Atiku was finally barred by INEC from contesting the April election. Is it fair or not?. What have you got to say about this?. Is there any substantial and legal basis to justify this act ?. Please, don't be bias or sound personal why contributing. Let's all learn from this thread please.

It is victory for constitutional democracy

I think it is perfectly right for INEC to do so. Although he was allowed to run for presidency, I think he went about it the wrong way. It's probably the best for Nigeria because if Atiku and Yar'adua were running for presidency, it would have been like little kids fighting for ice cream especially since OBJ's backing Yar'adua.

In my Opinion, it's better for the peace of that country. We can't have another war because we simply can't afford it.

McKen supplied us with the quote below:

137. (1) A person shall not be qualified for election to the office of
President if -
(a) subject to the provisions of section 28 of this Constitution, he
has voluntarily acquired the citizenship of a country other than
Nigeria or, except in such cases as may be prescribed by the National
Assembly, he has made a declaration of allegiance to such other
country; or
(b) he has been elected to such office at any two previous elections;
or
(c) under the law in any part of Nigeria, he is adjudged to be a
lunatic or otherwise declared to be of unsound mind;
or
(d) he is under a sentence of death imposed by any competent court of
law or tribunal in Nigeria or a sentence of imprisonment or fine for
any offence involving dishonesty or fraud (by whatever name called) or
for any other offence, imposed on him by any court or tribunal or
substituted by a competent authority for any other sentence imposed on
him by such a court or tribunal; or
(e) within a period of less than ten years before the date of the
election to the office of President he has been convicted and
sentenced for an offence involving dishonesty or he has been found
guilty of the contravention of the Code of Conduct; or
(f) he is an undischarged bankrupt, having been adjudged or otherwise
declared bankrupt under any law in force in Nigeria or any other
country; or
(g) being a person employed in the civil or public service of the
Federation or of any State, he has not resigned, withdrawn or retired
from the employment at least thirty days before the date of the
election; or
(h) he is a member of any secret society; or
(i) he has been indicted for embezzlement or fraud by a Judicial
Commission of Inquiry or an Administrative Panel of Inquiry or a
Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of
Inquiry Law or any other law by the Federal or State Government which
indictment has been accepted by the Federal or State Government,
respectively; or
(j) he has presented a forged certificate to the Independent National
Electoral Commission.

I would like to believe the information to be correct, so I would base my opinion on that.

He stands disqualified in accordance with Sub Section (i).

I am aware that Atiku challenged the legality of the administrative panel in court but I do not know the outcome but going by the quote above, I do not see where it spelt out how the panels should be constituted and unless it was stated somewhere else in the constitution and the relevant Section was violated in setting up the administrative panel then Atiku would be fighting a losing battle and judging by the past judiciary rullings, I am confident they will rule accordingly and with regards to the constitution.

I believe that the Law should be bigger than any individual. It is high time our law makers started making laws that pack a punch. Hopefully, by-gones would not be bygones after the election. We have that attitude of "Go home with your loot and sin no more" in Nigeria.

137. (1) A person shall not be qualified for election to the office of
President if -
(a) subject to the provisions of section 28 of this Constitution, he
has voluntarily acquired the citizenship of a country other than
Nigeria or, except in such cases as may be prescribed by the National
Assembly, he has made a declaration of allegiance to such other
country; or ,

(h) he is a member of any secret society; or(i) he has

,
Based on this, yaradua is disqualified too becuase all of them are members of Ogboni confra

My honest opinion is that INEC was used by Obj and cohorts to personally wage a way against the VP, Atiku Abubakar. I can never understand the issues behind Atiku's purpoted disqualification. Thats my honest opinion like yu asked!

@Peedavinci

Pls do u have fact to substantiate your claim that Yaradua belongs to Ogboni confraternity or just hearsay.

@Ugodaniel

ugodaniel:

My honest opinion is that INEC was used by Obj and cohorts to personally wage a way against the VP, Atiku Abubakar. I can never understand the issues behind Atiku's purpoted disqualification. Thats my honest opinion like yu asked!

Acording to what @FACE wrote, he quoted what the Nigeria Constitution says about this. He gave us a legal reason why Atiku was disqualified. It's either u refer to another section of the constitution that states otherwise or u agree with @FACE. Saying that u dont understand the issues behind Atiku's disqualification to me seems that you have formed an opinion that u dont want to change. Mind u, Im not backing any1 here, i want to learn if it is justified or not. Simple!

@MT

While you are trying to find out the truth, I like you to have this at the back of your mind. Those who back Atiku never quote the constitution, they only summarise it or at best they quote sections of the electoral act which offers half truth. The electoral act is only a fall out of the constitution and in case where for any reason where there seems to be conflict the constitution should take precedence. It is like expecting a departmental policy to overide a companywide policy in an organisation

God has saved Nigeria, from the claws of the Devil

@MT
A nice topic for discussion. I for one will really love to know the right position base on Nigerian constitution.

Please, learned friends in the house, we look forward to your unbias analysis and contribution.

The two parties invovled in this issue INEC and the VP has been crying foul and at the same time laying claims to sections of the Nigerian constitution while accussing each other of not obeying the constitution. The confusion is too much for the lay man on the street. Please, someone that is not supporting either party should explain to us what is FAIR and what is FOUL in this issue. Thanks

137. (1) A person shall not be qualified for election to the office of
President if -
(i) he has been indicted for embezzlement or fraud by a Judicial
Commission of Inquiry or an Administrative Panel of Inquiry or a
Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of
Inquiry Law or any other law by the Federal or State Government which
indictment has been accepted by the Federal or State Government,
respectively

Do you believe that the quote above is in the constitution, or you people still believe that OBJ sneakly inserted that overnight 'to disqualify Atiku'?
You are already biased in your judgment, and with that notion, you may still not accept the fact.
His disqualification is good for our democracy. He and his thug supporters have vowed that Nigeria would go in flame if he is disqualified, we are waiting.

INEC is really treading on a dangerous path. The Chairman and other senior officials of INEC face contempt charges. Something tells me the F.G is not interested in holding elections. The just want to create choas

Albert09:

INEC is really treading on a dangerous path. The Chairman and other senior officials of INEC face contempt charges. Something tells me the F.G is not interested in holding elections. The just want to create choas

Two Atiku cases were thrown out of court yesterday, one of them is this contemptous charge you talking about. The opposition dont want election, if they do they should abide by the provisions of the constitution.

http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm#Chapter_6

Section 137. The part that's important is 137->1->(i)

137. (1) A person shall not be qualified for election to the office of President if -

(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country; or

(b) he has been elected to such office at any two previous elections; or

(c) under the law in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind;

or

(d) he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria or a sentence of imprisonment or fine for any offence involving dishonesty or fraud (by whatever name called) or for any other offence, imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal; or

(e) within a period of less than ten years before the date of the election to the office of President he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of the contravention of the Code of Conduct; or

(f) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Nigeria or any other country; or

(g) being a person employed in the civil or public service of the Federation or of any State, he has not resigned, withdrawn or retired from the employment at least thirty days before the date of the election; or

(h) he is a member of any secret society; or

(i) he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of Inquiry Law or any other law by the Federal or State Government which indictment has been accepted by the Federal or State Government, respectively; or

(j) he has presented a forged certificate to the Independent National Electoral Commission.

(2) Where in respect of any person who has been -

(a) adjudged to be a lunatic;

(b) declared to be of unsound mind;

(c) sentenced to death or imprisonment; or

(d) adjudged or declared bankrupt

(e) any appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria, subsection (1) of this section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier.

INEC is right. Only the courts can save Atiku now. It's not compulsory that he becomes president. I hope he rots in hell.

PeeDaVinci:

,
Based on this, yaradua is disqualified too becuase all of them are members of Ogboni confra

Must We Always Lie To Make A Point?

what's th ogboni confra.

I'm interested cos I want Yar Adua disqualified too

This is from Wole Soyinka

The Nobel Laureate said: "I watched the performance of Professor Iwu, INEC's Chairman, on television last night (Thursday). It would be excessive to claim that I was frightened for the nation. Let me restrict myself to admitting that I felt very apprehensive. The Obasanjo-Atiku saga has taken a dimension that reaches far beyond the issues that are actually touted, the loudest being corruption, probity, integrity etc. etc. We are now firmly within the terrain, not even of the rule of law, but of the paranoid will of any individual, however powerful, against the very fabric of society, against such seeming intangibles as confidence in the ability of the law to protect the individual and the community. In other words, we are speaking of freedom and its protective mechanisms

and this is from Prof pat Utomi

Commenting on INEC’s list of presidential candidates and Abubakar’s disqualification, Utomi said, “I find it inappropriate that we don’t have a list of candidates who can run for election. Whether a person is good or bad, it should be left to the Nigerian people to make a decision. The officers who have information about candidates should make them available to Nigerians and allow the people decide.”

from the punch today.

This is a presidential candidate speaking so those of us that sit with our computer and write stuff from abroad the people within feel the impact more

Protest in Abeokuta, Yola, Awka
By Niyi Odebode, Abeokuta, Ihuoma Chiedozie, Abuja and John Ameh, Awka
Published: Saturday, 17 Mar 2007
Protests rocked parts of the country on Friday over the disqualification of the presidential candidate of the Action Congress, Vice-President Atiku Abubakar, by the Independent National Electoral Commission.

Saturday punch

@ McKren Nairaland legal and constitutional advisor Read this from the NBA president

Atiku: NBA, NSCIA fault INEC
By Tony Amokeodo
Published: Saturday, 17 Mar 2007
The Nigerian Bar Association and the Nigerian Supreme Council for Islamic Affairs on Friday warned the Chairman of the Independent National Electoral Commission, Prof. Maurice Iwu, against acts that could derail the April elections.

Addressing journalists in Lagos, the NBA President, Chief Olisa Agbakoba (SAN), said the association took serious objection to the statement credited to INEC that it had the power to decide the fate of candidates.

He declared that the electoral agency lacked such powers. Agbakoba further told journalists in Lagos that the NBA had summoned an emergency meeting of its National Executive Committee for next week, in order to adopt a common front on the unfolding saga.

He added that over 50, 000 members of the association would be called upon to undertake strong advocacy on the contentious issue, saying the exigencies of the time demanded action on the part of members.

The NBA, in letter to Iwu which was made available to our correspondent, said, “INEC is confronted with a plethora of constitutional challenges that will likely have grave consequences for the electoral process.

“The only proper procedure that INEC should have adopted in relation to matters in court dealing with qualification and substitution of candidates was to suspend action and await judgment. By excluding candidates with pending matters, INEC has preempted the decision of the courts and is in grave contempt. Again, we respectfully state that INEC cannot select which court decisions to obey. It is bound by every decision. The remedy is to appeal.

“NBA calls on INEC to absolutely follow the due rule of law, constitutionalism and due process. We will not allow INEC to take us to the wrong path. The only strong safeguard of constitutional democracy is to make it difficult for those who wish to thwart democracy to have their way.”

Also on Friday, the NSCIA urged INEC to rescind its disqualification of Vice-President Atiku Abubakar. The group made this appeal in a statement in Abeokuta by its Secretary-General, Dr. Lateef Adegbite.

The NSCIA warned that INEC‘s decision to disqualify Abubakar and other candidates could plunge the country into chaos. It wondered why the commission should disobey court orders on the matter.

The group said, “INEC should obey the rulings of the court on the matter since the judiciary is the final arbiter on the constitution and other laws of the land. We also appeal to all stakeholders in the elections to play the game according to the rules. Nothing should be done by politicians to disturb the public peace. The youth particularly must not allow themselves to be used to foment violence. The world is watching Nigeria. We must emerge from the elections with pride. May Almighty Allah make it so.”

It is quite unfortunate that some Nigerian are mixing things up.Even though we have the most corrupt personality vying for the post in Aso rock,'Rule of law must be obey'.What we are experiencing today in Nigeria is a script written by Federal Government,acted by INEC.The court ruling that prevent INEC from Disqualifying Atiku is clear with no ambigous meaning.Today it is the turn of Atiku,who knows what will happen tomorrow.Aption B,IS what we are witnessing now.Anyway,Nigerian are shallow minded when it comes to situation likle this,but I would have love INEC to allow Atiku Abubakar disqualification come from a competent court of Law.To those of you here justifying the decision of INEC,i WILL REMIND YOU THAT so far so good,fact on ground have been in favour of ATIKU.But if we want to murder LAW in order to punish a culprit,I dont know where we are heading to.

My honest opinion? INEC was dead right in disqualifying atiku and the heavens won't fall. Fire will burn awhile and cauldron will bubble. At the end Atiku will still stand disqualified. The constitution is explicit on this.

He should challenge his disqualification in court (but i fear him. it looks as if he controls the judiciary). What we are saying here is that if Tafa Balogun picks the PPP ticket today, he should be allowed to allowed to contest. What is then the essence of verification if INEC can not use the provision of the constitution to disqualify crooks from running?

Allowing people like Atiku who control the media, the judiciary and the legislature to run for an election, hoping that the electorate will decide is dangerous. Stopping him constitutionally is the only option and that's what INEC has just done.

@Dayokanu

I have learnt not to listen to what Olisa Agbakoba says, he gives his personal opinion on issues and claims it is that of the NBA. Olisa Agbakoba has been a rebel all his life and does not mind making illogical statements just in his quest to be seen as an activist.

He claims to be a respecter of the rule of law and does not know that the constitution which happens to be the fundamental law of the land must be adhered to no matter who is at the recieving end.

Why will I take an NBA chairman seriously when he thinks, no matter his prejudice or reservation,  in a country where people vote for parties and not individuals in election that a VP has the right to change parties and retain office. A situation which even the Senate President frowns at.
Tell me whose responsibility it is to implement section 137 of the constitution that has to do with seeking elective office if not INEC?

@Azorju the interpreter of the constitution is the court of law in case you dont know If the court clears Tafa Balogun then he can contest. No one is above the law including INEC and OBJ
Even OBJ was convicted of treason and cleared so that he could contest.

ATIKU is in charge of media, Judiciary and legislature and OBJ is in control of INEC

what coould be more ridiculous ATiku is in charge of Soyinka, Agbakoba, Utomi, Sultan, Lateef Adegbite and other prominent Nigerians who have spoken against INEC decision

Listen up people,

Nigeria is not a Kangaroo society!

Only a court of law has jurisdiction on whether someone is guilty of a crime. Since no court has found Atiku guilty of misappropriating PTDF funds and a court has ruled that INEC cannot bar Atiku from contesting, INEC has no authority whatsoever to keep Atiku from partaking in next month's election.

This is not a moral or ethical issue, this has to do with the rule of law. INEC's contention that Atiku cannot run because he has a case against him is completely flawed, no case is against Atiku in any court of law in the Federal Republic of Nigeria.

P.S. - I am not a fan of Atiku and I don't believe he is befitting to be president, but I believe we cannot continue to flaunt the rule of law. It works against our nascent democracy.

@Dayokanu

The constitution is interpreted when it is not clear, section 137 is written in plain english and very clear. INEC did not disqualify Atiku, the constitution did. What Atiku and his cohorts are praying is that the Electoral Act should take precedence over the constitution which isthe fundamental law of the land.


Read Wole Soyinka's comment once again. He thinks OBJ/Atiku should have been impeached on PTDF scandal meaning he does agree that they are culpable thus their indictment is just. Now our constitution does not permit people indicted of fraud to contest election and Wole Soyinka is arguing otherwise? where does he really stand?
I must confess I do respect Wole Soyinka but I dont know what he represents anymore? and I dont think i should swallow whatever he says merely because he is a professor and prolific writter.

Well,
to you you might be right in saying one is corrupt or not;but I am telling you this that the corruption allegation against this man can only be established in court.Obasanjo is not a saint, either!That is why he is fighting tooth and nail to get this man disqualify.We seems to forget event, Before now all attempt to get this guy roasted by all had prove abortive because the case is like a kettle calling pot black.He has unsuccesfully deregister this man from PDP,he even imposed his candidate on the party to cover up all his misdeed should in case we had a free and fair election.The issue of PTDF is a lesson to all and it should be taking with all seriousness that no matter what you are chosen to be accountable for,people will asked you of it one day.PTDF IS A SLUSH FUND for presidency.this is known by all who have been following this issue.You know that even when the fund was taken away from ATIKU , The spending pattern did not change.This have shown us clearly that our issue in Nigeria is critical.Atiku is thief, Obasanjo is using yaradua as pet thief to cover himself.
Well to this,What INEC did is wrong.To all my learned friend we know this.My ssociation know this!The battle for our survival has stated.Only time will tell.

@GNature

Go read section 137 yourself, it did not say Guilty but Indicted
it did not say courts alone, it says Adminitrative panel of enquiry could indict as well

My brother people should stop using the courts as a tool to circumvent the constitution. The court is only there to interprete laws that are unclear and not to circumvent it.

Atiku is not even denying this allegation so Idont know what the fuss is about. Senate will still indict him and OBJ on Tuesday.

Even in CRUTCHES Atiku is despirate!!!hm hm DESPIRADO Part II

(i) he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of Inquiry Law or any other law by the Federal or State Government which indictment has been accepted by the Federal or State Government, respectively; or

@McKren

I have just read section 137 and I have included the applicable quote above.

The administrative panel of inquiry must be set up by a Judge, not the abitrary type OBJ set up with his ministers as members. The panel that was set up was illegal and is not applicable as referenced in section 137.

Was it not in this country that someone standing trial for a murder case won election from jail just because he is in PDP

or not in this country that someone who did not obtain form for Senate had her name on the list of contester because she was PDP chairman's wife

Where was INEC and the constitution these times

@McKren

I have just read section 137 and I have included the applicable quote above.

The administrative panel of inquiry must be set up by a Judge, not the abitrary type OBJ set up with his ministers as members. The panel that was set up was illegal and is not applicable as referenced in section 137

excellent submission when did OBJ become a judge I know he was a soldier but a judge I am not sure can someone update me

GNature:

@McKren

I have just read section 137 and I have included the applicable quote above.

The administrative panel of inquiry must be set up by a Judge, not the abitrary type OBJ set up with his ministers as members. The panel that was set up was illegal and is not applicable as referenced in section 137.

I simply did not see any aspect of the quote that suggests the above. Please read it slowly once again.

Maybe you should check the meaning of the word "OR".   An administrative panel of enquiry is not set up by a Judge.

dayokanu:


excellent submission when did OBJ become a judge I know he was a soldier but a judge I am not sure can someone update me

Thanks my brother


@McKren

It is a well known fact that Judges appoint Administrative panels. Go and ask any lawyer, they will tell you.

Do you think people in power (in the executive arm) can just put anyone together and proclaim it as an administrative panel ? No ! That is what the Judiciary arm is for. This ensures that people are treated fairly. This ensures that there is no hidden agenda.

The members of the panel - El Rufai & co., did not go to law school. They are not competent to indict anyone.