Attached is the list of Atiku's court victories.

All of which are now pointless.

Mariory:

All of which are now pointless.

Pls come off it.
How can you say court verdicts are pointless?
Have you ever heard of the term "judiciary precedence".?

How can you built something on Nothing?

What I am trying to do by posting this list is for us to see the trend of things concrening the suppose "illegal disqualification" of Turaki Atiku Abubakar.

Remember all these cases have not gotten to the supreme court.

Atiku is not disqualified. no one disqualified him from contesting. You know why? it's because he wasn't qualified to run in the first place. So you come off it.

All those court victories mean absolutely nothing in the grand scheme of things. So you post his victories all you want and relish it too. Cause that's all you'll have when the elections come and go. Have fun.

What I am trying to do by posting this list is for us to see the trend of things concrening the suppose "illegal disqualification" of Turaki Atiku Abubakar.

It defeats the very essence of this forum if the propaganda perpetrated by the Nigerian media finds its way into this forum.
The list is a litany of half truths, the Turaki Vanguard have shown their ability to re-interprete court verdicts and people have to be careful what and what not to believe about them.

E.g. In line 6, the verdict by Justice Inumudin Akande never granted any relief to the person of Atiku Abubakar, thus I doubt the veracity of the final clause on that line which reads "including the vice president". It is in the light of this that the argument that Atiku can not benefit from a case he is not party to was born out.

Line 13 which reads "INEC disqualification illegal" is a clear example of being economical with the truth. In that case Atiku prayed for 6 reliefs and was granted only one conditionally, in which Justice Babs Kewunmi held that while INEC had no powers under law to disqualify candidates they had powers to verify that candidates to ensure they met constitutional requirements.  I don't see how that should be considered as victory for Turaki Vanguard.
It is also intresting to note that sequel to this verdict Atiku charged Iwu to court for contempt but the same Justice Babs Kewunmi threw out their case. Why are they decieving the Nigerian Public Why did'nt that list also contain that Justice Binta Nyako has once held that "existing legislation as provided in the constitution are enough to bar any candidate without necessarily any court pronouncement".

Or are you not aware of section 1 of the constitution which dwells on the Supremacy of the constitution??

Atiku is not qualified in accordance with the provision of the constitution, it is that simple.

Please there is no weapon of mass destruction as wicked as misinforming the public and I beg you to desist from this act.

after court victories comes election. right? we shall see.

nonsense

he will be president over my dead body
idiot

O-B-J:

after court victories comes election. right? we shall see.

nonsense

he will be president over my dead body
idiot

Democracy is about the rule of Law.

@McKren
The constitution says an aggrieved person should go to court for a pronouncement/verdict on the disqualification or otherwise of a candidate. Sorry I do not remember the section of the constitution/electoral act that says this, I will get back to later with this.

@McKren
The constitution says an aggrieved person should go to court for a pronouncement/verdict on the disqualification or otherwise of a candidate. Sorry I do not remember the section of the constitution/electoral act that says this, I will get back to later with this.

Make sure when you come back you quote the constitution and not Lai (lie) Mohamed or AC. Cos I have my own copy and will verify. And also state clearly what your argument is

besides that also remember section 1 of the constitution which dwells on supremacy of the constitution in case of conflicts.

[size=24pt]ATIKU HAS APPEALED AGAINST VICTORY 13 ON THAT LIST, WHY IS THAT[/size]

McKren:

[size=24pt]ATIKU HAS APPEALED AGAINST VICTORY 13 ON THAT LIST, WHY IS THAT[/size]

Thanks for the observation.
But what Turak Atiku is doing is not appealing the judgment but has gone back to court for the[b] enforcement [/b] of the judgment. Moreso you can only appeal judgment of High court at higher court -- Court Appeal and the supreme court, that is why they were Appealty courts.

@mckren

atiku merely went back to get a court order compelling inec to allow him contest.
try reading the lines before you allow your emotions guard you

Ok probably you guys know better than the defendant INEC on this issue

Quote
“The other issue with AC is that when we made a case that the issue was not the way it was reported, they contested it for a while, but they have now gone back to appeal against that judgment. Why are they appealing? They are in court now, but it was kept low by the media.
“Nobody is hearing about the records and grounds of the appeal. We have the records and grounds of the appeal. They appealed against the entire judgment,” Iwu said.




http://www.sunnewsonline.com/webpages/news/national/2007/mar/26/national-26-03-2007-01.htm

@mckren
thats just inec's side of the story,have you seen the appeal papers? no i presume

DRANOEL:

@mckren
thats just inec's side of the story,have you seen the appeal papers? no i presume

So why should I take you more seriously than INEC chairman or the SUN ??

simple,because you havent seen the appeal papers,the judgement that was first passed did not contain any order that was why inec did not include atiku's name. ac is now seeking an order compelling inec to print atiku's name

DRANOEL:

simple,because you havent seen the appeal papers,the judgement that was first passed did not contain any order that was why inec did not include atiku's name. ac is now seeking an order compelling inec to print atiku's name

That does not explain why I should take you more seriously than INEC chairman or The SUN. I need a reason.

McKren:

Make sure when you come back you quote the constitution and not Lai (lie) Mohamed or AC. Cos I have my own copy and will verify. And also state clearly what your argument is

besides that also remember section 1 of the constitution which dwells on supremacy of the constitution in case of conflicts.

Section 32 of the Electoral Law 2006: QUOTE
32. (1) Every political party shall not later than 120 days before the date appointed for a general election under the provisions of this Act, submit to the Commission in the prescribed forms the list of the candidates the Party proposes to sponsor at the elections.

(2) The list shall be accompanied by an Affidavit sworn to by each candidate at the High Court of a State, indicating that he has fulfilled all the constitutional requirements for election into that office.

(3) The Commission shall, within 7 days of the receipt of the personal particulars of the candidate, publish same in the constituency where the candidate intends to contest the election.

(4) Any person who has reasonable grounds to believe that any information given by a candidate in the Affidavit is false may file a suit at the High Court of a State or Federal High Court against such person seeking a declaration that the information contained in the Affidavit is false.

(5) If the Court determines that any of the information contained in the Affidavit is false the Court shall issue an Order disqualifying the candidate from contesting the election.

(6) A Political Party which presents to the Commission the name of a candidate who does not meet the qualifications stipulated in this section, shall be guilty of an offence and on conviction shall be liable to a maximum fine of N500,000.00.

(7) Every political party shall not later than 14 days before the date appointed for a bye-election by the Commission submit the list of candidates from the party for the bye-election.

UNQUOTE
One does not know what can be clearer than in Section 32(5) on which Justice Kuewumi based his substantive judgement: "…the Court shall issue an Order disqualifying the candidate from contesting the election " and no one else.

Now what does the Constitution say about the requirements to which an affidavit must be sworn? In the Constitution Sections mentioned in the ruling [in sections 66, 106,107,117 and 137], only ONE subsection each - Section 66(i), 107(i), 137(j) - has ANYTHING DIRECTLY to do with INEC, and that has to do with presenting "a forged certificate", by which we might expect to include birth certificates, educational certificates, etc, Here is (for example) Section 137 of the 1999 Constitution:

QUOTE
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 .

UNQUOTE
On a practical basis, how does INEC "verify" Sections 137()1(a) to (j) above on ALL candidates UNLESS opponents bring them up? Does it go "fishing" otherwise? If opponents bring challenges up, does INEC then constitute itself into an investigating body and a judicial body?

A clear interpretation of these sections is that ONLY in the issue of certificates SUBMITTED TO INEC does INEC – maybe as Prof. Maurice Iwu, not as INEC per se - have "locus standi" to GO TO COURT if it suspects forgery. Otherwise it supposedly being a free-and-fair umpire REQUIRES that it to stand back because all the OTHER issues have been sworn to be CORRECT in an AFFIDAVIT. However, if a political OPPONENT successfully challenges the correctness of the affidavit in court, then INEC has no option but to comply AFTER all appeals have been exhausted, and the party pays a fine for that. If there is NO outside petition initiated in court by an opponent and/or none successfully proven, and if there is no petition initiated by an INEC official suspecting certificate forgery and successfully proven, then qualification is automatic.

It is as simple as that. INEC should not be seen – or constitute itself – into political opponency.


In these political contests, INEC is by law SUPPOSED to be INDEPENDENT to the greatest extent humanly possible, and the Constitution/Electoral law ASSISTS it to be so. By the same token, the appropriate courts are expected to assist it in being SEEN to be independent to the greatest extent possible, knowing that INEC is composed of human beings who might have their biases or political leanings. That is why the courts are invoked as the final arbiter in matters where there is evidentiary controversy.

The Constitution/Electoral Act stipulates that political parties are FIRST given the option to verify and QUALIFY their candidates who must have sworn affidavits claiming compliance with constitutional provisions for their candidacy, which are then passed on to INEC for its own verification. INEC should then pass on the results of its own verifications back to the parties AND publish them to the world, whereupon the parties can either act upon them in one way or the other, but more importantly political opponents can GO TO COURT to challenge individual candidates, which courts can then rule one way or the other on their final qualification. In fact, the Electoral Law specifies PUNISHMENT for political parties submitting candidates not fulfilling the requirements - up to N500,000 – quite stiff and hence not to be taken lightly.

So why is INEC NOT choosing to fine such political parties? More importantly, why would that section exist if INEC is the one supposed to DISQUALIFY?


http://www.thenewsng.com/modules/zmagazine/article.php?articleid=14538

point of correction, atiku is not appealing but merely seeking enforcement of judgement

as for believing me or inec, well iwu is a pdp member what more can i say

A characteristic behaviour of AC supporters, quoting electoral act instead of constitution, have'nt you heard of supremacy of the constitution there you go

Chapter I

General Provisions



Part I





Federal Republic of Nigeria



1. (1) This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria.

(2) The Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.

(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.
2. (1) Nigeria is one indivisible and indissoluble sovereign state to be known by the name of the Federal Republic of Nigeria.

(2) Nigeria shall be a Federation consisting of States and a Federal Capital Territory.

3. (1) There shall be 36 states in Nigeria, that is to say, Abia, Adamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River, Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe and Zamfara.

(2) Each state of Nigeria, named in the first column of Part I of the First Schedule to this Constitution, shall consist of the area shown opposite thereto in the second column of that Schedule.

(3) The headquarters of the Governor of each State shall be known as the Capital City of that State as shown in the third column of the said Part I of the First Schedule opposite the State named in the first column thereof.

(4) The Federal Capital Territory, Abuja, shall be as defined in Part II of the First Scheduled to this Constitution.

(5) The provisions of this Constitution in Part I of Chapter VIII hereof shall in relation to the Federal Capital Territory, Abuja, have effect in the manner set out thereunder.

(6) There shall be 768 Local Government Areas in Nigeria as shown in the second column of Part I of the First Schedule to this Constitution and six area councils as shown in Part II of that Schedule.

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.

DRANOEL:

point of correction, atiku is not appealing but merely seeking enforcement of judgement

as for believing me or inec, well iwu is a pdp member what more can i say

Can you post for the consumption of nairaland forumites Iwu's PDP card number??

i can sure post yours

Larufa and Draonel, you guys are very loyal followers and I admire you guys for that. But the truth is Atiku is begining to accept his faith.
He was not at AC ralies at PH and Asaba.

It is begining to sink in that he has no place in our political future.

But when did President Olusegun Obasanjo discover that Atiku was corrupt?
Before they were partners in crime or after he left the PDP Gang of 40 thieves?

Funny that Atiku was not found wanting when he was loyal to Obasanjo until he refused to support Obasanjo's Third Term bid. Then suddenly Obasanjo started screaming that Atiku was corrupt.

The conceit and deceit of Obasanjo and his anti-Atiku errand boys show them to be worse criminals than their scape goat.

A thief is a thief.
From the one who stole N1 to the one who stole N1 Billion.
Before God, they are both guilty.

That is INEC must allow Atiku to contest as they have allowed the other thieves in the PDP to contest in the April polls.

@Larufa

From your post you do agree that INEC has the duty to verify candidates, can you explain the very essence of the verification excercise. Is it an academic excersize or an attempt to ensure that candidates are fit for purpose in accordance with provisions of the constitution.

So why is INEC NOT choosing to fine such political parties? More importantly, why would that section exist if INEC is the one supposed to DISQUALIFY?

INEC should fine political parties and not disqualify the candidates 
People should show some respect for Nigerians please.
That fine is not intended to legalise an illegal candidate, it is meant to penalise the party in question for wasting INEC's time and that is after the candidate must have been screened out.

@mcren
atiku was not at the rallies b'cos of his broken leg remember