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Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case - Politics - Nairaland

Nairaland Forum / Nairaland / General / Politics / Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case (32380 Views)

Supreme Court Adjourns Hearing Of Ihedioha’s Case To March 2, 2020 / Senator Eze Ajoku Bags Doctorate Degree In Divinity. / Biafra: Where Is Nnamdi Kanu? By Amanze Obi (2) (3) (4)

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Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by NGpatriot: 3:01pm On Jan 24
It has been days since Hon Emeka Ihedioha was felled by the final judgment of the Supreme Court, which also saw to the ascendency of Hope Uzodinma as Governor of Imo State.

No doubt, the judgment generated a lot of controversies, largely because a lot of people could not understand the reasoning behind the judgment. Yet, the truth is that people could not understand simply because the reasons were not yet known at the time of delivery of the judgment.

But now that the Supreme Court has released its 45-page reasons for the judgment, it appears that the judgment was not supposed to be as controversial as it was, and a lot of minds will as soon be changed in favor of the judgment.

After reading through the reasons for the judgment, almost everybody (lawyers and laymen) will agree that if anything went wrong, it went wrong with INEC’s failure to proactively disprove the 388 polling unit results rendered by Governor Hope Uzodinma. In point of fact, INEC tendered nothing to contradict the results tendered by Uzodimma.

The second thing that went wrong was that Ihedioha’s lawyers simply alleged that the results were forged but they never tendered any evidence to prove their bare assertions. Pray, how can you accuse someone of a criminal offense (forgery) without proving it beyond reasonable doubt. They didn’t even present anything at all. Nothing!

Further, while Governor Uzodinma made credible assertions that elections were held in those 388 polling units just as they were also held in the rest of the remaining polling units across Imo State, neither INEC nor Ihedioha’s lawyers could contradict that or explain what happened to the votes scored in those 388 polling units.

In any system of elections, there is a presumption that elections held in all polling units. Therefore, anybody who asserts that they did not must the one proving such, not the other around. It is thus proper that this presumption, being unchallenged, had to be resolved in favor of Uzodinma.

So, in this circumstance of absence of contrary evidence from INEC and Ihedioha, any impartial fact finder, including the Supreme Court would have no other choice than to rely on the results tendered by Uzodinma and his witnesses.

It is also pertinent to note that these witnesses are legally qualified to testify to the results sheets because as Ward agents/officials and police officers who were accredited to the election, they saw what happened with their own eyes. They are eyewitnesses. So, the thesis that it is only polling unit agents/officials that should have testified is not known to the Electoral Act, the Evidence Act or any other Nigerian law.

Further, the result sheets they testified to and which contained the votes from the 388 polling units were entered on a Form recognized by law as an election material, and it is issued in counterparts, of which Uzodinma tendered one but INEC/Ihedioha tendered nothing. It therefore follows that if anybody alleges that the figures on the Form were forged, the burden lies with such person to prove his allegation with another version of the document or another result sheet. This, INEC and Ihedioha woefully failed to do.

Finally, the Supreme Court reached its conclusions by referring to many decided cases where the documentary testimony of police officers who participated in the election were held to even higher probative value than that of INEC officials, who might have even intentionally excluded votes in order to favor their preferred candidate. There have been previous instances of such being the case, and the Supreme Court is aware.

Going forward from here, the lessons learned from the outcome of this very case are legion: First, INEC must do more to prove the results of any election it declared. Mere declaration is no longer enough. Second, lawyers defending election petitions must not assume that it is only INEC that has the monopoly of truthfulness when election results are in dispute. Third and finally, before anybody takes issues with Court judgments, such person should hold his peace until he sees reasons for the judgment.

https://dailypost.ng/2020/01/24/amanze-ajoku-how-inec-and-lawyers-ruined-ihediohas-case/

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Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by NGpatriot: 3:10pm On Jan 24
Unfortunately, our so-called leaders of tomorrow are on the internet rambling tribalism, religious bigotry and other ignorant phrases instead of reading and analyzing what actually transpired and what led to the SC judgment in favor of the plaintiff.

We can not secure favorable judgments through incompetence, laziness and after failing to prove our case with credible evidence.

116 Likes 11 Shares

Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by slivertongue: 3:14pm On Jan 24
APC will not know peace

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Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by LegalAnalyst(m): 3:29pm On Jan 24
From the very beginning, I knew something went wrong. No sane justice of the supreme court will accede to political pressure to upturn an electoral victory of an opposition party in zone such as South East; bearing in mind of the many recent events in the zone.

But the perception that judiciary as presently constituted is Buhari's puppet makes some Nigerians, especially PDPs, think Tanko-led Judiciary has compromised.

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Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by positivelord: 3:31pm On Jan 24
Story...

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Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by Flexherbal(m): 3:34pm On Jan 24
This means that, his lawyers failed him.

I think he has even moved on.

11 Likes 1 Share

Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by OVIHINNO(m): 3:34pm On Jan 24
Any sane mind will know 7 supreme court Justices can never be compromised at the same time. Agreed those results might have been forged but the onus of proof lies on the respondents. Like its said; He who allege must prove. The supreme court only worked with facts presented before her. Supreme court judges don't dwell on sentiments and emotions.

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Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by JusticeSeeker: 3:37pm On Jan 24
All those who castigated the incorruptible justices who rejected money from PDP to deliver a landmark judgment should apologize without delay.

44 Likes 7 Shares

Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by Dustyn: 3:48pm On Jan 24
NGpatriot:
Unfortunately, our so-called leaders of tomorrow are on the internet rambling tribalism, religious bigotry and other ignorant phrases instead of reading and analyzing what actually transpired and what led to the SC judgment in favor of the plaintiff.

We can not secure favorable judgments through incompetence, laziness and after failing to prove our case with credible evidence.

13 Likes 4 Shares

Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by tophumble(m): 3:49pm On Jan 24
PDP will just hire lawyers that won't study case well and when they fail they will begin to blame Supreme court Judges

44 Likes 5 Shares

Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by festacman(m): 3:59pm On Jan 24
I sympathize with Emeka Ihedioha. Losing a life-changing court case is never a pleasant experience but an unanimous judgement by seven Justices of the Supreme Court should have doused emotional outbursts and insults that were were hurled at the Temple of Justice. Unfortunately it did not. The integrity, qualifications, intellect and mental health of the judges were questioned by members and supporters of opposition. Even some senior lawyers threw caution to the wind and made dangerous insinuations without waiting for the details of the ruling. SMH

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Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by Okpa042(m): 4:24pm On Jan 24
Look fellow nigerian angry, I did not read this and I have nothing tangible to say pertaining to this situation because I do not understand what is happening to ihedioha but all I will say is this....

Arrest ihedioha, arrest whoever was there before him, PDP is useless, APC is useless, APGA is useless, all political parties are USELESS, there are evidences of corruption everywhere, all over the country but EFCC is now a department in APC, strip all those lawyers off their positions because when buhari broke the law they modified it with the affidavit rule. So that means you doing PhD, BSc or MBBS would be equal to musa who has 10 years experience as a gateman when he finally gets affidavit from oshodi underbridge for N2500. angry

Nigeria is still how it was 50 years ago with NO improvement, the only improvement we can be proud of to an extent is the centenary N100 note (the world's first digital currency, according to google angry)

And the agbero above is sympatizing with ihedioha undecided. Like oga...Did you drink urine?

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Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by JOHNSONSOLAFUNMI: 4:24pm On Jan 24
Same case that the former imo gov won at the tribunal and appeal court

How much were you paid

Best thing is to call for rerun in the affected polling booths, don’t take side with injustice please


God punish N.B.A, N.J.C, I.N.E.C, N.P.F, A.P.C, P.D.P and F.G

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Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by JOHNSONSOLAFUNMI: 4:24pm On Jan 24
tophumble:
PDP will just hire lawyers that won't study case well and when they fail they will begin to blame Supreme court Judges
The lawyers won the case at tribunal and appeal court

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Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by RichFoundation(m): 4:25pm On Jan 24
Really
Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by socialmediaman: 4:26pm On Jan 24
Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by Animatepro: 4:26pm On Jan 24
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Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by armadeo(m): 4:27pm On Jan 24
.

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Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by Xisnin(m): 4:27pm On Jan 24
Fake analysis.
The court is not bound to accept all documents presented by plaintiffs.
If such a principle is generally applied, society will collapse.
Imagine what thieves and fraudsters will gain if merely presenting a document to a court
automatically make it legit.


Imagine someone presented to the court a purported receipt to your phone claiming they own it.
Should the court give them the phone because they ask for it?

What if the only issuer of such receipts declares it to be fake?
Shouldn't that be sufficient?

What if the court discovers that the date on the presented receipt is fake, should
the court steal your phone and give it to the complainant?


What any sane, sensible person would have done when they discover that Uzodinma's
fake results actually makes the total votes greater than the accredited voters is to dismiss his case or
declare the election null and order a rerun.

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Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by NORSYK(m): 4:28pm On Jan 24
SUPREME COURT DECISION IN:
SENATOR HOPE UZODINMA VS RT. HON. EMEKA IHEDIOHA

SALIENT AREAS OF EVIDENCE OF PW54

(POLICE OFFICER IN THE TRIBUNAL)

By
Coalition in Defence of Nigerian Democracy and Constitution (CDNDC)
Convener, Ariyo-Dare Atoye
aristotle001us@yahoo.com

The Supreme Court based its judgment in the above case, solely on the evidence of PW54 DCP Rabiu Hussain.

From the C.TC. of the proceedings of the Tribunal on 31July, 2019 DCP RABIU HUSSAIN testified in the Tribunal as follows:
“In Exhibit NNN1 to NNN18, (subpoena) I was asked to produce 388 Forms EC8As retrieved by the Police Officers. I have some of the FORMS. I don’t have 388 FORMS. The total number I brought is 368 and I cannot lay my hands on 20 FORMS”.
OUR COMMENT:

The record of Court only showed that 366 FORMS EC8As (not 368 and definitely not 388) were admitted in evidence and marked as Exhibits PPP1 to PPP366. These conflicting figures of 366, 368, or 388 Forms make his evidence completely unreliable.
DCP RABIU HUSSAINI CONTINUED:
“I didn’t tabulate the scores in Exhibit PPP1 to PPP166(366?).

I didn’t observe the entries in any of them.
I didn’t go through Exhibits PPP1 to PPP166(366) because Police are not interested in the scores of the parties”.
“I am surprised that the number of forms I tendered are not up to the number I told the Hon. Tribunal”.
“I cannot know whether there are mutilations or tampering in Exhibit PPP1 to PPP366.”
OUR ANALYSIS

The above evidence of PW54, the Deputy Commissioner of Police, did not say what each candidate scored or the figures.

PW54 did not give evidence with regards to 388 polling units. PW54 did not tender results from 388 polling units.

PW54 stated in his testimony that he did not know the contents of Exhibits PPP1 to PPP366, or PPP1 to PPP388 or any of the forms whatever the number.

PW54 did not testify that results from 366, or 368 or 388 polling units were excluded.

QUESTION?

If, from the Certified True Copy of the evidence/testimony of PW54 which the Supreme Court relied upon to give its final judgment, there is no evidence of the votes scored in Exhibits PPP1 to PPP366, or PPP1 to 368 or 388 where did the Supreme Court get the 213,695 votes it added to the scores of Hope Uzodinma?. And from where did the Supreme Court get the evidence that results from 388 polling units were excluded when PW54 testified that he brought only 366 or 368 FORMS EC8As. Since 366 and not 388 FORMS were eventually found to be tendered by DCP Rabiu Hussaini, where did the Supreme Court get the 213,695 votes it added to Hope Uzodinma?. Or did Supreme Court merely copy tge pleadings of Hope Uzodinma and regarded it as evidence? It is trite Law that averment in pleadings or Address of Counsel cannot take the place of evidence?

From the 20 or 22 EC8As forms PW54 admitted that he omitted to tender at the Tribunal from the 388 he was subpoenered to produce, how many votes did it contain for each candidate? What is the spread? These are questions the Supreme Court must answer, since their judgment did not cover these issues and contain unbelievable gaps.

It is obvious that the Supreme Court relied only on the submission of Hope Uzodinma without any reference to the records of proceedings of the Tribunal/Court of Appeal or otherwise, it would have realised that even though Hope Uzodinma claimed 388 polling units, he only dumped 366 discredited polling units results through the Police, yet the Supreme Court unilaterally credited him with figures from the 388 units which figures did not remove the 20 or even 22 polling units that were in fact not tendered before the tribunal .

The Supreme Court judgement was erroneously premised on 388 polling units results when indeed only 366 polling units’ results were admitted in the Tribunal before being expunged on very solid grounds by both the Tribunal and the Court of Appeal. We may never know the impact the exclusion of the results from the 20 or 22 units by the Supreme Court based on its own perverse findings could have had on the scores of each candidate.

Our Submission

It is our candid submission that the Supreme Court is left with no other option than to review and reverse this anomaly, even if it means applying a Judicial Doctrine of Necessity (borrowing from the intervention of the National Assembly, when Nigeria was in a big fix). The confidence of Nigerians in the Judiciary is at the lowest and we believe that the Supreme Court can help to restore it and save the future of the future of elections. This is the time to apply what the Supreme Court in Federal Republic of Nigeria V. MKO Abiola (1995) 7 NWLR, said:

“Justice must be rooted in confidence and confidence is destroyed when right-minded people go away thinking: The Judge is biased.”

By
Coalition in Defence of Nigerian Democracy and Constitution (CDNDC)
Convener, Ariyo-Dare Atoye
aristotle001us@yahoo.com

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Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by MISTAICEY02288(m): 4:28pm On Jan 24
Problem ti wọn nìyẹn undecided
Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by careytommy37(m): 4:28pm On Jan 24
Yimu. Not my business
Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by Criptofxt10: 4:29pm On Jan 24
Jwhq

Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by fakem(f): 4:29pm On Jan 24
Take it or leave it, that judgement is not perfect

11 Likes 3 Shares

Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by NORSYK(m): 4:29pm On Jan 24
festacman:
I sympathize with Emeka Ihedioha. Losing a life-changing court case is never a pleasant experience but an unanimous judgement by seven Justices of the Supreme Court should have doused emotional outbursts and insults that were were hurled at the Temple of Justice. Unfortunately it did not. The integrity, qualifications, intellect and mental health of the judges were questioned by members and supporters of opposition. Even some senior lawyers threw caution to the wind and made dangerous insinuations without waiting for the details of the ruling. SMH

When Tanko disbanded the panel of Imo State case on 3 occasions what does that tell you

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Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by NGpatriot: 4:30pm On Jan 24
JOHNSONSOLAFUNMI:

The lawyers won the case at tribunal and appeal court


Different case

Different sets of facts

= Different judgment.

6 Likes 1 Share

Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by RedBlackPepper: 4:30pm On Jan 24
Hmmn...even if you hire 1 million SAN...what will happen go still happen.

2 Likes

Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by adm212144: 4:30pm On Jan 24
JOHNSONSOLAFUNMI:

The lawyers won the case at tribunal and appeal court
dont mind the slowpoke up the thread .we are always far from telling the truth .anyway law is all about precedence.I noticed one thing about we Nigerians,we are always biased and sentimental.thats the reason this country can’t grow .

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Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by tstx(m): 4:31pm On Jan 24
Normal
Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by ZombieHUNT: 4:31pm On Jan 24
NGpatriot:
Unfortunately, our so-called leaders of tomorrow are on the internet rambling tribalism, religious bigotry and other ignorant phrases instead of reading and analyzing what actually transpired and what led to the SC judgment in favor of the plaintiff.

We can not secure favorable judgments through incompetence, laziness and after failing to prove our case with credible evidence.

Buhari is a disaster
Re: Amanze Ajoku: How INEC And Lawyers Ruined Ihedioha’s Case by mcmbonu: 4:31pm On Jan 24
Wow. Very bad

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