Wole Olanikpekun the master of technicalities is at it again...

Hear Him.....

The APC, in an application filed on Thursday by its team of lawyers led by Chief Wole Olanipekun (SAN), with Prince Lateef Fagbemi (SAN) also wants the Supreme Court to set aside the “wrong” interpretation given to its judgment of February 13, 2020 and the subsequent execution by the Independent National. electoral Commission (INEC).

The party is among others, contending that the Supreme Court, in its judgment, misinterpreted the November 12, 2019 judgment of the Federal High Court, Abuja which it (the Supreme Court) affirmed.

The APC argued that the Supreme Court acted without jurisdiction and denied it (the party) fair hearing when it proceeded to disqualify its governorship candidate even though the Federal High Court, in the judgment by Justice Inyang Ekwo, which the apex court affirmed, refused the plaintiffs’ prayer to disqualify Lyon.


It stated: “After reinstating the judgment of the trial court in the judgment of this honourobie court of the 13th February, 2020, in SC.1/2020 Peoples Democratic Party (PDP) & 2 Ors. v. Biobarakuma Degi-Eremienyo & 3 ors., this honourable court proceeded to disqualify the governorship candidate of the applicant (Lyon David Pereworimin) despite the fact that the trial High Court refused to grant the reliefs for his disqualification and there was no appeal against same.

“In this honourable court’s judgment of 13th February, 2020, the court erroneously and inadvertently stated that the trial High Court consequentially disqualified the applicant‘s governorship candidate even though the trial court made no such order and when the trial court indeed refused to grant the express orders sought by the plaintiffs therein for his disqualification.”


It stated: “By an originating summons dated 12th September, 2019, in Suit NO: PHC/ABJ/CS/ 1101/2019 between Peoples Democratic Party (PDP) & 2 Ors. v. Biobarakuma Degi-Eremienyo & 3 ors., the respondents approached the Federal High Court for a total of 10 reliefs.

In the judgment of the Federal High Court, per Ekwo J., delivered on 12th November. 2019, the said court granted only 6 (six) of the reliefs.

“In the drawn up order of the Federal High Court duly signed by the trial judge the 6 (six) reliefs granted are clearly encapsulated therein.

“In specific reference to the reliefs for the disqualification of the governorship candidate of the applicant (Lyon Dovid Pereworimin), the trial court refused to grant the plaintiffs’ prayers to disqualify him.

“It was only the Deputy Governorship candidate of the applicant (Biobarakuma Degl-Eremienyo) that the trial High Court made an order of disqualification against.

“There was no cross-appeal to the Court of Appeal against the decision of the trial High Court refusing to make an order disqualifying the governorship candidate of the applicant (Lyon Dovid Pereworimin).

“In the judgment of this honourable court delivered on 13th February, 2019 this honourable court set aside the decision of the Court of Appeal and restored the decision of the trial High Court.

In the enrolled order of the judgment of the trial High Court, no disqualification order was mode against the applicant’s candidate (Lyon David Pereworimin), whether consequentially or otherwise.

“After reinstating the judgment of the trial court in the judgment of this honourable court of this 13th February, 2020, in SC.1/2020 Peoples Democratic Party (PDP) & 2 Ors. v. Biobarakuma Degi-Eremienyo & 3 ors., this honourable court proceeded to disqualify the governorship candidate of the applicant (Lyon David Pereworimin) despite the fact that the trial High Court refused to grant the reliefs for his disqualification and there was no appeal against same.

“In this honourable court’s judgment of 13th February, 2020, the court erroneously and inadvertently stated that the trial High Court consequentially disqualified the applicant‘s governorship candidate even though the trial court mode no such order and when the trial court indeed refused to grant the express orders sought by the plaintiffs therein for his disqualification.

“This honourable court acted without jurisdiction by holding as in (xiii) and (xiv). supra (as contained in the two paragraphs above) and also breached applicant’s right to fair hearing.

“With respect, the portions of the judgment of this honourable court highlighted in the body of this application constitute a nullity.

“With respect, the decision of this honourable court of 13th February, 2020, in SC.1/ 2020 Peoples Democratic Party (PDP) & 2 ors. v. Biobarakuma Degi-Eremienyo & 3 ors., was premised on and vitiated by a fundamental error.


Will he succeed this time?

Let me see how Chief Wole Olanipekun would tackle this one since he is an Oracle when it comes to legal matters. It is kukuma a joint ticket, I beg to ask when Chief Ademola Adeleke was been threatening with fake results brouhaha what was the motive of the purpose to disqualify him if not to say PDP has no candidate, the issue of Kogi state also come to play here,where the late Audu won the election yet his deputy can't take over.The only break through I see would be for Chief to prove that the party was voted for not the Individual,that way setting aside the victory of the party is null and void. ...Anyway interesting times here.

The Only lawyer I respect when it comes to election matter.

Wait to see...

PDP should pick Ikpeazu let see how it goes.

ChristianNorth:
PDP should pick Ikpeazu let see how it goes.

They already did in imo.even if they do now,it will end up like the osun case.wole is at his strongest point

haffaze777:
The Only lawyer I respect when it comes to election matter.

He's the greatest electoral lawyer

A vote cast in an election is for the party but not for the candidate...let's wait and see what the outcome would be.

uruba23:
Let me see how Chief Wole Olanipekun would tackle this one since he is an Oracle when it comes to legal matters. It is kukuma a joint ticket, I beg to ask when Chief Ademola Adeleke was been threatening with fake results brouhaha what was the motive of the purpose to qualify him if not to say PDP has no candidate, the issue of Kogi state also come to play here,where the late Audu won the election yet his deputy can't take over.The only break through I see would be for Chief to prove that the party was voted for not the Individual,that way setting aside the victory of the party is null and void. ...Anyway interesting times here.

Upon all the evidences leveled against adeleke,he still won.so how come degi own is different?
Proving that a party was voted for and that the votes remain intact and that in the event of disq,the 1st runner up can be fronted

isaacsegun:
A vote cast in an election is for the party but not for the candidate...let's wait and see what the outcome would be.

That is it.the constitution is silent if the invalidation of a candidate nullifies a party's mandate,it is the supreme court that formed this new law of when a party is disq,the next party takes over.it is illegal,it must stop.

Dansuqi:

They already did in imo.even if they do now,it will end up like the osun case.wole is at his strongest point

Nope....it's Agabi, they picked.

fergie001:

Nope....it's Agabi, they picked.

The supporting lawyer is ikpeazu

isaacsegun:
A vote cast in an election is for the party but not for the candidate...let's wait and see what the outcome would be.

The matter was pre-election. The young man wasn't qualified in the first place meant that the party shouldn't have even appeared on the ballot.

Save for the injunction at the CoA, INEC would have struck them off like in Rivers State.

Dansuqi:

The supporting lawyer is ikpeazu

That makes him too concentrated to be in this.

Don't forget, the Osun matter was decided because of the missing Judge or so...

Can I ask, have you seen the High Court judgement on Degi?

fergie001:

Nope....it's Agabi, they picked.

Ikpeazu handled the first case. They removed him and brought Agabi

tinsel:

Ikpeazu handled the first case. They removed him and brought Agabi

Ya, we are talking about the review.

Dansuqi:

That is it.the constitution is silent if the invalidation of a candidate nullifies a party's mandate,it is the supreme court that formed this new law of when a party is disq,the next party takes over.it is illegal,it must stop.

Most of your comments these days elicit laughter...

This man, whole Olanipekun has won numerous election cases. He must have pick a hole in this case for him to have agreed to be part of the legal team.

fergie001:

That makes him too concentrated to be in this.

Don't forget, the Osun matter was decided because of the missing Judge or so...

Can I ask, have you seen the High Court judgement on Degi?

When me and ejimatic were hammering on how fatal the absence of the judge will be,did you not laugh as usual? Honestly,you shouldn't be arguing with me on this.

The matter will be decided on the amount of errors pointed out in the judhment or the weight of the errors.matters raised by lawyers in court and ignored by judges will be key not bringing entirely new things that were never canvassed like agabi is doing

Dansuqi:

When me and ejimatic were hammering on how fatal the absence of the judge will be,did you not laugh as usual? Honestly,you shouldn't be arguing with me on this.

The matter will be decided on the amount of errors pointed out in the judhment or the weight of the errors.matters raised by lawyers in court and ignored by judges will be key not bringing entirely new things that were never canvassed like agabi is doing

Hian.....did I not laugh as usual?
I don't think you encountered this moniker during the Osun case....

We can go on and on.....let's watch them do their jobs and hope the Judges uphold their unbiasedness.

March 02....for Imo & Zamfara is already here. Bayelsa hopefully will follow soon enough.

It is a joint ticket so to me APC is fighting a lost battle.

fergie001:

Hian.....did I not laugh as usual?
I don't think you encountered this moniker during the Osun case....

We can go on and on.....let's watch them do their jobs and hope the Judges uphold their unbiasedness.

March 02....for Imo & Zamfara is already here. Bayelsa hopefully will follow soon enough.

Arsenal and wolves giving me joy

Dansuqi:

Arsenal and wolves giving me joy

Wolves is everyone's favourite....their football is made in Portugal.

fergie001:

Wolves is everyone's favourite....their football is made in Portugal.

They should have ended liverpool's unbeaten run

Dansuqi:

He's the greatest electoral lawyer

That man nah winch when it is electoral matter,He's damn too good when it comes to electoral matter.let's wait and see if he will pull this one too.

Dansuqi:

They should have ended liverpool's unbeaten run

EPL is gone....ucl is where all eyes are at now.

fergie001:

EPL is gone....ucl is where all eyes are at now.

The issues formulated for determination are?
In disqualifying degi,was a consequential order made by justice ekwo in also disqualifying lyon? This is key as the supreme court claimed to simply affirm his ruling.

Can it be determined that lyon's lawyers requested to call witnesses from issuing authoritiez and the courts denied the request? This amounts to denial of fair hearing which is condemnable universally.this is very crucial and may make the difference?
Did the judges speculate and assumed based on documentary evidences without hearing from witnesses vica voce? Did they shop for evidences for pdp?

fergie001:

Ya, we are talking about the review.

Why did they drop him?

Dansuqi:

The issues formulated for determination are?
In disqualifying degi,was a consequential order made by justice ekwo in also disqualifying lyon? This is key as the supreme court claimed to simply affirm his ruling.

Can it be determined that lyon's lawyers requested to call witnesses from issuing authoritiez and the courts denied the request? This amounts to denial of fair hearing which is condemnable universally.this is very crucial and may make the difference?
Did the judges speculate and assumed based on documentary evidences without hearing from witnesses vica voce? Did they shop for evidences for pdp?

See, talk about the technicalities around Lyon. It's a shame for me to discuss about someone who chameleonically was obtaining names and not knowing that only the institutions can alter certifications.

Only those who forged their certificates discuss Degi. I will not, he should at least have some modicum of shame on him. Stick to the technicalities around Lyon's disqualification.

That was why I asked if you had seen the full judgement of Ekwo. I might get it tomorrow.

tinsel:

Why did they drop him?

The same reason Olanipekun was called in, to handle this one.

These reviews need heavyweights.

fergie001:


See, talk about the technicalities around Lyon. It's a shame for me to discuss about someone who chameleonically was obtaining names and not knowing that only the institutions can alter certifications.

Only those who forged their certificates discuss Degi. I will not, he should at least have some modicum of shame on him. Stick to the technicalities around Lyon's disqualification.

I and wole are doing same but the foundation flows from degi.look at this below



It stated: “After reinstating the judgment of the trial court in the judgment of this honourobie court of the 13th February, 2020, in SC.1/2020 Peoples Democratic Party (PDP) & 2 Ors. v. Biobarakuma Degi-Eremienyo & 3 ors., this honourable court proceeded to disqualify the governorship candidate of the applicant (Lyon David Pereworimin) despite the fact that the trial High Court refused to grant the reliefs for his disqualification and there was no appeal against same.

“In this honourable court’s judgment of 13th February, 2020, the court erroneously and inadvertently stated that the trial High Court consequentially disqualified the applicant‘s governorship candidate even though the trial court made no such order and when the trial court indeed refused to grant the express orders sought by the plaintiffs therein for his disqualification.”

Dansuqi:

I and wole are doing same but the foundation flows from degi.look at this below



It stated: “After reinstating the judgment of the trial court in the judgment of this honourobie court of the 13th February, 2020, in SC.1/2020 Peoples Democratic Party (PDP) & 2 Ors. v. Biobarakuma Degi-Eremienyo & 3 ors., this honourable court proceeded to disqualify the governorship candidate of the applicant (Lyon David Pereworimin) despite the fact that the trial High Court refused to grant the reliefs for his disqualification and there was no appeal against same.

“In this honourable court’s judgment of 13th February, 2020, the court erroneously and inadvertently stated that the trial High Court consequentially disqualified the applicant‘s governorship candidate even though the trial court made no such order and when the trial court indeed refused to grant the express orders sought by the plaintiffs therein for his disqualification.”

Hahahahahahaha................. Until I read the full judgement of the FHC, I won't comment.

I have never commented on Imo or on Zamfara for once.