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Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction - Politics (11) - Nairaland

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Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Mires: 11:12am On Feb 23, 2020
I like Falana for one thing like one of my Profs do tell us those days during our PhD classes. "If you want to be relevant, after obtaining PhD, where something is convincingly correct and the generality of the people in a conference agree that it is correct, take a different stand on the issue and be bold to tell them that it s wrong. With that, they will leave the conference but they will never forget you"

3 Likes

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 11:12am On Feb 23, 2020
Lostz:
it is nonsense to you but that is the law
Oga,the effect of that law is 140 as i posted
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Nobody: 11:14am On Feb 23, 2020
Dansuqi:

Oga,the effect of that law is 140 as i posted
140 talks about nullification of an election; in the case of bayelsa election was not in dispute

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Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 11:14am On Feb 23, 2020
fergie001:

Please post the AC ruling here.
Check umeh vs ekwunife 2016
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by fergie001: 11:15am On Feb 23, 2020
Dansuqi:


This is a big lie.actually it was never taken up or appealed.during the osun guber case,the inec lawyer stated that a full panel of the supreme court upheld that section and i saw no dissent.cast your mind back
But you also said AC ruled on that and I edited to say SC ruled on that nah....post the AC ruling here.

Are you in other words saying,since it wasn't taken up....it is inconsequential?

Are you also saying that the CJN was wrong by not following same provisions of Section 140 on Zamfara?
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by fergie001: 11:15am On Feb 23, 2020
Dansuqi:

Check umeh vs ekwunife 2016
Abeg post am...
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by fergie001: 11:16am On Feb 23, 2020
Dansuqi:

Oga,it was Gabriel kolawole not Joseph oyewole
Thank you.....don't ever call him a rogue judge pls?
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 11:16am On Feb 23, 2020
Lostz:
140 talks about nullification of an election; in the case of bayelsa election was not in dispute
So which law explicitly takes care of disq? You cannot build something on nothing
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 11:17am On Feb 23, 2020
fergie001:

Thank you.....don't ever call.him a good rogue judge pls?
Ok,since you got his name wrong,your entire foundation and argument is null and void.by the way,he's not at the appeal court
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by ChristianNorth: 11:18am On Feb 23, 2020
Dansuqi:

It is easier to reverse bayelsa actually.infact the reversal of imo will automatically lead to that of bayslsa
You APC guys are just funny
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 11:19am On Feb 23, 2020
fergie001:

Abeg post am...
You are good in that so do so
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 11:19am On Feb 23, 2020
ChristianNorth:

You APC guys are just funny
We were in osun na.bayelsa can't go like that.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by fergie001: 11:20am On Feb 23, 2020
Dansuqi:

Check umeh vs ekwunife 2016
Please post.......am still waiting.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Nobody: 11:23am On Feb 23, 2020
Dansuqi:

So which law explicitly takes care of disq? You cannot build something on nothing


Section 187
“(1) In any election to which the foregoing provisions of this part of this Chapter relate, a candidate for the office of Governor of a State shall not be deemed to have been validly nominated for such office unless he nominates another candidate as his associate for his running for the office of Governor, who is to occupy the office of Deputy Governor; and that candidate shall be deemed to have been duly elected to the office of Deputy Governor if the candidate who nominated him is duly elected as Governor in accordance with the said provisions.
(2) The provisions of this Part of this Chapter relating to qualification for election, tenure of office, disqualifications, declaration of assets and liabilities and Oath of Governor shall apply in relation to the office of Deputy Governor as if references to Governor were references to Deputy Governor.


this law ; as always interpreted by supreme Court Justice .
legal precedent also take care of this; Zamfara case

1 Like

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by MisterGrace: 11:24am On Feb 23, 2020
Fasindo:
shocked











Mtchew!!!


Falana should focus on how to win El Zakyzaky case that he abandoned nd leave bayelsa election matter, he is not vast in law more than d 5 supreme court justices that delivered the case.

Just because he manage to win Sowore case he now thinks he is more vast than anybody in law

You talk too much.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 11:28am On Feb 23, 2020
fergie001:

Please post.......am still waiting.
Continue waiting
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Nobody: 11:29am On Feb 23, 2020
Dansuqi:
We were in osun na.bayelsa can't go like that.
what about Cross River?
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by fergie001: 11:29am On Feb 23, 2020
Lostz:



Section 187
“(1) In any election to which the foregoing provisions of this part of this Chapter relate, a candidate for the office of Governor of a State shall not be deemed to have been validly nominated for such office unless he nominates another candidate as his associate for his running for the office of Governor, who is to occupy the office of Deputy Governor; and that candidate shall be deemed to have been duly elected to the office of Deputy Governor if the candidate who nominated him is duly elected as Governor in accordance with the said provisions.
(2) The provisions of this Part of this Chapter relating to qualification for election, tenure of office, disqualifications, declaration of assets and liabilities and Oath of Governor shall apply in relation to the office of Deputy Governor as if references to Governor were references to Deputy Governor.


this law ; as always interpreted by supreme Court Justice .
legal precedent also take care of this; Zamfara case
Repeatedly, I have told him.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 11:29am On Feb 23, 2020
Lostz:



Section 187
“(1) In any election to which the foregoing provisions of this part of this Chapter relate, a candidate for the office of Governor of a State shall not be deemed to have been validly nominated for such office unless he nominates another candidate as his associate for his running for the office of Governor, who is to occupy the office of Deputy Governor; and that candidate shall be deemed to have been duly elected to the office of Deputy Governor if the candidate who nominated him is duly elected as Governor in accordance with the said provisions.
(2) The provisions of this Part of this Chapter relating to qualification for election, tenure of office, disqualifications, declaration of assets and liabilities and Oath of Governor shall apply in relation to the office of Deputy Governor as if references to Governor were references to Deputy Governor.


this law ; as always interpreted by supreme Court Justice .
legal precedent also take care of this; Zamfara case

The supreme court can make mistakes as they have admitted.it is not a sound interpretation.This one is better and more clearer.take it.


Section 140of the PrincipalAct is amended-
Deletion of section
134 of the Prindpal
Act.
(a) in the marginal note, by substituting for the word "Notification"
"Nullification";
Amendment of
section 140 of the
the word Principal Act.
(b) by substituting for subsection (2) a new subsection"(2)"-
"(2) Where an election tribunal or court nullifies an election on the ground that the
person who obtained the highest votes at the election was not qualified to contest the
election, or that the election was marred by substantial irregularities or non-compliance
with the provisions of this Act, the election tribunal or court shall not declare the
person with the second highest votes or any other person as elected, but shall order
for a fresh election"; and
(c) by deleting subsection(4)
Section 144of the PrincipalAct is amended-
(a) by substituting for subsection (t), a new subs
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 11:30am On Feb 23, 2020
Lostz:
what about Cross River?
Did apc win there
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by fergie001: 11:31am On Feb 23, 2020
Dansuqi:

Continue waiting
Hahaha.......because you know there is nothing in that judgement. grin grin

But you were quick to post Section 140...... grin
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 11:36am On Feb 23, 2020
fergie001:

Repeatedly, I have told him.
I dun tire.but before i sign out,am sure you know that globally the law esp electoral law places the interest of the masses or majority first before anything.popular mandate,fundamental rights and right to fair hearing are very germane issues in any court.the electorate must always be allowed to choose whoever they want as many times.the intendment of the law is never to crown a loser winner,it defeats the purpose of democracy and election.or the courts can then conduct elections or just declare winners.feel the pulse,follow the trend in the polity.they will be a reversal one way or the other..it is on the interest of justice.the law cannot operars in a vacuum where there are no inhabitants
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 11:38am On Feb 23, 2020
fergie001:

Hahaha.......because you know there is nothing in that judgement. grin grin

But you were quick to post Section 140...... grin
So the appeal court at no point removed ekwunife and declared a rerun? The amnesia is more than mild
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Nobody: 11:40am On Feb 23, 2020
Dansuqi:


The supreme court can make mistakes as they have admitted.it is not a sound interpretation.This one is better and more clearer.take it.


Section 140of the PrincipalAct is amended-
Deletion of section
134 of the Prindpal
Act.
(a) in the marginal note, by substituting for the word "Notification"
"Nullification";
Amendment of
section 140 of the
the word Principal Act.
(b) by substituting for subsection (2) a new subsection"(2)"-
"(2) Where an election tribunal or court nullifies an election on the ground that the
person who obtained the highest votes at the election was not qualified to contest the
election, or that the election was marred by substantial irregularities or non-compliance
with the provisions of this Act, the election tribunal or court shall not declare the
person with the second highest votes or any other person as elected, but shall order
for a fresh election"; and
(c) by deleting subsection(4)
Section 144of the PrincipalAct is amended-
(a) by substituting for subsection (t), a new subs
the supreme Court interpret any law as they see it.


this your section 140 talks about when an election is nullified in the tribunal. not when a candidate is disqualified.

1. bayelsa election is not in dispute.
2. no one has even approached tribunal to point out any fault in bayelsa election
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Nobody: 11:42am On Feb 23, 2020
Dansuqi:

So the appeal court at no point removed ekwunife and declared a rerun? The amnesia is more than mild
in ekwunife case there was no legally recognized election.
2. PDP did not legally nominate any candidate; according to the court
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Nobody: 11:44am On Feb 23, 2020
fergie001:

Repeatedly, I have told him.
you know senatordave love argument. in days like this when you are not busy, you engage him; so he know he is wrong.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Nobody: 11:45am On Feb 23, 2020
Dansuqi:
Did apc win there
is bayelsa your state? try and bring APC to your state
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 11:47am On Feb 23, 2020
Lostz:
is bayelsa your state? try and bring APC to your state
Fergie? I should have known
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Agboriotejoye(m): 11:48am On Feb 23, 2020
fergie001:

It is the Appeal Court that should first have done that before giving their decisions.

Perhaps, the law should also look at "stay of execution" more dispassionately.
But the case was at the appeal court before elections held. There's no way the appeal court could have determined if any party would decide to proceed to the supreme court.

A stay of execution at which level precisely?
If it was at appeal stage, it will still hurt APC since the trial court ruled them out of the election. That would mean even if the supreme court now upheld the decision of the appeal court, it will be a moot case since election has already held before supreme court gave its verdict.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 11:48am On Feb 23, 2020
Lostz:

in ekwunife case there was no legally recognized election.
2. PDP did not legally nominate any candidate; according to the court
And in bayelsa apc legally nominated a candidate?
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 11:49am On Feb 23, 2020
Agboriotejoye:

But the case was at the appeal court before elections held. There's no way the appeal court could have determined if any party would decide to proceed to the supreme court.

A stay of execution at which level precisely?
If it was at appeal stage, it will still hurt APC since the trial court ruled them out of the election. That would mean even if the supreme court now upheld the decision of the appeal court, it will be a moot case since election has already held before supreme court gave its verdict.
Apc appealed before the elections
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by fergie001: 11:51am On Feb 23, 2020
Dansuqi:

I dun tire.but before i sign out,am sure you know that globally the law esp electoral law places the interest of the masses or majority first before anything.popular mandate,fundamental rights and right to fair hearing are very germane issues in any court.the electorate must always be allowed to choose whoever they want as many times.the intendment of the law is never to crown a loser winner,it defeats the purpose of democracy and election.or the courts can then conduct elections or just declare winners.feel the pulse,follow the trend in the polity.they will be a reversal one way or the other..it is on the interest of justice.the law cannot operars in a vacuum where there are no inhabitants
Story....

Globally, all over the world when political parties refuse to do the fight thing, they are punished for their profligacy. You cannot build something on nothing. This is a lesson that must be taught to political parties so that they will learn how to do the right thing. Obviously, the our political parties (esp the ruling party) didn't learn from Zamfara.
I also remember that this same APC brought same case against Sen. Adeleke of Osun praying the Courts to remove him, it was defeated as he had a valid proof of affidavit.

The SC had stated in an earlier case:
SALEH VS. ABAH (2018) ALL FWLR (PART 933) Page 944

"…Allowing criminality and certificate forgery to continue to percolate into the streams, waters and oceans of our national polity would only mean our waters are and will remain dangerously contaminated. The purification efforts must start now, and be sustained as we seek, as a nation, to now change from our old culture of reckless impunity. The Nigerian Constitution is supreme...."

As long as APC (or any other party) refuse to learn, the SC will continue to sanitise. The Bayelsa case is an apt decision taken by the learned Jurists. The CJN cannot alter his own clear judgement in Zamfara....let alone Bayelsa.

I align completely with the Bayelsa judgement.

Let political parties learn to do the right thing.


Peace Out

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