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Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction - Politics (19) - Nairaland

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Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Agboriotejoye(m): 10:26am On Feb 24, 2020
JusticeSeeker:
NOT even INEC has the power cancel a polling unit result after been declared by a presiding officer.
Well... The presiding officers never declared results. They cancelled the results based on over-voting and violence.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Agboriotejoye(m): 10:27am On Feb 24, 2020
Dansuqi:


Agboriotejoye read this
I have read it and responded appropriately.
Agboriotejoye:

It was an error of judgement. Even in the judgement, she made mention of the inec official who testified and the incidence forms he brought filled by the presiding officers for each polling unit, then went forward to claim that they never contested that elections held. So what were the incidence forms for? The duplicates were not certified. The act she quoted said a duplicate can replace the original not that it needs not be certified. The judgement was an error.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 11:28am On Feb 24, 2020
Agboriotejoye:

INEC did file a cross petition. Same with ihedioha at trial. You're not conversant with the case. Go and read about it. Besides, if INEC is empowered to conduct elections and declare results, they are also empowered to cancel elections which is what they did. Incidence forms are part of electoral guidelines which are recognised by law. INEC said there were no elections to begin with. Not to talk of results.
Keep quiet and learn.incidence forms are inferior to result sheets.the cross appeal pdp filed were at the appeal and supreme court and it was not in connection with the 388 results.since you cannot obey or recognize simple laws,it is a waste of time.you can see how others that tried arguing ended up insulting you.you are impossible and cannot be reason with
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 11:52am On Feb 24, 2020
Agboriotejoye:

I keep saying you're not conversant with the case. If the results were signed by inec officials why were they now described as not certified?

What high court affirmed hope's candidacy? Did the high court vacate the order given by the federal high court to nwosu that APC should not submit any other name apart from his own? That's the only subsisting court order on the matter. You can show us the one affirming hope's candidacy if you indeed have it.

Here's a copy of the SC judgement affirming that only APC polling agents signed the results sheets

AN Abuja High Court on Wednesday recognized Senator Hope Uzodinma as the candidate of the party for the 2019 Imo governorship election.
The court, which was presided over by Justice O.A Musa said that the Independent National Electoral Commission (INEC) must also recognize only Uzodinma as the governorship candidate in the 2019 election.
Justice O. A. Musa who gave the restraining order on Tuesday, also restrained INEC (2nd Respondent) in the case from processing or publishing the “name of any other person other than Senator Hope Uzodimma from the All Progressives Congress (APC) as the gubernatorial candidate for Imo State Governorship election for 2019” pending the determination of the substantive suit on the matter.
Uzodimma through his lawyer, Joe Agi (SAN) had approached the court seeking an order to restrain the All Progressives Congress (APC) from conducting a fresh or re-conducting another primary for the Imo State Gubernatorial primaries and INEC from monitoring or purporting to monitor any fresh primaries or re-conducted primaries by the APC in Imo State Gubernatorial Election pending the hearing and determination of the motion on notice before the Court.
Other reliefs sought by Senator Hope Uzodimma include:
An order directing the APC to forward his name (Uzodimma) to INEC as the Gubernatorial Candidate for Imo State Governorship Election for 2019.
An order restraining INEC from continuing to process or publish any other person’s name except the name Senator Hope Uzodimma; and an order for accelerated hearing on the matter.
In his affidavit in support of the motion exparte, the claimant (Uzodimma) averred that he was declared the winner of the Imo State APC gubernatorial primaries which were conducted on October 1, 2018, but shortly after he was declared the winner, “the National Chairman of the APC issued a press statement on the 3rd October 2018 purporting to cancel the primaries and re-conducting a fresh one.”
He added that none of the contestants in the election protested the result as declared by the returning officer “but rather six out of the nine contestants (Aspirants) confirmed that the primaries held and were free and fair.”
The Plaintiff noted in its affidavit that noted that the electoral guidelines do not give the National Chairman of the APC or the National Working Committee (NWC) to interfere with the electoral process; and that “out of the nine contestants (Aspirants) six agreed that there was an election and I (Uzodimma) won.”
He further averred that in the absence of an appeal, no organ of the party can cancel the result of primaries. He said failure of the Court to grant the order, “irreparable damage will be done to me.”
The Court has fixed October 16, 2018, for definite hearing of the matter.
It would be recalled that five of the governorship aspirants declared support for Senator Hope Uzodinma as winner of the Imo State governorship primaries conducted on Oct. 1 by the Ahmed Gulak Election Committee.
https://www.tribuneonlineng.com/168395/

That is for hope uzodinma.

.the supreme court did not affirm thst only apc agents signed the results.you did not read the piece well.it said learned senior counsel that is lawyer to pdp averred that result sheets were not signed.it is what we called pre judgment summary or reading,it is not her judgment.it is not everything contained in a judgment that is actually the judgment,always read carefully.before judges give their judgment,they read out all the prayers and claims of the two lawyers and then decide.
It was a mere allegation from pdp that remained unproven.scroll down and you will see her actual judgment.again,I've defeated you
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 11:59am On Feb 24, 2020
Agboriotejoye:

I have read it and responded appropriately.
The error is from you not her.she s a seasoned judge in election matters unlike you that is starting this year.a duplicate given to parties and the original held by inec are the same thing and accorded the same benefits.challenging results in an election result sheet is a difficult task and pdp failed to discharge it and time has elapse
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Agboriotejoye(m): 12:00pm On Feb 24, 2020
Dansuqi:

Keep quiet and learn.incidence forms are inferior to result sheets.the cross appeal pdp filed were at the appeal and supreme court and it was not in connection with the 388 results.since you cannot obey or recognize simple laws,it is a waste of time.you can see how others that tried arguing ended up insulting you.you are impossible and cannot be reason with
You can also go to hell. You're partisan and that is your undoing. Incidence forms are filled when irregularities occur in an election. The question of superiority or otherwise do not arise. They are not a supplement for each other so what's the meaning of inferior in this matter. Where elections are cancelled, there will be no results and incidence forms will be filled detailing why the elections were cancelled. So, what does inferiority have to do in the matter. The 388 results can only exist if elections were free and fair and not cancelled. Well... They were cancelled.
If you want to talk about superiority, you'll talk about the original and duplicates not two separate forms serving different purposes
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Agboriotejoye(m): 12:03pm On Feb 24, 2020
Dansuqi:

The error is from you not her.she s a seasoned judge in election matters unlike you that is starting this year.a duplicate given to parties and the original held by inec are the same thing and accorded the same benefits.challenging results in an election result sheet is a difficult task and pdp failed to discharge it and time has elapse
It's obvious that the body that's suppose to have the original and give out duplicates say such does not exist. The duplicates are also not signed by anybody but APC agents. They cannot replace inec presiding officers. She relied on a law that says duplicate can replace original. But that's under the assumption that the duplicate was issued along with the original but here, INEC says there's no original.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Agboriotejoye(m): 12:08pm On Feb 24, 2020
Dansuqi:


AN Abuja High Court on Wednesday recognized Senator Hope Uzodinma as the candidate of the party for the 2019 Imo governorship election.
The court, which was presided over by Justice O.A Musa said that the Independent National Electoral Commission (INEC) must also recognize only Uzodinma as the governorship candidate in the 2019 election.
Justice O. A. Musa who gave the restraining order on Tuesday, also restrained INEC (2nd Respondent) in the case from processing or publishing the “name of any other person other than Senator Hope Uzodimma from the All Progressives Congress (APC) as the gubernatorial candidate for Imo State Governorship election for 2019” pending the determination of the substantive suit on the matter.
Uzodimma through his lawyer, Joe Agi (SAN) had approached the court seeking an order to restrain the All Progressives Congress (APC) from conducting a fresh or re-conducting another primary for the Imo State Gubernatorial primaries and INEC from monitoring or purporting to monitor any fresh primaries or re-conducted primaries by the APC in Imo State Gubernatorial Election pending the hearing and determination of the motion on notice before the Court.
Other reliefs sought by Senator Hope Uzodimma include:
An order directing the APC to forward his name (Uzodimma) to INEC as the Gubernatorial Candidate for Imo State Governorship Election for 2019.
An order restraining INEC from continuing to process or publish any other person’s name except the name Senator Hope Uzodimma; and an order for accelerated hearing on the matter.
In his affidavit in support of the motion exparte, the claimant (Uzodimma) averred that he was declared the winner of the Imo State APC gubernatorial primaries which were conducted on October 1, 2018, but shortly after he was declared the winner, “the National Chairman of the APC issued a press statement on the 3rd October 2018 purporting to cancel the primaries and re-conducting a fresh one.”
He added that none of the contestants in the election protested the result as declared by the returning officer “but rather six out of the nine contestants (Aspirants) confirmed that the primaries held and were free and fair.”
The Plaintiff noted in its affidavit that noted that the electoral guidelines do not give the National Chairman of the APC or the National Working Committee (NWC) to interfere with the electoral process; and that “out of the nine contestants (Aspirants) six agreed that there was an election and I (Uzodimma) won.”
He further averred that in the absence of an appeal, no organ of the party can cancel the result of primaries. He said failure of the Court to grant the order, “irreparable damage will be done to me.”
The Court has fixed October 16, 2018, for definite hearing of the matter.
It would be recalled that five of the governorship aspirants declared support for Senator Hope Uzodinma as winner of the Imo State governorship primaries conducted on Oct. 1 by the Ahmed Gulak Election Committee.
https://www.tribuneonlineng.com/168395/

That is for hope uzodinma.

.the supreme court did not affirm thst only apc agents signed the results.you did not read the piece well.it said learned senior counsel that is lawyer to pdp averred that result sheets were not signed.it is what we called pre judgment summary or reading,it is not her judgment.it is not everything contained in a judgment that is actually the judgment,always read carefully.before judges give their judgment,they read out all the prayers and claims of the two lawyers and then decide.
It was a mere allegation from pdp that remained unproven.scroll down and you will see her actual judgment.again,I've defeated you
Well, it's obvious that there are conflicting judgements now. So, it still shows that hope's candidacy is not fully recognised. Besides, even the supreme court recognised nwosu as validity nominated APC candidate hence why he was disqualified.

The results were not signed. Even the judgement recognised that. That's why she held that since it's a duplicate, it need not be certified though she was wrong. She quoted that evidence act wrongly.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 12:24pm On Feb 24, 2020
Agboriotejoye:

You can also go to hell. You're partisan and that is your undoing. Incidence forms are filled when irregularities occur in an election. The question of superiority or otherwise do not arise. They are not a supplement for each other so what's the meaning of inferior in this matter. Where elections are cancelled, there will be no results and incidence forms will be filled detailing why the elections were cancelled. So, what does inferiority have to do in the matter. The 388 results can only exist if elections were free and fair and not cancelled. Well... They were cancelled.
If you want to talk about superiority, you'll talk about the original and duplicates not two separate forms serving different purposes
Once results are entered in result sheets,it means that elections held.incidence forms came alongside the card readers.both are not recognized by the electoral act.the electoral act has provided ways in which to prove none holding of elections and incidence forms is not part of it.
By the way you are even more partisan than me.you cant even hide it
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 12:32pm On Feb 24, 2020
Agboriotejoye:

Well, it's obvious that there are conflicting judgements now. So, it still shows that hope's candidacy is not fully recognised. Besides, even the supreme court recognised nwosu as validity nominated APC candidate hence why he was disqualified.

The results were not signed. Even the judgement recognised that. That's why she held that since it's a duplicate, it need not be certified though she was wrong. She quoted that evidence act wrongly.
The judgment did not recognize that form ec8as were not signed,the judge was only re-echoing what apc and pdp presented in their briefs.stop embarrassing yourself,people are taking note.accept the truth and move on.

There is no conflicting judgment on hope's candidacy.i have posted a judgment recognising him,you have failed to tender yours.this is how pdp lawyers fumble at the court.
Even if there is another conflicting judgment confirming nwosu,it is from a high court which is of coordinate jurisdiction.both judgments have nullified each other meaning that the status quo as of when there was no judgment remains.the status quo was apc recognizing uzodinma and there was no appeal and by the time the supreme court ruled,it was statute barred.
Your case and that of pdp is bound to fail and it has failed
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 12:42pm On Feb 24, 2020
Agboriotejoye:

It's obvious that the body that's suppose to have the original and give out duplicates say such does not exist. The duplicates are also not signed by anybody but APC agents. They cannot replace inec presiding officers. She relied on a law that says duplicate can replace original. But that's under the assumption that the duplicate was issued along with the original but here, INEC says there's no original.

You have contradicted yourself.for there to be duplicate,there must be originals.inec failed to convince the courts about the non existence of the original.two copies exist which are that of apc and police and the courts will go with that.
No proof exist that the results were not duke signed,you have copies of the result,why not post it here?
The judge followed a law that treats both original and duplicate as one.no other law was quoted by pdp or inec to counter that law.even if we are assuming,the purpose of duplicate copies is a safeguard against the original.once the original is missing,we simply use the duplicate.it simply fulfilled its duties
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Agboriotejoye(m): 12:47pm On Feb 24, 2020
Dansuqi:

Once results are entered in result sheets,it means that elections held.incidence forms came alongside the card readers.both are not recognized by the electoral act.the electoral act has provided ways in which to prove none holding of elections and incidence forms is not part of it.
By the way you are even more partisan than me.you cant even hide it
Results were entered by who? INEC who are given the power to enter result said they didn't write result and that elections were cancelled. They are the only body approved by law to write results. If they say they didn't write it and their agents did not sign it, then it's not from them simple. Result is not a poem to be written by whoever feels like. Incidence forms are recognised by inec guidelines. Inec got those guidelines from the electoral act. As long as it's not in conflict with the electoral act, it's valid.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 12:49pm On Feb 24, 2020
Agboriotejoye:

Results were entered by who? INEC who are given the power to enter result said they didn't write result and that elections were cancelled. They are the only body approved by law to write results. If they say they didn't write it and their agents did not sign it, then it's not from them simple. Result is not a poem to be written by whoever feels like. Incidence forms are recognised by inec guidelines. Inec got those guidelines from the electoral act. As long as it's not in conflict with the electoral act, it's valid.
What did the supreme court say about card readers and inec manual guidelines?
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Agboriotejoye(m): 12:51pm On Feb 24, 2020
Dansuqi:

The judgment did not recognize that form ec8as were not signed,the judge was only re-echoing what apc and pdp presented in their briefs.stop embarrassing yourself,people are taking note.accept the truth and move on.

There is no conflicting judgment on hope's candidacy.i have posted a judgment recognising him,you have failed to tender yours.this is how pdp lawyers fumble at the court.
Even if there is another conflicting judgment confirming nwosu,it is from a high court which is of coordinate jurisdiction.both judgments have nullified each other meaning that the status quo as of when there was no judgment remains.the status quo was apc recognizing uzodinma and there was no appeal and by the time the supreme court ruled,it was statute barred.
Your case and that of pdp is bound to fail and it has failed
Go and find out the meaning of a certificate not being certified. The judge agreed that the duplicates were not certified but claimed they need not be since they were duplicates.

Go back and read the judgement links I posted for you. It's even a link here on Nairaland. I've never heard were two conflicting judgements lead to status quo. It's an abuse of court process and the latter judgement should not have been given. Besides, how do you decide status quo? Is it that oshiomole can go ahead and hold another primary as hope claimed, or that nwosu is the validly nominated candidate as his own court order claimed? Be guided this man.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Agboriotejoye(m): 12:58pm On Feb 24, 2020
Dansuqi:


You have contradicted yourself.for there to be duplicate,there must be originals.inec failed to convince the courts about the non existence of the original.two copies exist which are that of apc and police and the courts will go with that.
No proof exist that the results were not duke signed,you have copies of the result,why not post it here?
The judge followed a law that treats both original and duplicate as one.no other law was quoted by pdp or inec to counter that law.even if we are assuming,the purpose of duplicate copies is a safeguard against the original.once the original is missing,we simply use the duplicate.it simply fulfilled its duties
Go and read the judgement. The judge agreed they weren't signed by INEC. That in itself makes it a forgery. A forged document can have no original. We have such cases with oluwole waec certificates. They have no original. They are fake. You can also tell us who declared the originals missing. Except you want to accuse INEC of conniving with Ihedioha and throwing away the original, to all intents and purposes, we have to believe what iNEC said that the results did not emanate from them.

Even in the case of buhari were the original is missing, it was waec who came and certified the copy not buhari. What supreme court is claiming is buhari could have also just went to a printer and print a duplicate since the original is missing.
The law she quoted never said the duplicate need not be certified. She decided that one by herself to reach a predetermined end.

Go and get the copies from uzodinma. He's your friend. He has everything.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Agboriotejoye(m): 1:01pm On Feb 24, 2020
Dansuqi:

What did the supreme court say about card readers and inec manual guidelines?
Supreme court said card readers are not recognised by the electoral act and cannot replace the manual register. The incidence form were never under contention.
You can tell me what SC said about inec manual
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 2:23pm On Feb 24, 2020
Agboriotejoye:

[b]Supreme court said card readers are not recognised by the electoral act and cannot replace the manual register. [/b]The incidence form were never under contention.
You can tell me what SC said about inec manual
The bolded extends to incidence forms which came out alongside card readers.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Agboriotejoye(m): 2:43pm On Feb 24, 2020
Dansuqi:

The bolded extends to incidence forms which came out alongside card readers.
That is so not true. The judgement was given against card readers because election in Nigeria is a manual process. That's what the constitution says. Incidence form is not electronic so how does that judgment affect it?
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by wwwihy: 3:15pm On Feb 24, 2020
Agboriotejoye:

That is so not true. The judgement was given against card readers because election in Nigeria is a manual process. That's what the constitution says. Incidence form is not electronic so how does that judgment affect it?

1 Like

Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 3:16pm On Feb 24, 2020
Agboriotejoye:

Go and read the judgement. The judge agreed they weren't signed by INEC. That in itself makes it a forgery. A forged document can have no original. We have such cases with oluwole waec certificates. They have no original. They are fake. You can also tell us who declared the originals missing. Except you want to accuse INEC of conniving with Ihedioha and throwing away the original, to all intents and purposes, we have to believe what iNEC said that the results did not emanate from them.

Even in the case of buhari were the original is missing, it was waec who came and certified the copy not buhari. What supreme court is claiming is buhari could have also just went to a printer and print a duplicate since the original is missing.
The law she quoted never said the duplicate need not be certified. She decided that one by herself to reach a predetermined end.

Go and get the copies from uzodinma. He's your friend. He has everything.
Stop deceiving yourself man.no judge agreed that copies were not signed.post the parts of the judgment were the judges admitted that results were not duly signed firstly.
Secondly,inec are alleging forgery by uzodinma therefore they must be proven beyond doubt like in the bayelsa case.ofvourse we are accusing inec of colluding with ihefioha since most adhoc stuffs were from mbaise.inec can only be believed if they 0rove themselves beyond doubt.
The case of atiku and buhari cannot apply here because atiku never said buhari forged his certificates.his prayers were that buhari did not submit copies of his results to inec and that buhari does not possess the qualifications he claimed to have in form cf001.

Since you claimed that she misinterpreted the evidence law,please post it here let us carefully scrutinize it.until then,you lose
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 3:21pm On Feb 24, 2020
Agboriotejoye:

That is so not true. The judgement was given against card readers because election in Nigeria is a manual process. That's what the constitution says. Incidence form is not electronic so how does that judgment affect it?
It affects it because it works with card readers,it is an extension of it,a corollary.it is used when card readers fail.it cannot stand.it is tied to the card reader.give up before you become a laughing stock
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Agboriotejoye(m): 4:21pm On Feb 24, 2020
Dansuqi:

Stop deceiving yourself man.no judge agreed that copies were not signed.post the parts of the judgment were the judges admitted that results were not duly signed firstly.
Secondly,inec are alleging forgery by uzodinma therefore they must be proven beyond doubt like in the bayelsa case.ofvourse we are accusing inec of colluding with ihefioha since most adhoc stuffs were from mbaise.inec can only be believed if they 0rove themselves beyond doubt.
The case of atiku and buhari cannot apply here because atiku never said buhari forged his certificates.his prayers were that buhari did not submit copies of his results to inec and that buhari does not possess the qualifications he claimed to have in form cf001.

Since you claimed that she misinterpreted the evidence law,please post it here let us carefully scrutinize it.until then,you lose
If you have a problem with English I can't help you further. I don't know maybe you can't read the parts I posted before, I really can't help you. After I showed you in the judgement that PDP raised that they were not certified, you said it's PDP's argument and not a position accepted by the judge. I then showed you were the judge agreed they were not certified but quoted evidence act to show they don't need to be certified. So what else do you want? It's obvious you're being willingly blind and unfortunately, I don't do miracles. Even from media reports the said result sheets contain only results for PDP and APC to the exclusion of the remaining 68 parties. But i'm sure you're not aware of that as well.
I like the fact you are now accusing inec of colluding with an opposition party. It brings everything down for you unfortunately. If INEC can collude with PDP, how can it not be that our very corrupt police can't collude with APC to present fake results given their antecedents and the fact that the subpoena did not even follow the right process? Even the result sheets presented by the police were 366 instead of 388.

In the case of Buhari, I hope you are aware Buhari submitted a waec certificate carrying his picture and a name of "Mohammed" instead of "Muhammadu" is that not a clear case of forgery in dis matter?

I'm not pasting anything for you again bros. You can paste them yourself since you're so sure.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Agboriotejoye(m): 4:24pm On Feb 24, 2020
Dansuqi:

It affects it because it works with card readers,it is an extension of it,a corollary.it is used when card readers fail.it cannot stand.it is tied to the card reader.give up before you become a laughing stock

It is not an extension of card reader. It serves a different purpose of recording events that occur during election not just for card reader failure. It's like a report sheet. Card reader is for accreditation. Incidence form plays no role in accreditation. You're confused.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 5:07pm On Feb 24, 2020
Agboriotejoye:


It is not an extension of card reader. It serves a different purpose of recording events that occur during election not just for card reader failure. It's like a report sheet. Card reader is for accreditation. Incidence form plays no role in accreditation. You're confused.
Was there incidence forms before 2015 polls or not?
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by kahal29: 5:09pm On Feb 24, 2020
Dansuqi:

Stop deceiving yourself man.no judge agreed that copies were not signed.post the parts of the judgment were the judges admitted that results were not duly signed firstly.
Secondly,inec are alleging forgery by uzodinma therefore they must be proven beyond doubt like in the bayelsa case.ofvourse we are accusing inec of colluding with ihefioha since most adhoc stuffs were from mbaise.inec can only be believed if they 0rove themselves beyond doubt.
The case of atiku and buhari cannot apply here because atiku never said buhari forged his certificates.his prayers were that buhari did not submit copies of his results to inec and that buhari does not possess the qualifications he claimed to have in form cf001.

Since you claimed that she misinterpreted the evidence law,please post it here let us carefully scrutinize it.until then,you lose

Seriously I tire for the guy.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Agboriotejoye(m): 5:14pm On Feb 24, 2020
Dansuqi:

Was there incidence forms before 2015 polls or not?
What difference does dat make? Was there PVC before 2015?
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Agboriotejoye(m): 5:16pm On Feb 24, 2020
kahal29:


Seriously I tire for the guy.
Tire for yourself and your zombeism. Go and read pg40-41 of the judgement you pasted and see where the judge agreed that the duplicates were not certified but relied on evidence act to claim they need not be certified. Don't be like your brother.
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 5:26pm On Feb 24, 2020
Agboriotejoye:

If you have a problem with English I can't help you further. I don't know maybe you can't read the parts I posted before, I really can't help you. After I showed you in the judgement that PDP raised that they were not certified, you said it's PDP's argument and not a position accepted by the judge. I then showed you were the judge agreed they were not certified but quoted evidence act to show they don't need to be certified. So what else do you want? It's obvious you're being willingly blind and unfortunately, I don't do miracles. Even from media reports the said result sheets contain only results for PDP and APC to the exclusion of the remaining 68 parties. But i'm sure you're not aware of that as well.
I like the fact you are now accusing inec of colluding with an opposition party. It brings everything down for you unfortunately. If INEC can collude with PDP, how can it not be that our very corrupt police can't collude with APC to present fake results given their antecedents and the fact that the subpoena did not even follow the right process? Even the result sheets presented by the police were 366 instead of 388.

In the case of Buhari, I hope you are aware Buhari submitted a waec certificate carrying his picture and a name of "Mohammed" instead of "Muhammadu" is that not a clear case of forgery in dis matter?

I'm not pasting anything for you again bros. You can paste them yourself since you're so sure.

It [b]is thus quite clear that from the state of the pleadings and the finding of the two lower courts, the main issue joined on the pleadings was the allegation that votes due to the appellants from 388 polling units were excluded from the votes accredited to them at the election and that if the said excluded votes were added to their score, they would have emerged as the winners of the election.
The question then arises as to how an allegation of exclusion of votes is to be proved. In Buhari Vs Obasanjo (Supra),it was held that where a petitioner contests the legality of votes cast in an election and the subsequent result, he must tender not only the forms and other documents used at the election, he must also call witnesses to testify to the illegality or unlawfulness of the votes cast and prove that the illegality or unlawfulness substantially affected the result of the election. The onus was on the Petitioners who challenged the results to prove the same on a preponderance of evidence.
However,in the instant case, the contention was that at the Ward Collation stage, votes scored by the appellants were unlawfully excluded. The documents required to prove this allegation would be Form EC8A series, which is the primary evidence of an election i.e. statement of results from polling units and Form EC8B, the ward collated results. The appellants called 54 witnesses and tendered Forms EC8A, EC8B, EC8C, EC8D and EC8E series. The 1st respondent also tendered certified true copies of the Form EC8 series and called 4 witnesses. The 2nd respondent called one witness while the 3rd respondent did not call any witness and did not tender any documents.
The trial Tribunal and the court below were of the opinion that in order to prove unlawful exclusion of results in the said 388 polling units, it was incumbent upon the appellants to call the polling unit agents to testify to the fact that elections took place in their respective units.
A careful perusal of the appellants’ pleading reveals that they did not, at any stage challenge the holding of elections in any polling unit. I am of the view that this is crucial. Indeed, their contention was that elections held, they scored votes but their votes were excluded at the collation stage. The need to call the polling unit agents to prove that elections actually held in those polling units did not arise. The authorities of this court requiring the evidence of polling unit agents, polling unit by polling unit, are therefore not applicable in the circumstances. This is more so because of the respondents, particularly the 3rd respondent denied excluding the votes scored by the appellants in the affected units. In other words, they did not contend that elections did not take place in the 388 polling units. Their contention is that the results relied – upon by the appellants are false. That they are not genuine. They pleaded that they would tender the genuine results.
Having pleaded that the documents are false, the respondents made allegations of a criminal nature against the appellants. They were required to plead the specific elements of fraud and lead evidence showing genuine results. Not only must the allegation be proved beyond reasonable doubt, but it must also be proved that the appellants personally committed the forgery or aided and abetted the commission of the cnme or that they procured the commission of the cnme through their agents or officials. It is well settled that mere averment in pleadings do not constitute evidence. See: Uchechukwu
& Anor. Vs Barr. Uzama Simon Okpalake & Ors (2010) LPELR – 5041 (CA); Maihaja Vs Gaidam (2017) LPELR- 42474 (SC)@ 35 – 36 A – D; Audu Vs INEC (No. 2) (2010) 13 NWLR (Pt. 1212) 456. Although they relied heavily on the assertion that Exhibits PPPl – PPP366 were fake, no evidence was adduced to prove the assertion at all, let alone beyond reasonable doubt. The respondent failed to produce the “genuine” results as pleaded.
I have considered the submissions of learned counsel for the appellants to the effect that, contrary to the holding of the lower court, Exhibits PPP1- PPP366 being duplicate originals required no certification. Section 86(2) of the Evidence Act, 2011 provides:
“86(2} Where a document has been executed in several parts each part shall be primary evidence of the document. ”
The said documents being duplicates of the original required no certification. See: Gambo Idi Vs the State (2017) 6 SC (Pt. IV)96; P.D.P. Vs INEC (2014) 17 NWLR (Pt. 1437) 525; Daggash Vs Bulama (2004) 14 NWLR (Pt. 892) 144.
The issue to consider is whether any probative value ought to have been accorded to Exhibits PPP1- PPP366 tendered by PW54, a Deputy Commissioner of Police, who testified on the basis of a subpoena duces tecum et testificandum issued to him by the court. (See pages 2572 – 2589 of the record). The documents tendered where available, a copy of each of the completed forms after it has been duly signed as provided in Subsection (2) of this Section.”
See also paragraph 22(c) (vi) of INEC Guidelines for 2019 General Elections.
On the admissibility and validity of Election Result Forms given to the Police, it was held in Nnadi Vs Ezike (1999) 10 NWLR (Pt. 622) 228 at 238 C-E (a decision of the Court of Appeal sitting as the final court at the time) as follows:
“Election result forms given to the Police security
men cum observers at the polling booths, as dictated by the provisions of paragraph 33 of Schedule 4 to Decree No.5 of 1999, constitute an internal and inbuilt control mechanism or measures designed to unravel unlawful cancellations, alterations, mutilations and juggling of figures during elections and such result as produce by the Police are the best and tenable available source to test the veracity of the parties’ contention on the issue of what in fact were the actual scores made by the contending parties. To jettison the forms given to the Police under any guise, as in the instant case, is like throwing discretion to the wind. ”
The tendering of Exhibits PPP1 – PPP366 through PW54 was to show that the scores recorded therein were excluded from the forms EC8B (ward collation results). It is also to be reiterated that PW54 was summoned by the court to produce and tender the documents. His Lordship Oho, JCA in his dissenting opinion at page 410 Vol. 5 of the record, held:
“The Police copies are particularly relevant and admissible where, as in this case, the respondents raised the issue of the authenticity of the results in their pleadings. The copies given to the Police are in those circumstances relevant and tenable to test the veracity of the parties’contention on the issue of what in fact transpired.”
Iagree with him. The respondents failed to prove that the documents were fake or forged.
Paragraph 12(2) of the First Schedule to the Electoral Act, 2010 (as amended), provides:
Where the respondent in an election petition complaining of an undue return and claiming the seat or office for a petitioner intends to prove that the claim is incorrect or false, the respondent in his reply shall set out the facts and figures clearly and distinctly disproving the claim of the petitioners. ” See also paragraph 15 of the First Schedule.
Once again, I agree with the dissenting opinion of Oho, JCA, that the respondents failed to comply with these provisions. With respect to learned senior counsel for the 1st respondent, it is not correct to state that the 1st respondent did not need to comply because the votes credited to him were far higher than the votes credited to the appellants.
As regards the 3rd respondent, it failed woefully to tender the results it termed “genuine,” which would have rebutted the presumption of regularity in favour of the documents tendered by the appellants.
Furthermore, as pointed out by learned sen1or counsel for the appellants, PW12-PW34, who were the appellants’ Local Government Area collation agents and who were present at the collation centres, testified that they witnessed the exclusion of results. The court below did not give any consideration to the evidence of these witnesses.
In my considered view, the crux of this appeal is whether the lower court and by implication, the trial Tribunal misconstrued the appellants’ case and therefore misplaced the burden of proof. Having regard to the state of the pleadings, I am of the view and I do hold that the burden of proof was misplaced, as a result of which the bulk of the evidence relied upon by the appellants was disregarded by the two lower courts. The evidence of PWll and PWSl were rejected on the ground that they were unable to prove any anomalies in the 388 polling units. The appellants did not plead or base their claims on any anomalies in the polling units. Their case was that votes lawfully earned were unlawfully excluded from the collation at Ward level. The documents relied upon were alleged to be fake or forged but none of the respondents was able to prove forgery.
I hold that on a preponderance of the evidence, the appellants discharged the burden on them of proving that the results from 388 polling units, which were in their favour, were excluded from the collation of results and that if the excluded votes are added to the results declared in their favour, they would have emerged as the winners of the election.
This court does not lightly set aside concurrent findings of the two lower courts. It will, however, disturb those findings where it is satisfied that there is an apparent error on the face of the record of proceedings showing or manifesting that such findings are perverse. A decision is perverse where, for example, it has been shown that the trial court (or the court below) took into account matters which it ought not to have taken into account or where the decision has occasioned a miscarriage of justice. See: Also
Ayeni Vs Adesina (2007) ALL FWLR (Pt.370) 1451 @ 1557-1458.
I am of the view that the consideration of the appellants’ case on a wrong premise occasioned a miscarriage of justice. I resolve issues 1 and 2 in favour of the appellants. On this basis, I hold that the two lower courts were wrong when they held that the appellants failed to prove their entitlement to the reliefs claimed. I find these two issues sufficient to determine the appeal.
In the circumstances, I hold that there is merit in this appeal. The appeal is allowed. The judgment of the lower court affirming the judgment of the Governorship Election Tribunal is hereby set aside. It is further ordered as follows:
1. It is hereby declared that votes due to the Appellants (i.e. Sen Hope Uzodinma & All Progressives Congress) from 388 polling units were wrongly excluded from the score ascribed to them.
2.
3. It is hereby ordered that the Appellants’ votes from the 388 polling units unlawfully excluded from the Appellants’ score shall be added to the results declared by the 3rd respondent.
4.
5. It is hereby declared that the 1st Respondent, Rt. Hon. Emeka Ihedioha was not duly elected by a majority of lawful votes cast at the said election. His return as the Elected Governor of Imo State is hereby declared null and void and accordingly set aside.
It is hereby declared that the 1st appellant, Sen Hope Uzodinma Polled a majority of lawful votes cast at the Governorship Election held in Imo State on 9th March 2019 and satisfied the mandatory constitutional threshold and spread across the state.
5. It is hereby declared that the 1st appellant, Sen Hope Uzodinma is the winner of the Governorship Election of Imo State held on 9th March 2019. The Certificate of Return issued to the 1st respondent Rt. Hon. Emeka Ihedioha is hereby withdrawn.
7.
8. It is hereby ordered that a certificate of return shall be issued to the 1st appellant, Sen. Hope Uzodinma forthwith and he should be sworn in as the Governor of Imo State immediately.
CROSS-APPEAL SC.1470/2019 Rt. Hon. Emeka Ihedioha Vs Sen. Uzodinma & 3 Ors.
Having regard to the resolution of Appeal No SC.l462/2019 in favour of the appellants, this cross-appeal is spent. It has become academic and is hereby struck out. Parties to bear their costs.
KUDIRAT MOTONMORIOLATOKUNBO KEKERE-EKUN JUSTICE, SUPREME COUR





[/b]


The above is the personal judgment and submissions of the judge which was concurred by the 6 other judges.that is the actual judgment.read and compare it to the one below.


eaction to the above submission, Dr Onyechi Ikpeazu, SAN, submitted on behalf of the 1st respondent that having regard to appellants’ pleading, particularly in paragraphs 20 and 21 of the petition, they were obliged to prove (i) that elections were conducted in each of the 388 polling units; (ii) that the elections were properly conducted in those polling units; (iii) that they had agents in each of the polling units and (iv) that the results of the election in each of the 388 polling units were issued by the presiding officers to the appellants’ agents who were present when the election took place in those units. He contended that the only evidence that would infuse life into the Forms EC8A and EC8B relied upon by the appellants was the evidence of the makers of the documents i.e. the appellants’ agents. He referred to the 1st respondent’s pleading in paragraph 8(i) and (ii) of his reply wherein he denied the averment of the appellant relating to the exclusion of votes and alleged that the result sheets relied upon were false. He referred to similar averments by the 3rd respondent in its reply.
Replying on the case of Buhari Vs Obasanjo
(2005) 13 NWR (Pt. 941) 1 @ 315 – 316 8 – C,
he submitted that the duplicate result sheets tendered were of no evidential value, having not been tendered by their makers. He submitted that it was imperative that the Police Officers who were at the specific polling units ought to have been called to testify. On the effect of documents not tendered by polling unit agents or their makers, he referred to: Udom Emmanuel Vs Umana (2016) LPELR – 40659 (SC); Wike Vs Peterside (2016) 7 NWLR (Pt. 1512) 452.
W52- PW53 should be discountenanced.
He submitted further that evidence of PWll (the 1st appellant) and PWSl (the State Agent) and the tabulation of scores relied upon in their pleading, in fact, contradicted their case by revealing inconsistencies between the number of votes scored vis a vis the number of registered voters. He submitted that the lower court was right in holding that the appellants were not entitled to the reliefs sought in the absence of the evidence of polling unit and ward collation agents.




This is clearly her summary of what the two lawyers csnvassed in her brief.it is not an admission my the judges,plesse read the two posts well and spot the difference.in began with her referring to onyechi ikpeazu pdp lawyer,that is his own opinion not that of the judges.even where you clsimed that the judges agreed,it was clearly stated tjat learned counsel referring to ikpeazu.the following sentence stsrted with "he submitted' still referring to a man.no where was i or we used there to show personal agreement or otherwise.
Compare it to the first post where she clearly used i almost through out signifying her personal judgment.

Finally,for the umpteenth time,atiku claimed that buhari did not submit or have certificates,he never spelled forgery thetefore once buhari tendered any certificate,the case was dead.please always try to differsntiate and understand simple things for your own thing.you will make a terrible boss or tutor and even student
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 5:39pm On Feb 24, 2020
kahal29:


Seriously I tire for the guy.
My brother,i pity people around him
Re: Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction by Dansuqi: 5:42pm On Feb 24, 2020
Agboriotejoye:

Tire for yourself and your zombeism. Go and read pg40-41 of the judgement you pasted and see where the judge agreed that the duplicates were not certified but relied on evidence act to claim they need not be certified. Don't be like your brother.
This shows that you talk out of hatred for apc,no matter what,you wont accept the truth.he's not the first person to say that to you.evaluate yourself please,there's nothing wrong in admitting that you were wrong.it shows maturity rather.i wish i could stop you from tagging my moniker

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