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Can Apc Participate In A Fresh Election In Bayelsa State? - Politics - Nairaland

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Can Apc Participate In A Fresh Election In Bayelsa State? by garfield1: 9:59am On Aug 21, 2020
By David Tobi Oyesowo Esq

Many activities prelude the conduct of elections. These activities are varied in dimensions as they range from declaration of interest by eligible candidates under a preferred political party, to the struggles that permeate the primary elections, and finally to the great battle of the titans that will eventually crown the winning candidate, which is the main election.


These activities are not without their dramas and intricacies. One of the intricacies is the avoidable occurrence that shook the whole country with the Supreme Court Judgment in the Bayelsa Election, on the eve of the swearing in of Mr. Lyon. This judgment no doubt shook the country with wild applause and condemnation from different opinion givers.



The judgment, not only shook the country, it redefined the political landscape in the oil rich state, as it ushered in “a new order” other than what the electorate bargained for.

Be that as it is may, that is gone.

However on 17th August, 2020, the tribunal sitting in Abuja handed down her judgment, and nullified the election of Mr. Diri and ordered a fresh election to be conducted within 90 days. The tribunal predicated her judgment on the ground that, the ANDP Logo was omitted on the ballot in the February Election.

The position of the law is clear concerning the grounds for an election to be nullified as contained in Section 138 of the Electoral Act. One of the salient grounds is that the petitioner must have been unlawfully excluded from the election. A ground which the ANDP prayed for and was upheld by the Honorable Court (tribunal). See Section 285(2) of the 1999 CFRN As Amended.

Interestingly, this judgment has revived the hope of party faithfuls on the likely comeback of the candidate of the All Progressives Congress who was the initial winner before tragedy struck.

It is imperative to state that the judgment handed down yesterday by the tribunal is subject to an appeal up to the Supreme Court by the affected parties and without prejudice to the right of the affected party, I wish them well.

However, assuming without conceding that the Supreme Court upholds the judgment of the tribunal and holds that “fresh” election should be conducted within 90 days, the question is, “Does APC stand a chance?”

This has made me to look for the meaning of the word “FRESH” in the Law Dictionary which means “a course just starting”.

It is imperative to also bear in mind that according to the INEC Guidelines and Electoral Act particularly section 33, political parties can only make replacement of their candidates within a period of 30days which has since lapsed. This above position will be the arguments and opinion of some persons as regards the judgment and by this position, the APC has been shut out.

However, the jurisprudence of law is to enable lawyers to think outside the box and in this case, I will appraise the meaning of the word “fresh”.

In the legal parlance, it means DE NOVO, which means starting fresh, or over again. In BABATUNDE .V. PAN ATLANTIC SHIPPING AND TRANSPORT AGENCIES LTD & ORS (2007) LPELR – 698-SC, the Supreme Court holds “De Novo” as ‘New’, “a fresh beginning” “a start”.

Per Muhammed JSC said the consequence of a De Novo is as if nothing had “existed”.

Similarly in OBINWENBI .V. CBN (2011) LPELR -2185 (SC) PER RHODES VIVOUR JSC held that fresh is to start DE NOVO, or to start all over again.

In other words, where fresh election is ordered as in this instance, it is assumed that the earlier elections and proceedings will be jettisoned and a new course of event will be allowed to flow. If this position is upheld, with the conduct of fresh election, it will open the gate for APC and its candidates to participate in the election.

It is necessary to state as well that court orders must be expressed to avoid imputations from litigants, where the orders contained in the judgment do not expressly state that the APC and its candidate should be exempted, there is nothing stopping INEC from allowing APC to participate in the elections, more so that the Supreme Court Judgment that sacked Mr. David Lyon was based on a pre-election matter.



Mynd44
Lalasticlala
Kahal
Bayelsaowei
Engels
Ejimatic
Duwdu
Martineverest
Afroknight
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by Finnese001: 10:20am On Aug 21, 2020
For where grin


Party of certificate forgers

1 Like 1 Share

Re: Can Apc Participate In A Fresh Election In Bayelsa State? by Ahmed0336(m): 10:25am On Aug 21, 2020
Finnese001:
For where grin

Party of certificate forgers
. coming from an unknown tax collectorgrin

3 Likes

Re: Can Apc Participate In A Fresh Election In Bayelsa State? by AAA593: 10:37am On Aug 21, 2020
garfield1:
By David Tobi Oyesowo Esq

Many activities prelude the conduct of elections. These activities are varied in dimensions as they range from declaration of interest by eligible candidates under a preferred political party, to the struggles that permeate the primary elections, and finally to the great battle of the titans that will eventually crown the winning candidate, which is the main election.


These activities are not without their dramas and intricacies. One of the intricacies is the avoidable occurrence that shook the whole country with the Supreme Court Judgment in the Bayelsa Election, on the eve of the swearing in of Mr. Lyon. This judgment no doubt shook the country with wild applause and condemnation from different opinion givers.



The judgment, not only shook the country, it redefined the political landscape in the oil rich state, as it ushered in “a new order” other than what the electorate bargained for.

Be that as it is may, that is gone.

However on 17th August, 2020, the tribunal sitting in Abuja handed down her judgment, and nullified the election of Mr. Diri and ordered a fresh election to be conducted within 90 days. The tribunal predicated her judgment on the ground that, the ANDP Logo was omitted on the ballot in the February Election.

The position of the law is clear concerning the grounds for an election to be nullified as contained in Section 138 of the Electoral Act. One of the salient grounds is that the petitioner must have been unlawfully excluded from the election. A ground which the ANDP prayed for and was upheld by the Honorable Court (tribunal). See Section 285(2) of the 1999 CFRN As Amended.

Interestingly, this judgment has revived the hope of party faithfuls on the likely comeback of the candidate of the All Progressives Congress who was the initial winner before tragedy struck.

It is imperative to state that the judgment handed down yesterday by the tribunal is subject to an appeal up to the Supreme Court by the affected parties and without prejudice to the right of the affected party, I wish them well.

However, assuming without conceding that the Supreme Court upholds the judgment of the tribunal and holds that “fresh” election should be conducted within 90 days, the question is, “Does APC stand a chance?”

This has made me to look for the meaning of the word “FRESH” in the Law Dictionary which means “a course just starting”.

It is imperative to also bear in mind that according to the INEC Guidelines and Electoral Act particularly section 33, political parties can only make replacement of their candidates within a period of 30days which has since lapsed. This above position will be the arguments and opinion of some persons as regards the judgment and by this position, the APC has been shut out.

However, the jurisprudence of law is to enable lawyers to think outside the box and in this case, I will appraise the meaning of the word “fresh”.

In the legal parlance, it means DE NOVO, which means starting fresh, or over again. In BABATUNDE .V. PAN ATLANTIC SHIPPING AND TRANSPORT AGENCIES LTD & ORS (2007) LPELR – 698-SC, the Supreme Court holds “De Novo” as ‘New’, “a fresh beginning” “a start”.

Per Muhammed JSC said the consequence of a De Novo is as if nothing had “existed”.

Similarly in OBINWENBI .V. CBN (2011) LPELR -2185 (SC) PER RHODES VIVOUR JSC held that fresh is to start DE NOVO, or to start all over again.

In other words, where fresh election is ordered as in this instance, it is assumed that the earlier elections and proceedings will be jettisoned and a new course of event will be allowed to flow. If this position is upheld, with the conduct of fresh election, it will open the gate for APC and its candidates to participate in the election.

It is necessary to state as well that court orders must be expressed to avoid imputations from litigants, where the orders contained in the judgment do not expressly state that the APC and its candidate should be exempted, there is nothing stopping INEC from allowing APC to participate in the elections, more so that the Supreme Court Judgment that sacked Mr. David Lyon was based on a pre-election matter.



Mynd44
Lalasticlala
Kahal
Bayelsaowei
Engels
Ejimatic
Duwdu
Martineverest
Afroknight
Dead on arrival grin

1 Like

Re: Can Apc Participate In A Fresh Election In Bayelsa State? by garfield1: 11:05am On Aug 21, 2020
AAA593:

Dead on arrival grin

I didn't invite you here so respect yourself.

2 Likes

Re: Can Apc Participate In A Fresh Election In Bayelsa State? by AAA593: 11:16am On Aug 21, 2020
garfield1:


I didn't invite you here so respect yourself.
grin grin grin grin grin. You have been commenting on my thread. We are one o

1 Like 1 Share

Re: Can Apc Participate In A Fresh Election In Bayelsa State? by Nobody: 11:18am On Aug 21, 2020
Beer parlour lawyer. You introduced a word to make arguement with and hallucinate upon. Does your 'fresh' or de novo or vono foam not also mean that no candidate existed and so noone was excluded. So the socalled ANDP candidate never existed and all 98 political parties can also now claim to have been excluded because a judge now ruled their exclusion illegal.
My friend forget sbout Bayelsa till 2027.

3 Likes 1 Share

Re: Can Apc Participate In A Fresh Election In Bayelsa State? by aolawale025: 11:28am On Aug 21, 2020
The minority judgement says it all.
ANDP case ought to have been dismissed

2 Likes 1 Share

Re: Can Apc Participate In A Fresh Election In Bayelsa State? by Emyzoloye5(m): 11:33am On Aug 21, 2020
there won't be any fresh election in bayelsa state period

the minority judgement will be upheld and dat of the majority will be set aside by the appeal court

2 Likes 1 Share

Re: Can Apc Participate In A Fresh Election In Bayelsa State? by lx3as(m): 11:36am On Aug 21, 2020
Yes, if there would be fresh election or by-election.
No, if otherwise.
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by AAA593: 11:44am On Aug 21, 2020
Despite the fact that the judgment will not stand, the judgement of the court will in no way favour the All Progressive Congress. The reason is that the supreme court previously disqualified the candidacy of The APC candidate David Lyon because his running mate presented certificates which had multiple names. so despite the judgement, and even if the subsequent judgement by the appeal courts and supreme court ask for fresh polls which I so strongly doubt, APC will not still participate.

You might ask, what if they conduct a fresh primary or replace David Lyon's running mate? As in the case of Victor Umeh vs Uche Ekwunife over the Anambra central senatorial election 2015. Ekwunife was disqualified and PDP didnt present a new candidate in the rescheduled fresh election which Senator Victor Umeh won. So in this bayelsa case, It is not lawful,the period for submission and replacing of names of candidate for the election has since been concluded so no new name can be submitted apart from ANDP but appeal and supreme court will fling the majority judgment away. That majority judgment cannot rubbish our constitution

2 Likes 2 Shares

Re: Can Apc Participate In A Fresh Election In Bayelsa State? by helinues: 11:52am On Aug 21, 2020
There is no fresh election to start with

2 Likes

Re: Can Apc Participate In A Fresh Election In Bayelsa State? by garfield1: 11:55am On Aug 21, 2020
helinues:
There is no fresh election to start with

How so sir
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by garfield1: 11:59am On Aug 21, 2020
AAA593:
Despite the fact that the judgment will not stand, the judgement of the court will in no way favour the All Progressive Congress. The reason is that the supreme court previously disqualified the candidacy of The APC candidate David Lyon because his running mate presented certificates which had multiple names. so despite the judgement, and even if the subsequent judgement by the appeal courts and supreme court ask for fresh polls which I so strongly doubt, APC will not still participate.

You might ask, what if they conduct a fresh primary or replace David Lyon's running mate? As in the case of Victor Umeh vs Uche Ekwunife over the Anambra central senatorial election 2015. Ekwunife was disqualified and PDP didnt present a new candidate in the rescheduled fresh election which Senator Victor Umeh won. So in this bayelsa case, It is not lawful,the period for submission and replacing of names of candidate for the election has since been concluded so no new name can be submitted apart from ANDP but appeal and supreme court will fling the majority judgment away. That majority judgment cannot rubbish our constitution


You are partially right.apc might not contest but pdp will also not win bsyelsa.secondly,you have not told us how the majority decision rubbished our constitution...
Again,the case of anambra is slightly different...ekwunife's disq led to new elections instantly while that of Lyon did not lead to a new election but the swearing in of pdp.this is a different matter.
Finally if inec are given 90 days to conduct fresh polls,they can still order for new primaries within that period
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by nameo: 12:00pm On Aug 21, 2020
Lolz

That is all i will say
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by garfield1: 12:03pm On Aug 21, 2020
nameo:
Lolz

That is all i will say

Say more.where is meleszenawi
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by AAA593: 12:15pm On Aug 21, 2020
https://mobile./189449457789697?view=permalink&id=3297917833609495&refid=18&_ft_=qid.6863394174913047319%3Amf_story_key.3297917833609495%3Agroup_id.189449457789697%3Atop_level_post_id.3297917833609495%3Atl_objid.3297917833609495%3Acontent_owner_id_new.100002637227885%3Aoriginal_content_id.3119455994818944%3Aoriginal_content_owner_id.100002637227885%3Apage_id.189449457789697%3Asrc.22%3Aphoto_id.3119455924818951%3Astory_location.6%3Aattached_story_attachment_style.video_inline%3Afilter.GroupStoriesByActivityEntQuery%3Atds_flgs.3%3Apage_insights.%7B%22189449457789697%22%3A%7B%22page_id%22%3A189449457789697%2C%22page_id_type%22%3A%22group%22%2C%22actor_id%22%3A100002637227885%2C%22dm%22%3A%7B%22isShare%22%3A1%2C%22originalPostOwnerID%22%3A3119455994818944%7D%2C%22psn%22%3A%22EntGroupMallPostCreationStory%22%2C%22post_context%22%3A%7B%22object_fbtype%22%3A657%2C%22publish_time%22%3A1598003646%2C%22story_name%22%3A%22EntGroupMallPostCreationStory%22%2C%22story_fbid%22%3A%5
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by ejimatic: 1:58pm On Aug 26, 2020
garfield1:
By David Tobi Oyesowo Esq

Many activities prelude the conduct of elections. These activities are varied in dimensions as they range from declaration of interest by eligible candidates under a preferred political party, to the struggles that permeate the primary elections, and finally to the great battle of the titans that will eventually crown the winning candidate, which is the main election.


These activities are not without their dramas and intricacies. One of the intricacies is the avoidable occurrence that shook the whole country with the Supreme Court Judgment in the Bayelsa Election, on the eve of the swearing in of Mr. Lyon. This judgment no doubt shook the country with wild applause and condemnation from different opinion givers.



The judgment, not only shook the country, it redefined the political landscape in the oil rich state, as it ushered in “a new order” other than what the electorate bargained for.

Be that as it is may, that is gone.

However on 17th August, 2020, the tribunal sitting in Abuja handed down her judgment, and nullified the election of Mr. Diri and ordered a fresh election to be conducted within 90 days. The tribunal predicated her judgment on the ground that, the ANDP Logo was omitted on the ballot in the February Election.

The position of the law is clear concerning the grounds for an election to be nullified as contained in Section 138 of the Electoral Act. One of the salient grounds is that the petitioner must have been unlawfully excluded from the election. A ground which the ANDP prayed for and was upheld by the Honorable Court (tribunal). See Section 285(2) of the 1999 CFRN As Amended.

Interestingly, this judgment has revived the hope of party faithfuls on the likely comeback of the candidate of the All Progressives Congress who was the initial winner before tragedy struck.

It is imperative to state that the judgment handed down yesterday by the tribunal is subject to an appeal up to the Supreme Court by the affected parties and without prejudice to the right of the affected party, I wish them well.

However, assuming without conceding that the Supreme Court upholds the judgment of the tribunal and holds that “fresh” election should be conducted within 90 days, the question is, “Does APC stand a chance?”

This has made me to look for the meaning of the word “FRESH” in the Law Dictionary which means “a course just starting”.

It is imperative to also bear in mind that according to the INEC Guidelines and Electoral Act particularly section 33, political parties can only make replacement of their candidates within a period of 30days which has since lapsed. This above position will be the arguments and opinion of some persons as regards the judgment and by this position, the APC has been shut out.

However, the jurisprudence of law is to enable lawyers to think outside the box and in this case, I will appraise the meaning of the word “fresh”.

In the legal parlance, it means DE NOVO, which means starting fresh, or over again. In BABATUNDE .V. PAN ATLANTIC SHIPPING AND TRANSPORT AGENCIES LTD & ORS (2007) LPELR – 698-SC, the Supreme Court holds “De Novo” as ‘New’, “a fresh beginning” “a start”.

Per Muhammed JSC said the consequence of a De Novo is as if nothing had “existed”.

Similarly in OBINWENBI .V. CBN (2011) LPELR -2185 (SC) PER RHODES VIVOUR JSC held that fresh is to start DE NOVO, or to start all over again.

In other words, where fresh election is ordered as in this instance, it is assumed that the earlier elections and proceedings will be jettisoned and a new course of event will be allowed to flow. If this position is upheld, with the conduct of fresh election, it will open the gate for APC and its candidates to participate in the election.

It is necessary to state as well that court orders must be expressed to avoid imputations from litigants, where the orders contained in the judgment do not expressly state that the APC and its candidate should be exempted, there is nothing stopping INEC from allowing APC to participate in the elections, more so that the Supreme Court Judgment that sacked Mr. David Lyon was based on a pre-election matter.



Mynd44
Lalasticlala
Kahal
Bayelsaowei
Engels
Ejimatic
Duwdu
Martineverest
Afroknight
. I said on the following day the judgement was given that If it is upheld by the appeal and SC ,APC stands a chance of contesting in the fresh election. The judgement implication means no election took place in Edo on the 19 November last year. If it is a rerun APC is out but a fresh election means APC is a partaker. The constitution says rerun must take place within 3months same applies to bye election. It is however silent on a fresh election like this.In my opinion since all the procedures for the first election have been set aside the speaker of the house should be given six months to fill the vacant position.It will allow INEC to start the process again. I hope the umpire has learnt from their mistake. If the ANDP substitutes its candidate for the election ,APC can do so too.Finally I agree with the citations of precedences contained in the analysis...
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by ejimatic: 2:05pm On Aug 26, 2020
garfield1:
By David Tobi Oyesowo Esq

Many activities prelude the conduct of elections. These activities are varied in dimensions as they range from declaration of interest by eligible candidates under a preferred political party, to the struggles that permeate the primary elections, and finally to the great battle of the titans that will eventually crown the winning candidate, which is the main election.


These activities are not without their dramas and intricacies. One of the intricacies is the avoidable occurrence that shook the whole country with the Supreme Court Judgment in the Bayelsa Election, on the eve of the swearing in of Mr. Lyon. This judgment no doubt shook the country with wild applause and condemnation from different opinion givers.



The judgment, not only shook the country, it redefined the political landscape in the oil rich state, as it ushered in “a new order” other than what the electorate bargained for.

Be that as it is may, that is gone.

However on 17th August, 2020, the tribunal sitting in Abuja handed down her judgment, and nullified the election of Mr. Diri and ordered a fresh election to be conducted within 90 days. The tribunal predicated her judgment on the ground that, the ANDP Logo was omitted on the ballot in the February Election.

The position of the law is clear concerning the grounds for an election to be nullified as contained in Section 138 of the Electoral Act. One of the salient grounds is that the petitioner must have been unlawfully excluded from the election. A ground which the ANDP prayed for and was upheld by the Honorable Court (tribunal). See Section 285(2) of the 1999 CFRN As Amended.

Interestingly, this judgment has revived the hope of party faithfuls on the likely comeback of the candidate of the All Progressives Congress who was the initial winner before tragedy struck.

It is imperative to state that the judgment handed down yesterday by the tribunal is subject to an appeal up to the Supreme Court by the affected parties and without prejudice to the right of the affected party, I wish them well.

However, assuming without conceding that the Supreme Court upholds the judgment of the tribunal and holds that “fresh” election should be conducted within 90 days, the question is, “Does APC stand a chance?”

This has made me to look for the meaning of the word “FRESH” in the Law Dictionary which means “a course just starting”.

It is imperative to also bear in mind that according to the INEC Guidelines and Electoral Act particularly section 33, political parties can only make replacement of their candidates within a period of 30days which has since lapsed. This above position will be the arguments and opinion of some persons as regards the judgment and by this position, the APC has been shut out.

However, the jurisprudence of law is to enable lawyers to think outside the box and in this case, I will appraise the meaning of the word “fresh”.

In the legal parlance, it means DE NOVO, which means starting fresh, or over again. In BABATUNDE .V. PAN ATLANTIC SHIPPING AND TRANSPORT AGENCIES LTD & ORS (2007) LPELR – 698-SC, the Supreme Court holds “De Novo” as ‘New’, “a fresh beginning” “a start”.

Per Muhammed JSC said the consequence of a De Novo is as if nothing had “existed”.

Similarly in OBINWENBI .V. CBN (2011) LPELR -2185 (SC) PER RHODES VIVOUR JSC held that fresh is to start DE NOVO, or to start all over again.

In other words, where fresh election is ordered as in this instance, it is assumed that the earlier elections and proceedings will be jettisoned and a new course of event will be allowed to flow. If this position is upheld, with the conduct of fresh election, it will open the gate for APC and its candidates to participate in the election.

It is necessary to state as well that court orders must be expressed to avoid imputations from litigants, where the orders contained in the judgment do not expressly state that the APC and its candidate should be exempted, there is nothing stopping INEC from allowing APC to participate in the elections, more so that the Supreme Court Judgment that sacked Mr. David Lyon was based on a pre-election matter.



Mynd44
Lalasticlala
Kahal
Bayelsaowei
Engelsz
Ejimatic
Duwdu
Martineverest
Afroknight
I said on the following day the judgement was given that If it is upheld by the appeal and SC ,APC stands a chance of contesting in the fresh election. The judgement implication means no election took place in Edo on the 19 November last year. If it is a rerun APC is out but a fresh election means APC is a partaker. The constitution says rerun must take place within 3months same applies to bye election. It is however silent on a fresh election like this.In my opinion since all the procedures for the first election have been set aside the speaker of the house should be given six months to fill the vacant position.It will allow INEC to start the process again. I hope the umpire has learnt from their mistake. Logically if ANDP will substitute its candidate for a fresh election APC can do so for its candidate.Finally I agree with the citation of precedences contained in the analysis...
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by OlujobaSamuel: 2:23pm On Aug 26, 2020
ejimatic:
. I said on the following day the judgement was given that If it is upheld by the appeal and SC ,APC stands a chance of contesting in the fresh election. The judgement implication means no election took place in Edo on the 19 November last year. If it is a rerun APC is out but a fresh election means APC is a partaker. The constitution says rerun must take place within 3months same applies to bye election. It is however silent on a fresh election like this.In my opinion since all the procedures for the first election have been set aside the speaker of the house should be given six months to fill the vacant position.It will allow INEC to start the process again. I hope the umpire has learnt from their mistake. If the ANDP substitutes its candidate for the election ,APC can do so too.Finally I agree with the citations of precedences contained in the analysis...
You are right.
If the judgement is upheld, APC will participate in the new election, due to the fact that if ANDP can substitute their candidate, APC or any other party, so willing, can also do same.
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by fergie001: 2:28pm On Aug 26, 2020
OlujobaSamuel:

You are right.
If the judgement is upheld, APC will participate in the new election, due to the fact that if ANDP can substitute their candidate, APC or any other party, so willing, can also do same.
No fresh election....The Tribunal judgement will not stand by virtue of the SC judgement on Kogi yesterday.
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by kingzizzy: 2:28pm On Aug 26, 2020
OlujobaSamuel:

You are right.
If the judgement is upheld, APC will participate in the new election, due to the fact that if ANDP can substitute their candidate, APC or any other party, so willing, can also do same.

I think the time for substitution is long over
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by kahal29: 2:36pm On Aug 26, 2020
fergie001:

No fresh election....The Tribunal judgement will not stand by virtue of the SC judgement on Kogi yesterday.


Point of correction :

The supreme court did not rule or give judgment in any kogi matter rather the appellant withdrew his case when he sensed the disposition of the supreme court judges to his case. No judgement was given rather the appellant withdrew his case subsequently it was struck out by the court.


Needed to point this out because when you say judgement it means the supreme made a specific pronouncement on the matter.
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by fergie001: 2:41pm On Aug 26, 2020
kahal29:
NOTE THE UNDERLINED

Meanwhile, Usman Mohammed, counsel representing DPP, applied to withdraw his appeal after the seven-man panel of the apex court drew his attention to the fact that he had no case because the governorship candidate of the party did not meet the constitutionally required age of 35 as at the time of the election.
TheCable

Meanwhile, the CJN led panel, dismissed a third appeal that was brought against governor Bello by the Democratic People’s Party, DPP, after it was withdrawn by counsel to the party, Mr M.S. Ibrahim.
The panel stressed that the appeal was a “worthless academic exercise”, noting that the party fielded an underaged candidate that was 31 years old as at the time of the election.

It further awarded a cost of N200, 000 against the DPP. It will be recalled that the tribunal had in a two-to-one split decision on May 23, affirmed governor Bello’s election.

https://www.google.com/amp/s/www.vanguardngr.com/2020/08/kogi-governorship-dispute-scourt-slates-august-31-for-judgement/amp/


The third appeal filed by the Democratic People’s Party which had sought the nullification of the election on the grounds of unlawful exclusion was withdrawn at the last minute by the party’s lawyer, Mr. M. S Ibrahim.

Ibrahim was about to adopt his brief of argument when members of the Supreme Court’s panel made him realise that the appeal was a mere academic exercise.

Responding to a barrage of questions from the bench, Ibrahim said the Independent National Electoral Commission lacked the power to disqualify the DPP’s governorship candidate, whom he confirmed was 31 years old as of the time of the election.

But the apex court’s panel members noted that it was pointless to hear the appeal as the court could not have given a judgment to endorse the candidacy of the 31-year-old when the Nigerian Constitution stipulated a minimum of 35 years for anyone contesting the office of the governor of a state.

“It is an academic exercise,” Justice Amina Augie, a member of the apex court’s panel said.

Ibrahim then withdrew the appeal.

The CJN, in dismissing the DPP’s appeal, awarded N200,000 against the party in favour of Governor Bello and his deputy, Edward Onoja.

With the CJN on the panel were Justices Olabode Rhodes-Vivour, Sylvester Ngwuta, Kudirat Kekere-Ekun, Inyang Okoro, Amina Augie, Uwani Abba-Aji.
https://www.google.com/amp/s/punchng.com/kogi-election-supreme-court-fixes-august-31-for-judgment/%3famp=1

Before the case was dismissed, I hope you heard the CJN...Leave this matter, it is gone already.

Let us focus on the legal angles in Edo..biko
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by kahal29: 2:56pm On Aug 26, 2020
fergie001:

I wanted to bait you in since I saw you viewing.....No judgement was given but hear the CJN;

Meanwhile, Usman Mohammed, counsel representing DPP, applied to withdraw his appeal after the seven-man panel of the apex court drew his attention to the fact that he had no case because the governorship candidate of the party did not meet the constitutionally required age of 35 as at the time of the election.
TheCable


Meanwhile, the CJN led panel, dismissed a third appeal that was brought against governor Bello by the Democratic People’s Party, DPP, after it was withdrawn by counsel to the party, Mr M.S. Ibrahim.
The panel stressed that the appeal was a “worthless academic exercise”, noting that the party fielded an underaged candidate that was 31 years old as at the time of the election.

It further awarded a cost of N200, 000 against the DPP. It will be recalled that the tribunal had in a two-to-one split decision on May 23, affirmed governor Bello’s election.

https://www.google.com/amp/s/www.vanguardngr.com/2020/08/kogi-governorship-dispute-scourt-slates-august-31-for-judgement/amp/


Before the case was dismissed, I hope you heard the CJN...Leave this matter, it is gone already.

Let us focus on the legal angles in Edo..biko

I don't even think you understand me. Secondly you should know by now that I don't have any interest in Bayelsa matter. Am just an onlooker.

All I said was that no judgement was given in the case you reffered to cos the appellant withdrew his case and what followed was for the case to be struck out. How can you give a judgment in scase that was not heard nor argued but withdrawan. All what you posted there were side comments by the CJN & Amina which does not constitute a judgment in anyway and cannot be cited cos they are relative in nature.

At best what you should have said is this... The Tribunal judgement will not stand by virtue of the SC DISPOSITION and not judgement on Kogi yesterday.
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by fergie001: 3:00pm On Aug 26, 2020
kahal29:
I don't think you saw the first two lines of what you quoted...

We have been through this path many times..I don't agree with many things you wrote up there and with verifiable reasons...but let it go

It is NOTED.
sad

kahal29:


I don't even have the strength to argue on it. I only wanted us to use the right words and procedures.
The first two lines you quoted Sir.
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by kahal29: 3:02pm On Aug 26, 2020
fergie001:

We have been through this path many times..I don't agree with many things you wrote up there and with good reasons...but let it go

It is NOTED.
sad


I don't even have the strength to argue on it. I only wanted us to use the right words and procedures.
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by OlujobaSamuel: 4:02pm On Aug 26, 2020
fergie001:

No fresh election....The Tribunal judgement will not stand by virtue of the SC judgement on Kogi yesterday.

I said if upheld.
For the ANDP to benefit from the judgement of the tribunal, the SC would have to affirm the tribunal ruling, if affirmed, there will be a substitution window which only ANDP can't benefit from, that is, even PDP might try not to present Diri whose candidature was the reason the initial election was lost.
I believe the topic is about APC being on the ballot should there be a new election according to the tribunal ruling, if the ruling should stand, APC will have another opportunity at the poll
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by fergie001: 4:14pm On Aug 26, 2020
OlujobaSamuel:
Ok.... Understood.
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by AAA593: 5:11pm On Aug 26, 2020
OlujobaSamuel:

I said if upheld.
For the ANDP to benefit from the judgement of the tribunal, the SC would have to affirm the tribunal ruling, if affirmed, there will be a substitution window which only ANDP can't benefit from, that is, even PDP might try not to present Diri whose candidature was the reason the initial election was lost.
I believe the topic is about APC being on the ballot should there be a new election according to the tribunal ruling, if the ruling should stand, APC will have another opportunity at the poll
APC is not benefiting from ANDP case that will not even stand. ANDP will be added to the election and not along with APC. As far Bayelsa is concerned, APC should prepare for 2023 governorship election.
A similar case like this happened in Anambra in 2015 senatorial election. There's nothing like fresh primaries, nominations and substitutions except by ANDP
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by OlujobaSamuel: 5:18pm On Aug 26, 2020
AAA593:

APC is not benefiting from ANDP case that will not even stand. ANDP will be added to the election and not along with APC. As far Bayelsa is concerned, APC should prepare for 2023 governorship election.
A similar case like this happened in Anambra in 2015 senatorial election. There's nothing like fresh primaries, nominations and substitutions except by ANDP
Will the court or INEC create a special rule to accommodate ANDP? It's still going to be the 30days window if the judgement is upheld. Judgement when specific can't be implied, meaning APC or any other party can't be assumed to be ineligible for a new election should that be the case.
A new election means a new timetable from INEC
Re: Can Apc Participate In A Fresh Election In Bayelsa State? by AAA593: 5:21pm On Aug 26, 2020
OlujobaSamuel:

Will the court or INEC create a special rule to accommodate ANDP? It's still going to be the 30days window if the judgement is upheld. Judgement when specific can't be implied, meaning APC or any other party can't be assumed to be ineligible for a new election should that be the case.
A new election means a new timetable from INEC
grin grin

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