fergie001:

Yes, they did.
The application will also be looked into on Monday.

The factional members allege that the so-called Chairman who filed the case had long been suspended by the Party in December.

Secondly, that they endorsed Diri before the Guber elections and wouldn't have gone back to file a case against him and his party.

Thirdly, that they were unaware of the case in Court.

These are their own statements.....The ANDP Chair will also file his before we know where to go.
LM & UPC have better cases at the Appeal not ANDP.

The Court will decide afterwards.

PS: ....The last person you quoted came into that Supreme Court thread you created and ran away. I saw him but laughed.
On this Bayelsa case, don't reply everyone.

Very unreasonable arguments at this point. Appeal court only concern on legal basis of Lower tribunal. Any new arguments at this point is purely academic exercise.

muykem:
All your questions were already included in my two questions. I am not judge to determine the case.

Your questions didn't answer anything.

muykem:
Very unreasonable arguments at this point. Appeal court only concern on legal basis of Lower tribunal. Any new arguments at this point is purely academic exercise.

When they entertain it on Monday and they don't like it...they will throw it away.

https://www.nairaland.com/6076608/kogi-scourt-dismissed-dpp-suit#93209730

SOURCE

Let us look forward to the LM & UPC appeals...not that of ANDP.
EoD.

AAA593:

Did andp approach the court after inec removed its party logo as required by our constitution? If there is no legal framework backing INEC communications as whether the candidates submitted by political party meet constitutional requirements or not. Then the letter from INEC is just a piece paper that should be thrown into dustbin so party doesn't need to act on it.
Do you need any legal backings to reject an underage candidate? Yes, disqualification in any disguise tantamount to INEC interpret and st thesame time enforcing the law. Why do we need court for a criminal that already confessed to his crime.
Can an underage candidate be validly nominated? Yes until court declared him underage and illegible.
Did you read DPP supreme court judgement against Inec and yaya bello?

Yes. DPP withdrew the case so supreme court didn't listen to parties argument.

muykem:
Yes. DPP withdrew the case so supreme court didn't listen to parties argument.

Bro you're not current o.
The Supreme Court, on Tuesday, fixed August 31 to deliver judgments on two separate appeals that are seeking to nullify the election of Governor Yahaya Bello of Kogi State.

A seven-man panel of Justices of the apex court led by the Chief Justice of Nigeria, CJN, Justice Tanko Ibrahim, okayed the appeals for justice after all the parties adopted their final briefs of argument.

The appeals were brought before the apex court by the Peoples Democratic Party, PDP, and its governorship candidate in the state, Musa Wada, and the Social Democratic Party, SDP, and its candidate, Natasha Akpoti.

The appellants alleged that governor Bello of the All Progressives Congress, APC, was not validly elected by the majority of lawful votes cast.
They prayed the Supreme Court to set aside the concurrent judgments of both the Kogi State Governorship Elections Petitions Tribunal and the Court of Appeal in Abuja, which declined to void the return of governor Bello by the Independent National Electoral Commission, INEC, as a winner of the gubernatorial contest.

Cited as Respondents in both appeals were INEC, governor Bello, and the APC. 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.

Whereas two Justices of the three-member panel tribunal, dismissed the petition by Wada and the PDP, a third member of the panel gave a dissenting judgment that upheld the petition and ordered a fresh election in Kogi State.

In their majority verdict, Chairman of the tribunal, Justice Kashim Kaigama and a member of the panel, Justice Baraka Wali, held that the petitioners failed to by way of credible evidence, substantiate their allegation that governor Bello’s election was not in substantial compliance with both the Constitution and the Electoral Act.

The duo equally agreed that the petitioners were unable to prove any ground of their petition to warrant the nullification of the outcome of the election.

However, in his dissenting judgment, Justice Ohimai Ovbiagele, upheld the petitioners’ case and nullified election results in seven out of the 21 Local Government Areas in the state.

Justice Ovbiagele went ahead and sacked governor Bello by declaring that he was not the winner of the governorship election, having failed to secure the majority of lawful votes and the required constitutional spread.

Meantime, in a unanimous judgment on July 4, the Court of Appeals in Abuja dismissed all the petitions and upheld the verdict of the tribunal that affirmed governor Bello’s election.

A five-man panel of the appellate court led by Justice Adamu Jauro held that the appeals that were lodged by both the PDP and SDP candidates lacked merit.


INEC had on November 18, declared Bello of the APC as the winner of the Kogi governorship election.
She ordered INEC to conduct a fresh election in seven local governments within three months.

The Returning Officer, Ibrahim Garba, who is the Vice-Chancellor of the Ahmadu Bello University, ABU, declared that Bello polled the highest number of votes in the election with 406,222 to defeat Wada of the PDP who scored 189,704 in the election.

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

AAA593:

Bro you're not current o.
The Supreme Court, on Tuesday, fixed August 31 to deliver judgments on two separate appeals that are seeking to nullify the election of Governor Yahaya Bello of Kogi State.

A seven-man panel of Justices of the apex court led by the Chief Justice of Nigeria, CJN, Justice Tanko Ibrahim, okayed the appeals for justice after all the parties adopted their final briefs of argument.

The appeals were brought before the apex court by the Peoples Democratic Party, PDP, and its governorship candidate in the state, Musa Wada, and the Social Democratic Party, SDP, and its candidate, Natasha Akpoti.

The appellants alleged that governor Bello of the All Progressives Congress, APC, was not validly elected by the majority of lawful votes cast.
They prayed the Supreme Court to set aside the concurrent judgments of both the Kogi State Governorship Elections Petitions Tribunal and the Court of Appeal in Abuja, which declined to void the return of governor Bello by the Independent National Electoral Commission, INEC, as a winner of the gubernatorial contest.

Cited as Respondents in both appeals were INEC, governor Bello, and the APC. 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.

Whereas two Justices of the three-member panel tribunal, dismissed the petition by Wada and the PDP, a third member of the panel gave a dissenting judgment that upheld the petition and ordered a fresh election in Kogi State.

In their majority verdict, Chairman of the tribunal, Justice Kashim Kaigama and a member of the panel, Justice Baraka Wali, held that the petitioners failed to by way of credible evidence, substantiate their allegation that governor Bello’s election was not in substantial compliance with both the Constitution and the Electoral Act.

The duo equally agreed that the petitioners were unable to prove any ground of their petition to warrant the nullification of the outcome of the election.

However, in his dissenting judgment, Justice Ohimai Ovbiagele, upheld the petitioners’ case and nullified election results in seven out of the 21 Local Government Areas in the state.

Justice Ovbiagele went ahead and sacked governor Bello by declaring that he was not the winner of the governorship election, having failed to secure the majority of lawful votes and the required constitutional spread.

Meantime, in a unanimous judgment on July 4, the Court of Appeals in Abuja dismissed all the petitions and upheld the verdict of the tribunal that affirmed governor Bello’s election.

A five-man panel of the appellate court led by Justice Adamu Jauro held that the appeals that were lodged by both the PDP and SDP candidates lacked merit.


INEC had on November 18, declared Bello of the APC as the winner of the Kogi governorship election.
She ordered INEC to conduct a fresh election in seven local governments within three months.

The Returning Officer, Ibrahim Garba, who is the Vice-Chancellor of the Ahmadu Bello University, ABU, declared that Bello polled the highest number of votes in the election with 406,222 to defeat Wada of the PDP who scored 189,704 in the election.

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

Did you miss the part where it was stated that the appeal was withdrawn?

garfield1:



Did you miss the part where it was stated that the appeal was withdrawn?

Did you read the part were DPP lawyer was educated about the case being an academic exercise?

garfield1:



Did you miss the part where it was stated that the appeal was withdrawn?

The supreme court has fixed August 31 to deliver judgment on the governorship election of Kogi state.

The Independent National Electoral Commission (INEC) had declared Yahaya Bello of the All Progressives Congress (APC) as the winner of the governorship election held in November.

However, Musa Wada, candidate of the People’s Democratic Party (PDP) challenged Bello’s victory in court.

In a split judgment of two-to-one to delivered on May 23, 2020, the tribunal affirmed Bello’s election.

But on July 4, the court of appeal dismissed Wada’s appeal and affirmed Bello as governor of the state.

The appellate court also dismissed the appeals filed by the Social Democratic Party (SDP), the Actions Peoples Party (APP) and the Democratic Peoples Party (DPP).

Dissatisfied, the parties had approached the apex court seeking to upturn the judgment of the two lower courts.

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.

The panel led by Ibrahim Muhammad, the chief justice of Nigeria (CJN) consequently struck out DPP’s appeal.

Bello polled 406,222 votes to defeat Musa Wada of the PDP who polled 189,704, and Natasha Akpoti of the SDP, who got 9,482.

The governor won in 12 out of the 21 local government areas of the state, according to results announced by INEC.
https://www.thecable.ng/supreme-court-fixes-august-31-for-judgment-on-kogi-guber-poll?__cf_chl_jschl_tk__=199f3f8a4fff32a5642b2d0f844ccdcd275ec3b3-1598365800-0-AbYv6HwtWaZH0RZqf2eh-X959NX2lGTg570p_9z6qE4MYp-7OzFA4RLbaoieOh9oXqSLhFn4Try85eEzWYpSj9im2TOqMjYtmouawnLtCfAtRjL58ftK6rPk4SyLC3cPecsaQVONXurXqYm5BXUPIWQD412IvdxwKafx52RoM_dVStY_Eo0W8EQskutrjdrIDpGhPJsJd_LOcxe-LTqCgirPa_LoGZlsL8G6g6LmD9UpsR8__mYn_L7UzHhuCC3giEuuUxjMQLD3GdSwrZodIz3il4UPBz8bDV9VKcCsvcgZga8A_Pvuzr30pK9wjdM9QvtANO5BTc3Bb-eykpPxXe-2BStL5kawyHCori_Zf_dt

fergie001:

When they entertain it on Monday and they don't like it...they will throw it away.

https://www.nairaland.com/6076608/kogi-scourt-dismissed-dpp-suit#93209730

SOURCE

Let us look forward to the LM & UPC appeals...not that of ANDP.
EoD.

The discussions has just started.it seems you are now reasoning from my viewpoint.with appeal court ruling looming,let me again make state for record purposes that the bayelsa governor cannot escape the 6 cases,one will surely hook him....

The tribunal and inec just like in imo made some mistakes which will hook diri.for instance,the lead judge at the tribunal indirectly agreed that they were discrepancies in the nysc cert.he said that it is not mandatory to submit nysc cert but he forgot that whatever you submit,you are bounded by it.

garfield1:



The discussions has just started.it seems you are now reasoning from my viewpoint.with appeal court ruling looming,let me again make state for record purposes that the bayelsa governor cannot escape the 6 cases,one will surely hook him....

The tribunal and inec just like in imo made some mistakes which will hook diri.for instance,the lead judge at the tribunal indirectly agreed that they were discrepancies in the nysc cert.he said that it is not mandatory to submit nysc cert but he forgot that whatever you submit,you are bounded by it.

Go and read LM, UPU and AD judgements. The issuing institution corrected his nysc certificate. Hook ke

I don't know where you're coming from because those cases will fly and even ANDP case

AAA593:

Go and read LM, UPU and AD judgements. The issuing institution corrected his nysc certificate. Hook ke

I don't know where you're coming from because those cases will fly and even ANDP case

Diri must go.his names had several discrepancies

garfield1:



Diri must go.his names had several discrepancies

garfield1:
The discussions has just started.it seems you are now reasoning from my viewpoint.with appeal court ruling looming,let me again make state for record purposes that the bayelsa governor cannot escape the 6 cases,one will surely hook him....

The tribunal and inec just like in imo made some mistakes which will hook diri.for instance,the lead judge at the tribunal indirectly agreed that they were discrepancies in the nysc cert.he said that it is not mandatory to submit nysc cert but he forgot that whatever you submit,you are bounded by it.

The SC case has helped us with the ANDP's case. The case is now academic.

This is the tribunal judgement;
https://www.google.com/amp/s/www.thisdaylive.com/index.php/2020/08/15/bayelsa-guber-tribunal-dismisses-ad-ucp-lm-petitions-against-diri/amp/

NOTE: The lead judge at no time agreed to any discrepancy.
He said the "ALLEGED discrepancies".........his language.

ALLEGED means;
said, without proof, to have taken place or to have a specified illegal or undesirable quality.


PS: I don't see INEC's mistakes here, because they only tendered documents Lawrence submitted to them.
They didn't argue for or against.

garfield1:
Diri must go.his names had several discrepancies

No be Lawrence again

garfield1:
Did you miss the part where it was stated that the appeal was withdrawn?

Why was it withdrawn?

AAA593.....Also attach this...

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.

The panel led by Ibrahim Muhammad, the chief justice of Nigeria (CJN) consequently struck out DPP’s appeal.

The Cable


AAA593...Very Important....

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.

[url=https://www.google.com/amp/s/punchng.com/kogi-election-supreme-court-fixes-august-31-for-judgment/%3famp=1]PUNCH [/url]

fergie001:
AAA593.....Also attach this...



The Cable

The end

AAA593:

The end

QED.

fergie001:

The SC case has helped us with the ANDP's case. The case is now academic.

This is the tribunal judgement;
https://www.google.com/amp/s/www.thisdaylive.com/index.php/2020/08/15/bayelsa-guber-tribunal-dismisses-ad-ucp-lm-petitions-against-diri/amp/

NOTE: The lead judge at no time agreed to any discrepancy.
He said the "ALLEGED discrepancies".........his language.

ALLEGED means;
said, without proof, to have taken place or to have a specified illegal or undesirable quality.


PS: I don't see INEC's mistakes here, because they only tendered documents Lawrence submitted to them.
They didn't argue for or against.



No be Lawrence again

Paying attention to details is important.in dismissing LM and AD petitions bordering on nysc alteration,the judges said it was a honest mistake by nysc which was corrected but in that of UCP it deviated and claimed nysc is not mandatory.spot the difference.again,it claimed that forgery was not proved by petitioner witnesses.the higher courts might reason differently...

The truth of the matter which you earlier mentioned in February when you were still neutral is that Lawrence submitted a contentious certificate as of last year but quickly got nysc to correct it and coerced inec to replace it before time.we know all these things....
Too many landmines like imo.

fergie001:
AAA593.....Also attach this...



The Cable

I still remember how you mocked me in imo case.

AAA593:

The end

The end of diri

garfield1:
I still remember how you mocked me in imo case.

Let us stay on course....your arguments on Imo was that Ihedioha didn't get the required 2/3-majority....My argument was also that Uche Nwosu himself didn't get the required 2/3- LGA.

All of these were not reasons when the matters came up.

Imo was a technical matter that didn't involve any of the following.
Internet doesn't forget.

fergie001:

Let us stay on course....your arguments on Imo was that Ihedioha didn't get the required 2/3-majority....My argument was also that Uche Nwosu himself didn't get the required 2/3- LGA.

All of these were not reasons when the matters came up.

Imo was a technical matter that didn't involve any of the following.
Internet doesn't forget.

No sir.immediately the appeal court gave judgment,I harped on uzodinma's petition

garfield1:



No sir.immediately the appeal court gave judgment,I harped on uzodinma's petition

And I stood on 2/3-majority because until the SC I never even saw Uzodinma....Who I was seeing was Uche.

That is the reason why you can check past posts...I didn't really comment on Imo at the time.because I didn't have a grasp of the case.

Nwosu was the person I was seeing, not even Hope.

fergie001:

And I stood on 2/3-majority because until the SC I never even saw Uzodinma....Who I was seeing was Uche.

That is the reason why you can check past posts...I didn't really comment on Imo at the time.because I didn't have a grasp of the case.

Nwosu was the person I was seeing, not even Hope.

They just released opuama from detention

garfield1:


They just released opuama from detention

2 days ago....He has to be reporting with his lawyer every week or so.

I still don't know what he is charged with.

fergie001:

2 days ago....He has to be reporting with his lawyer every week or so.

I still don't know what he is charged with.

So you want to pretend that it has nothing to do with his case

garfield1:
Paying attention to details is important.in dismissing LM and AD petitions bordering on nysc alteration,the judges said it was a honest mistake by nysc which was corrected but in that of UCP it deviated and claimed nysc is not mandatory.spot the difference.again,it claimed that forgery was not proved by petitioner witnesses.the higher courts might reason differently...

1. AD didn't appeal.
2. Everyone knows NYSC is not mandatory but does it now prove that he falsified or forged the document?

3. He explained that the alleged discrepancy on Ewhrudjakpo’s certificate was an error that was corrected by the NYSC and was corroborated by the NYSC director, who gave evidence in the matter.

The panel further held that the petitioners also failed to prove their case having not called relevant witnesses.

He therefore dismissed the petition.

The panel gave similar reasons for the dismissal of the UCP and LM petitions.

HOW DID THE PANEL DEVIATE?

Peradventure I am in the wrong & indeed as you said NYSC (a parastatal of the FG BACKED BY LAW) admitted it was their mistake (quoting You) exonerating Lawrence; DSS acting as witness in Court also exonerated the Deputy Governor.....
It has even helped made the case simpler for the Deputy Governor.

Let us assume I am having a case in Court for some alleged discrepancy, and then WAEC comes in and says...It is not his error. It was ours. He had nothing to do with it.
What is your verdict against me as the judge?

The case of forgery is criminal and the onus of proof is on the petitioner.
There are so many citations on this. So so many which you know of.
As of recent, the Supreme Court also dismissed PDP's appeal against Onoja (Kogi Deputy Governor) for the EXACT same reason.
The PDP Alleged he submitted fake documents on his form CF001, but the Court said forgery is criminal in nature and must be proven.
(Don't also forget the case of PDP against Degi was not for forgery).

The truth of the matter which you earlier mentioned in February when you were still neutral is that Lawrence submitted a contentious certificate as of last year but quickly got nysc to correct it and coerced inec to replace it before time.we know all these things....
Too many landmines like imo.

For the bolded, let me assume it is true....wouldn't it be proven?
Would the Judges just follow their hunch?
That he hasn't done.

I had on one thread taken a remarkable volte-face as I had followed a report. I remember that post wasn't on fp.
I later found out who owns that paper....You can make your research as well.

This same report brandished photocopied docs which I based my earlier statements on.
There is not one other place I have seen the docs except on that naijatv sth. Do you disagree?
This is one of them;
https://www.nairaland.com/5700248/fresh-petition-alleges-bayelsa-deputy

garfield1:


So you want to pretend that it has nothing to do with his case

So if it was for the case......Can you tell me what he was charged with?
For filing a case or what!?

fergie001:

So if it was for the case......Can you tell me what he was charged for?
For filing a case or what!?

So why detain him indefinitely without being taken to court? He is even the one that sued the police to court.you can't be detained like that except you stepped on toes.or will you say ayade wasn't responsible for jalingo detention

garfield1:


So why detain him indefinitely without being taken to court? He is even the one that sued the police to court.you can't be detained like that except you stepped on toes.or will you say ayade wasn't responsible for jalingo detention

Following his arrest, he was detained by the police for 20 days before his purported arraignment before a Magistrate’s Court in Zuba, which eventually ordered his remand at the Suleja Correctional Services Centre.
I still haven't seen what he was charged with.

I still don't know his crime. I am not holding brief for anyone but there are better ways to whisk someone and not in the open in Court where he was waiting for the judgement.

Was Jalingo arrested that way?

fergie001:

1. AD didn't appeal.
2. Everyone knows NYSC is not mandatory but does it now prove that he falsified or forged the document?

Peradventure I am in the wrong & indeed as you said NYSC (a parastatal of the FG BACKED BY LAW) admitted it was their mistake (quoting You) exonerating Lawrence; DSS acting as witness in Court also exonerated the Deputy Governor.....
It has even helped made the case simpler for the Deputy Governor.

Let us assume I am having a case in Court for some alleged discrepancy, and then WAEC comes in and says...It is not his error. It was ours. He had nothing to do with it.
What is your verdict against me as the judge?

The case of forgery is criminal and the onus of proof is on the petitioner.
There are so many citations on this. So so many which you know of.
As of recent, the Supreme Court also dismissed PDP's appeal against Onoja (Kogi Deputy Governor) for the EXACT same reason.
The PDP Alleged he submitted fake documents on his form CF001, but the Court said forgery is criminal in nature and must be proven.
(Don't also forget the case of PDP against Degi was not for forgery).


For the bolded, let me assume it is true....wouldn't it be proven?
Would the Judges just follow their hunch?
That he hasn't done.

I had on one thread taken a remarkable volte-face as I had followed a report. I remember that post wasn't on fp.
I later found out who owns that paper....You can make your research as well.

This same report brandished photocopied docs which I based my earlier statements on.
There is not one other place I have seen the docs except on that naijatv sth. Do you disagree?
This is one of them;
https://www.nairaland.com/5700248/fresh-petition-alleges-bayelsa-deputy

You still haven't gotten me.the case is not just about forgery but about submitting false information of fundamental nature to aid his qualification just like in degi's case.the judge in dismissing ucp case claimed that it is not mandatory to submit nysc which is true but forgot that once submitted,it can make or mar you.the judge simply implied that there was discrepancies but used that excuse to dismiss it and also on the grounds of forgery.I think there is a misapprehension.


The bayelsa case was rarely covered,naijatv was the major media covering it.

fergie001:

Following his arrest, he was detained by the police for 20 days before his purported arraignment before a Magistrate’s Court in Zuba, which eventually ordered his remand at the Suleja Correctional Services Centre.
I still haven't seen what he was charged with.

I still don't know his crime. I am not holding brief for anyone but there are better ways to whisk someone and not in the open in Court where he was waiting for the judgement.

Was Jalingo arrested that way?

Jalingo and even sowore were whisked away in worse fashion.what is so hard in admitting that his arrest is politically meditated?