It was all a waste of time by ANDP.

fergie001:

Wrong.
The ANDP said its candidate was validly nominated but was unlawfully excluded.
INEC, PDP & Diri argued against it.
The Court will not look at the prayers of one and leave the arguments of the other.


The ANDP Chairman during cross-examination openly said the case isn't about disqualification but about unlawful exclusion. He said so himself.

Issues about disqualification, substitution, nomination & sponsorship of a candidate for election are all pre-election matters, and cannot be handled by the tribunal.

Section 285(14)c explains so very well.




garfield1

It is settled law that the powers to exclude or disq lies with the courts not inec....

The electoral act has also extended the powers of tribunals to include qualification and disq.dont forget last weeks ruling on patigi

garfield1:


It is settled law that the powers to exclude or disq lies with the courts not inec....

The electoral act has also extended the powers of tribunals to include qualification and disq.dont forget last weeks ruling on patigi

You are not getting it.
ANDP didn't file for disqualification but for unlawful exclusion.
Lawful exclusion is allowed where there is no valid nomination.
APP, DPP v INEC, APC & Yahaya Bello.

Cases of disqualification are pre-election matters, that was why they hid under unlawful exclusion.
The Appeal Court is now saying...it is symbiotic in nature, i.e. one and the same.

Nope....Section 285(14)c killed it.
The Constitution is supreme in any discussion when in contention with the Electoral Act.


I saw the Pategi case now.....it is on criminal nature of certificate forgery, it has nothing to do with his election.
Anyone can file a criminal case against anyone.
https://www.independent.ng/court-dismisses-certificate-forgery-charge-against-lawmaker/?utm_source=&utm_medium=twitter

If he had lost....there will be another election.

TheTrueSeeker2:



You need to be properly guided on legal matters

INEC has guidelines, if and when you decide to willfully go against those guideline you face the consequences.

Oga inec as a body is just like a police force which as no right to judge and conveint a suspect, but who cash the suspect? Is the police,who saw him stealing is the police, but they dont still have the power to call that suspect a thief.

fergie001:

You are not getting it.
ANDP didn't file for disqualification but for unlawful exclusion.

Cases of disqualification are pre-election matters.

We discussed this before.both disq and unlawful exclusion are post election cases

fergie001:

You are not getting it.
ANDP didn't file for disqualification but for unlawful exclusion.
Lawful exclusion is allowed where there is no valid nomination.
APP, DPP v INEC, APC & Yahaya Bello.

Cases of disqualification are pre-election matters, that was why they hid under unlawful exclusion.
The Appeal Court is now saying...it is symbiotic in nature, i.e. one and the same.

Nope....Section 285(14)c killed it.
The Constitution is supreme in any discussion when in contention with the Electoral Act.

There is no contention.it is an extension.it is same as saying the constitution recognizes manual voting while electoral act also recognizes card readers.no contradiction

garfield1:


We discussed this before.both disq and unlawful exclusion are post election cases

In the case of AC & Ngige v INEC & Maurice Iwu;

Abdu Aboki (JCA) who read the lead judgement;
Issues surrounding nomination, substitution, Disqualification and sponsorship of candidates are all pre-election matters.

Now Democracy will be under Threat

SmartProf:
The South South is now 100% PDP, but the truth remains that a political party platform has no significant effect on how a governor chooses to develop his state. If not for the sake that many Nigerians are obsessed with party loyalty, performance from leaders is what is uttmost not which party has won or lost. Congrats to Gov. Diri.

you are totally right. Party loyalty, our bane. Reason our leaders are using the citizens heads to play table tennis. We the masses are not wise at all

SilverNorGold:
Things have gotten way better under this administration. No unnecessary political interference unlike the previous administrations.

God bless Nigeria.

How did oshiomole got his mandate?
How did Peter obi fort his mandate?
Try to be a Nigerian for once not a diasporic Nigerian

Check out the last match Cristiano Ronaldo played in Real Madrid
https://www.youtube.com/watch?v=kILpodMopW4

garfield1:


There is no contention.it is an extension.it is same as saying the constitution recognizes manual voting while electoral act also recognizes card readers.no contradiction

There is....
138 (1) An election may be questioned on any of the following grounds, that Grounds of petition is to say-

(d)that the petitioner or its candidate was validly nominated but was unlawfully excluded from the election.

This is section 285(14)c:
For the purpose of this section, “pre-election matter” means any suit by –

a political party challenging the actions, decisions or activities of the Independent National Electoral Commission disqualifying its candidate from participating in an election or a complaint that the provisions of the Electoral Act or any other applicable law has not been complied with by the Independent National Electoral Commission in respect of the nomination of candidates of political parties for an election, timetable for an election, registration of voters and other activities of the Commission in respect of preparation for an election”


Look at both very well

garfield1:


Gbam.I thought as much.

SENATORDAVE1 WHATS UP!

fergie001:

In the case of AC & Ngige v INEC & Maurice Iwu;

Abdu Aboki (JCA) who read the lead judgement;
Issues surrounding nomination, substitution, Disqualification and sponsorship of candidates are all pre-election matters.

In buhari vs atiku,issues of disq was recognized as post election cases.

mosdii:


INEC has guidelines yes for sure, but powers to disqualify no it doesn't.

It has been stated clearly by the Apex court that INEC has no power to disqualify or exclude a candidate or party from contesting an election.

Jamb and universities who gives admission?
If u fail jamb test can u be offered admission in any university?
Inec has guidelines, once u err in those guidelines u can't proceed to the next stage.
This should explain better.

The Supreme Court Governor survives.

Today it is victory for democracy. The judges are courageous.

SilverNorGold:
Things have gotten way better under this administration. No unnecessary political interference unlike the previous administrations.

God bless Nigeria.

yinmu, buhari is a Terrorist

TheTrueSeeker2:
The judiciary is working...!!!

when it favours you guys

APC can not take any state in SS. To plant apc mole in SS like Imo in SE will be a tough hurdle. No one want apc anylonger. No one want billions looters and evil party again.

A party with president who is so unpresidential nothing in him represent light ad forwardness we dont want such party again in all levels.

And u call the other supreme court Gov'r?

Johnnyessence:
miracle Governor diri is a goal.

mosdii:


This is what we care about, a particular political party. prioritising development for a political party because of our political affiliation.

No wonder we are where we are today and will remain so.

Says a man that voted for Buhari

Fear of sanctions is resetting people's brain

Especially if you have stolen wealth abroad

SilverNorGold:


No unnecessary interference. This administration is simply the best.

God bless Nigeria.

Keep deceiving yourself

fergie001:

There is....
138 (1) An election may be questioned on any of the following grounds, that Grounds of petition is to say-

(d)that the petitioner or its candidate was validly nominated but was unlawfully excluded from the election.

This is section 285(14)c:
For the purpose of this section, “pre-election matter” means any suit by –

a political party challenging the actions, decisions or activities of the Independent National Electoral Commission disqualifying its candidate from participating in an election or a complaint that the provisions of the Electoral Act or any other applicable law has not been complied with by the Independent National Electoral Commission in respect of the nomination of candidates of political parties for an election, timetable for an election, registration of voters and other activities of the Commission in respect of preparation for an election”


Look at both very well

You sold yourself short again.the electoral act is talking about exclusion while the constitution is talking about disq

mosdii:
This is laughable.

What are the prayers of ANDP?
The ANDP was after its exclusion and not proving if its candidates were validly nominated or qualified.

Bottom line, INEC has no power to disqualify a party from participating in an election because it doesn't screen candidates of parties contesting an election.


Nigerian judiciary is a mess.

Why do you people like confusion and crisis. This case was also analysed here in Nairaland. First, the ANDP candidate was not qualified to contest as a governor on the account of age. INEC, even wrote to the party informing the that the candidate they submitted wasn't qualified being less than the statutory age of 35 years or so .The party ignored INEC saying that they had no power to disqualify an "under age" aspirant. Now, the candidate of ANDP wants to become governor through the back door.
What a joke!

garfield1:


In buhari vs atiku,issues of disq was recognized as post election cases.

Section 31 of the Electoral Act is also in conflict to Section 138(1)a.

garfield1:


You sold yourself short again.the electoral act is talking about exclusion while the constitution is talking about disq

The majority judgement made same mistake...let me point out.

or a complaint that the provisions of the Electoral Act or any other applicable law has not been complied with by the Independent National Electoral Commission in respect of the nomination of candidates of political parties for an election
READ THESE LINES.

SmartProf:
The South South is now 100% PDP, but the truth remains that a political party platform has no significant effect on how a governor chooses to develop his state. If not for the sake that many Nigerians are obsessed with party loyalty, performance from leaders is what is uttmost not which party has won or lost. Congrats to Gov. Diri.

and what do they have to show for it since 1999

Congrats miracle Governor

Supreme court will do give the governor a lifeline soon