Christistruth00:



Sugaba’s Mother was undisputedly from Maiduguri

That was what quenched the Case.

fergie001:

The tribunal said its powers was to determine whether a person elected to the Office of the President was validly elected and not to query the qualification of the petitioners to have contested the election, whose outcome was being queried.
(Going back to pre-election)

The court said the APC ought to have filed a cross-petition if it sought to challenge the qualification of the 1st petitioner (Atiku) to have contested the election.

Justice Garba Mohammed ruled that the application lacks merit as Mr Abubakar met the constitutionally required provisions to be regarded a Nigerian.

The court said the APC should have used the energy spent on attempting to prove Mr Abubakar’s nationality to filing other issues before the tribunal.

https://www.pmnewsnigeria.com/2019/09/11/tribunal-says-atiku-qualifies-as-nigerian/


Yes...that his grandparents from his father's side are from Sokoto.

It means that his father is also from Sokoto.

His mother?
The 1st Petitioner’s mother, Aisha Kande was the grand-daughter of Inuwa Dutse who came to Jada as an itinerant trader too from Dutse in present day Jigawa State.

garfield1:
The major point is that the tribunal had no powers to determine his nationality and it is left to the civil courts to decide so any addition or judgment made hereafter is null since it is not vested with the powers to do so...the case remain undecided.

The question was to decide if atiku was a Nigerian by birth and not just any Nigerian as justice lawal wrongly implied. He should have said on face value atiku is qualified barring the final decision on his citizenship by birth...

There is still no iota of proof to show that atiku is a Nigerian by birth or his grandparents haul from sokoto.we will soon find out sha

Penguin2:
I am not a lawyer but having followed a lot of legal tussles and red a lot of legal judgments, I think I'm informed enough to speak in matters of jurisprudence.

When Atiku's case of citizenship was first mentioned in 2019, we laughed it off as a joke. But the case has been dusted up again with the Attorney General of the Federation deposing to an affidavit in support of the case. That's some big case there, men. You have brought a good issue for discussion. 1 The Atiku citizenship waspreanted at the.PEFT and it was struck out ..Then APCand it's legal luminaries did not appeal it at the asupreme court.The ApC or Antorey General has slept on their his or their right to pursue the court .So bringing it now is a waste ilof time and null and void .2 Atiku was born in old Northern Cameroon which has become part of Nigeria through 1961 plebiscite.Atiku therefore is retroactively a Nigerian citizen.Where he was part is now in Nigerian map as Adaamawa State. I'm my opinion there is no meeting any case concerning Atiku qualification and place of birth.

Now, having taken time to read through the arguments and counterarguments of counsels in the case, I am tempted to admit that the case has MERIT.

The law is bitch. And has no place for our feelings and sentiments no matter how loud we shout.

There are some few things we need to highlight:-

First, the Constitution of the Federal Republic of Nigeria, 1960, 1963, 1979 and 1999, explicitly stated, without any form of ambiguity or equivocation, in sections 26 and 27, that anyone aspiring to be President or even Vice President of Nigeria must be a "CITIZEN BY BIRTH".

Second, it is true and without contest, that Atiku was born in 1946 in what was then Northern Cameroon. However, by the plebiscite of 1961, Northern Cameroon voted to become part of Nigeria. By which time Atiku's parents had died. So it therefore means that Atiku is a citizen of Nigeria by "PLEBISCITE" and not by "BIRTH".

Third, the argument that the case is absurd because Atiku had been a commissioned officer of the Nigerian Customs, the Governor of Adamawa and ultimately the Vice President of the Federal republic, is flawed. Because that Atiku has never been challenged all these times does not make his being challenged now absurd or illogical or illegal. In worst case scenario, if this case succeeds, he will possibly be stripped of the privileges he enjoys for all those heights he has gotten to because he got there in error and on wrong foundation.

Well, these are just my thoughts and analysis of the matter. What's yours?

Note: I'm a PDP apologist and if anything, I'm rooting for PDP to repeat the 2019 Atiku/Obi ticket. This is purely reason taking precedence over sentiments. I said this so you contribute constructively and not see this piece as an anti-Atiku campaign.

Penguin is a bird of reason!

Cc:

Mynd44
Fergie001
Kyase
Garfield1
Ejimatic

Penguin2:
I am not a lawyer but having followed a lot of legal tussles and red a lot of legal judgments, I think I'm informed enough to speak in matters of jurisprudence.

When Atiku's case of citizenship was first mentioned in 2019, we laughed it off as a joke. But the case has been dusted up again with the Attorney General of the Federation deposing to an affidavit in support of the case. That's some big case there, men.

Now, having taken time to read through the arguments and counterarguments of counsels in the case, I am tempted to admit that the case has MERIT.

The law is bitch. And has no place for our feelings and sentiments no matter how loud we shout.

There are some few things we need to highlight:-

First, the Constitution of the Federal Republic of Nigeria, 1960, 1963, 1979 and 1999, explicitly stated, without any form of ambiguity or equivocation, in sections 26 and 27, that anyone aspiring to be President or even Vice President of Nigeria must be a "CITIZEN BY BIRTH".

Second, it is true and without contest, that Atiku was born in 1946 in what was then Northern Cameroon. However, by the plebiscite of 1961, Northern Cameroon voted to become part of Nigeria. By which time Atiku's parents had died. So it therefore means that Atiku is a citizen of Nigeria by "PLEBISCITE" and not by "BIRTH".

Third, the argument that the case is absurd because Atiku had been a commissioned officer of the Nigerian Customs, the Governor of Adamawa and ultimately the Vice President of the Federal republic, is flawed. Because that Atiku has never been challenged all these times does not make his being challenged now absurd or illogical or illegal. In worst case scenario, if this case succeeds, he will possibly be stripped of the privileges he enjoys for all those heights he has gotten to because he got there in error and on wrong foundation.

Well, these are just my thoughts and analysis of the matter. What's yours?

Note: I'm a PDP apologist and if anything, I'm rooting for PDP to repeat the 2019 Atiku/Obi ticket. This is purely reason taking precedence over sentiments. I said this so you contribute constructively and not see this piece as an anti-Atiku campaign.

Penguin is a bird of reason!

Cc:

Mynd44
Fergie001
Kyase
Garfield1
Ejimatic

fergie001:


Yes, it has to be Civil courts because it is pre-election.
However, the APC brought it to the tribunal and it was appropriately struck out and with reasons.

However, with that pronouncement...it is already difficult for the lower Court.

Justice Garba Mohammed ruled that the application lacks merit as Mr Abubakar met the constitutionally required provisions to be regarded a Nigerian.


Who should the iota of proof fall on?

The settled position.of the law is that the party making such allegations must lead or profer credible evidence in order to sustain the allegation as a prelude to the grant of the reliefs sought thereupon.

The Petitioners have the task to prove the allegations beyond any reasonable doubt. They must rely on the strength of their own case and not on the weakness of the Respondents.

Penguin2:
I am not a lawyer but having followed a lot of legal tussles and red a lot of legal judgments, I think I'm informed enough to speak in matters of jurisprudence.

When Atiku's case of citizenship was first mentioned in 2019, we laughed it off as a joke. But the case has been dusted up again with the Attorney General of the Federation deposing to an affidavit in support of the case. That's some big case there, men.

Now, having taken time to read through the arguments and counterarguments of counsels in the case, I am tempted to admit that the case has MERIT.

The law is bitch. And has no place for our feelings and sentiments no matter how loud we shout.

There are some few things we need to highlight:-

First, the Constitution of the Federal Republic of Nigeria, 1960, 1963, 1979 and 1999, explicitly stated, without any form of ambiguity or equivocation, in sections 26 and 27, that anyone aspiring to be President or even Vice President of Nigeria must be a "CITIZEN BY BIRTH".

Second, it is true and without contest, that Atiku was born in 1946 in what was then Northern Cameroon. However, by the plebiscite of 1961, Northern Cameroon voted to become part of Nigeria. By which time Atiku's parents had died. So it therefore means that Atiku is a citizen of Nigeria by "PLEBISCITE" and not by "BIRTH".

Third, the argument that the case is absurd because Atiku had been a commissioned officer of the Nigerian Customs, the Governor of Adamawa and ultimately the Vice President of the Federal republic, is flawed. Because that Atiku has never been challenged all these times does not make his being challenged now absurd or illogical or illegal. In worst case scenario, if this case succeeds, he will possibly be stripped of the privileges he enjoys for all those heights he has gotten to because he got there in error and on wrong foundation.

Well, these are just my thoughts and analysis of the matter. What's yours?

Note: I'm a PDP apologist and if anything, I'm rooting for PDP to repeat the 2019 Atiku/Obi ticket. This is purely reason taking precedence over sentiments. I said this so you contribute constructively and not see this piece as an anti-Atiku campaign.

Penguin is a bird of reason!

Cc:

Mynd44
Fergie001
Kyase
Garfield1
Ejimatic

Blue3k:
Nope it sounds really stupid. A former vice president not a citizen and nobody knew. If Atiku not a citizen most of adamawa people arent either by that logic.



What a stupid arguement. He would still be a citizen by plebiscite either way because he was born b4 the entity.

Christistruth00:



If Atiku’s hometown is in Nigeria then he is Nigerian

And if he was Nigerian enough to be Vice President he can run for President

fergie001:
Penguin2

This case was filed before the 2019 Presidential Election. A Superior Court (acting as a tribunal) had dutifully dispatched this case earlier, however, the High Court has some jurisdiction. The tribunal is a Special Court with limited jurisdiction (post-election).

The High Court in itself is vested with unlimited jurisdiction and can see to this case.

The issue here surrounds Section 131(a) on the qualification to contest the Office of the President:

..he is a citizen of Nigeria by birth


Who is a Nigerian citizen by birth?

(a) Every person born in Nigeria after the date of independence (October 1, 1960), either of whose parents or any of whose grandparents belongs or belonged to a community indigenous to Nigeria;

Provided that a person shall not become a citizen of Nigeria by virtue of this section if neither of his parents nor any of his grandparents was born in Nigeria.

(b) Every person born outside Nigeria either of whose parents is a citizen of Nigeria.

(2) In this section, "the date of independence" means the 1st day of October 1960. (Section 25 of the 1999 Constitution)

ISSUES TO BE DETERMINED!

1. It is incontrovertible that whilst his mother is from Jada (or Jigawa as some claim), Atiku's father was a Fulani trader from Sokoto. Can the FG disprove that?

2. Can we say the same for Nnamdi Azikiwe (born 1904) or Awolowo (born 1909) been Nigerians when there was no Nigeria at the time. Will Section 131 had affected them?
Will they have been Nigerians by amalgamation?

Many might argue that, a plebiscite is even more Democratic than what we went through in the name of AMALGAMATION, WILL THEY BE WRONG?

There is a well-celebrated case which simply summarises all of this.....

Shugaba Darman vs Federal Minister of Internal Affairs and Ors (1980)

Darman was a force to reckon with in Northern Nigeria at the time. He was a charismatic politician who attracted large crowds at political rallies, the crowds were drawn to his speeches in which he criticized the ruling NPN government of Shagari.
He was co-founder of the GNPP.

A hurriedly set-up tribunal by Shagari claimed he hailed from Chad and was a "prohibited immigrant", hurriedly tried him, and deported him to his supposed village in Chad.

He went to the High Court in Maiduguri arguing that his mother was from Maiduguri and alive. Nonetheless, the FG brought in a witness who claimed to be Darman'smother from Chad, crying in Court that she wanted her lost son to come home.
Darman denied knowing the woman.

The High Court in Maiduguri awarded damages, revoked the deportation order and insisted Darman was a citizen of the Country by birth. The FG appealed at Kaduna, and the Court of Appeal awarded damages and dismissed the appeal.

The Supreme Court concurred with the lower Courts.


I believe this settles this case.



It was struck out.

Kebbiprince:

An idiotic write up,. Is Atiku the only one from that part of Cameroon that joined Nigeria, and is that LGA not receiving allocation with LGA chairmen. Nonsense and stupid writer

ejimatic:
You have brought a good issue for discussion. 1 The Atiku citizenship waspreanted at the.PEFT and it was struck out ..Then APCand ittslegal luminaries did not appeal it at the asupreme court.The ApC or Antorey General has slept on their his or their right to pursue the court .So bringing it now is a waste ilof time and null and void .2 Atiku was born in old Northern Cameroon which has become part of Nigeria through 1961 plebiscite.Atiku therefore is retroactively a Nigerian citizen.Whereit is was part is now in Nigerian map as Adaamawa State. I'm my opinion there is no need for any case concerning Atiku qualification and place of birth.

Penguin2:


Are you sure there's no case?

As someone conversant with law, you know that the phrase "by birth" is weighty before the law. And if the letters of the law is to be followed, then you will agree that Atiku cannot retroactively qualify as citizen of the entity "Nigeria" by birth but by plebiscite which the constitution does not make provision for.

udemzyudex:


What exactly do you want?
what are you trying to achieve?

I'm just curious.

Penguin2:


The Shugaba Darman case is funny. Lol.

Thank you for giving this clarification to the topic.

I am not gonna argue with you anyway but I still think this case can swing either side and no one can really say the Judge gave an erroneous judgment.

And politically, I think this is a ploy to disqualify Atiku and there's nothing anyone can do about it if FG goes ahead with it.

If they succeeded in illegally sacking the CJN, then there's no extent they can't go to get the result they want.

ejimatic:
You have brought a good issue for discussion. 1 The Atiku citizenship waspreanted at the.PEFT and it was struck out ..Then APCand ittslegal luminaries did not appeal it at the asupreme court.The ApC or Antorey General has slept on their his or their right to pursue the court .So bringing it now is a waste ilof time and null and void .2 Atiku was born in old Northern Cameroon which has become part of Nigeria through 1961 plebiscite.Atiku therefore is retroactively a Nigerian citizen.Whereit is was part is now in Nigerian map as Adaamawa State. I'm my opinion there is no need for any case concerning Atiku qualification and place of birth.

Penguin2:


Understanding, clarity, knowledge.

Penguin2:


Seems you have cognitive deficiency...

Or the topic of discourse is too vast for you to comprehend?

We are not talking about the apparatus of govt being there, them receiving allocation and all.

And the citizenship by "BIRTH" of those from that area, who were born after 1961, is not in doubt.

The matter of discourse here is if those born before the region that was initially part of Cameroon decided by plebiscite to be part of Nigeria, qualify to be called Nigerian citizens by "BIRTH" which is the constitutional requirement for anyone that wants to run for the office of president.

Meanwhile, see lawyers up there analyzing the case but you decided to talk out of point.

I hope I've helped your ignorance?

Penguin2:


Are you sure there's no case?

As someone conversant with law, you know that the phrase "by birth" is weighty before the law. And if the letters of the law is to be followed, then you will agree that Atiku cannot retroactively qualify as citizen of the entity "Nigeria" by birth but by plebiscite which the constitution does not make provision for.