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Disqualification Suit: Soludo Learns Fate On November 30 - Politics (3) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Disqualification Suit: Soludo Learns Fate On November 30 (33394 Views)

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Re: Disqualification Suit: Soludo Learns Fate On November 30 by Joetttimua1811(m): 2:53pm On Nov 17, 2021
Abeg make Dem park well
Re: Disqualification Suit: Soludo Learns Fate On November 30 by chrisxxx(m): 2:57pm On Nov 17, 2021
ILoveDemMANNA:





The Youths are talking
The kindergarten has spoken.

3 Likes

Re: Disqualification Suit: Soludo Learns Fate On November 30 by CoolAmbience(m): 3:02pm On Nov 17, 2021
YeyeGbami:
They don start, they wan give fourth runner up the position.


It is not true.

Buhari no send Andy Uba.

It is Soludo all the way!
Re: Disqualification Suit: Soludo Learns Fate On November 30 by cosmos1440: 3:05pm On Nov 17, 2021
In the suit marked FHC/ABJ/CS/711/2021, the plaintiffs claimed that Soludo indicated in the affidavit that he was contesting the Aguata 2 Constituency seat when, in fact, he was contesting the Anambra governorship seat.

A whole professor making this type of unpardonable mistake.

Tufiakwa !!!

1 Like

Re: Disqualification Suit: Soludo Learns Fate On November 30 by AlphaT1(m): 3:08pm On Nov 17, 2021
PrinceOfLagos:
Should anything go wrong with Soludo's mandate , then PDP Ezigbo, will be next governor of Anambra state because he came second .
Have you forgotten that the Supreme Court's governor of Imo State was number 4 (not even 2nd)?
Re: Disqualification Suit: Soludo Learns Fate On November 30 by garfield1: 3:10pm On Nov 17, 2021
fergie001:
I think Soludo will scale through but that is a very very calamitous error.

How will he scale through? The question for determination are are the plaintiffs clothed with locus? Was the suit filed within time? Ius the information fundamentally false?
Re: Disqualification Suit: Soludo Learns Fate On November 30 by garfield1: 3:11pm On Nov 17, 2021
chrisxxx:
Fatal error. Soludo may be gone. You cant be given what you have not contested for.

True...so let soludo win abeg
Re: Disqualification Suit: Soludo Learns Fate On November 30 by Penguin2: 3:12pm On Nov 17, 2021
fergie001:

It isn't...

He erroneously applied for a different seat as alluded by his attorney, Onyechi Ikpeazu SAN. This is what Soludo's attorney said:

Lawyer for APGA and Soludo, Onyechi Ikpeazu (SAN), argued that the suit was without merit and that the court lacked jurisdiction.

Ikpeazu contended that error in an affidavit cannot be a basis to disqualify a candidate from election, noting that the false information contemplated in Section 31 of the Electoral Act was criminal in nature.


It is a dangerous error and INEC doesn't have the power to disqualify any candidate, only the Courts.

However, I believe with the right technicality he will scale through....we saw this in APC v Obaseki and AGI v PDP.


Val Ozigbo should be getting ready to become governor of Anambra state. Thank God it was him who came second.

You can’t give Soludo what he did not contest for.

But it’s still up to the courts sha!
Re: Disqualification Suit: Soludo Learns Fate On November 30 by fergie001: 3:13pm On Nov 17, 2021
garfield1:
How will he scale through? The question for determination are are the plaintiffs clothed with locus? Was the suit filed within time? Ius the information fundamentally false?
1st Question : Yes
2nd Question: I don't know, not stated.
3rd Question: Not fundamental in nature.

Onyechi Ikpeazu SAN was the lawyer to PDP in the Ayade/Agi case.

Ikpeazu contended that error in an affidavit cannot be a basis to disqualify a candidate from election, noting that the false information contemplated in Section 31 of the Electoral Act was criminal in nature.

The SC upheld this argument in toto.

3 Likes

Re: Disqualification Suit: Soludo Learns Fate On November 30 by baralatie(m): 3:13pm On Nov 17, 2021
Make I book space!
Re: Disqualification Suit: Soludo Learns Fate On November 30 by mascotman(m): 3:14pm On Nov 17, 2021
PrinceOfLagos:
Should anything go wrong with Soludo's mandate , then PDP Ezigbo, will be next governor of Anambra state because he came second .
ANYTHING IS POSSIBE IN NIGERIA, A CASE OF IMO STATE... shocked
Re: Disqualification Suit: Soludo Learns Fate On November 30 by chrisxxx(m): 3:17pm On Nov 17, 2021
Organs:

How come INEC has his name on the ballot? This was an error that will just merely be corrected. The people of Anambra wants Soludo and he has won, end of story.
Soludo wound have gone to correct his mistake with an affidavit. The law is not sympathetic to our mistakes and it is not emotional to our thoughts.

2 Likes 1 Share

Re: Disqualification Suit: Soludo Learns Fate On November 30 by fergie001: 3:24pm On Nov 17, 2021
Penguin2:


Val Ozigbo should be getting ready to become governor of Anambra state. Thank God it was him who came second.

You can’t give Soludo what he did not contest for.

But it’s still up to the courts sha!
It will be strange for Soludo to lose the case....I don't think he will
Re: Disqualification Suit: Soludo Learns Fate On November 30 by johnmartus(m): 3:25pm On Nov 17, 2021
Lawyer for APGA and Soludo, Onyechi Ikpeazu (SAN), argued that the suit was without merit and that the court lacked jurisdiction.

Ikpeazu contended that error in an affidavit cannot be a basis to disqualify a candidate from election, noting that the false information contemplated in Section 31 of the Electoral Act was criminal in nature.


How this man got his san is what left me in a state of surprised.
Re: Disqualification Suit: Soludo Learns Fate On November 30 by afamaustin(m): 3:27pm On Nov 17, 2021
How can the make such mistake
Re: Disqualification Suit: Soludo Learns Fate On November 30 by whitedove(m): 3:31pm On Nov 17, 2021
candidbabe:
I dismantle every gang up of the enemies against soludo in the mighty name of Jesus Christ amen.

It shall be well with you my governor.
Whom the Lord has blessed no man can curse.
It is done in Jesus name.
Re: Disqualification Suit: Soludo Learns Fate On November 30 by garfield1: 3:32pm On Nov 17, 2021
fergie001:

It isn't...

He erroneously applied for a different seat as alluded by his attorney, Onyechi Ikpeazu SAN. This is what Soludo's attorney said:

Lawyer for APGA and Soludo, Onyechi Ikpeazu (SAN), argued that the suit was without merit and that the court lacked jurisdiction.

Ikpeazu contended that error in an affidavit cannot be a basis to disqualify a candidate from election, noting that the false information contemplated in Section 31 of the Electoral Act was criminal in nature.


It is a dangerous error and INEC doesn't have the power to disqualify any candidate, only the Courts.

However, I believe with the right technicality he will scale through....we saw this in APC v Obaseki and AGI v PDP.



In obaseki vs apc,there was no fundament error.there were errors but not fundamental in nature.what the framers of the law imply us that the falsification actually aided his qualification and if you remove it,he would stand disq...if you remove obaseki bsc and afriinvest doc,he will still be qualified....

In ayade's age,he supplied different ages and if you remove them,he will still fall within 40 years.so they dont apply.in the eyes off the law,,he did not partake in anambra elections.only wole olanipekunn has the skillset to save soludo...

Such well decided cases like agi vs ayade and apc vs obaseki do not apply.. See atolaggbe vs shorun 1985...
A case is an authority for what it decides... See pdp vs inec 2018 supra per Rhodes vivour jsc
Re: Disqualification Suit: Soludo Learns Fate On November 30 by garfield1: 3:32pm On Nov 17, 2021
johnmartus:
Lawyer for APGA and Soludo, Onyechi Ikpeazu (SAN), argued that the suit was without merit and that the court lacked jurisdiction.

Ikpeazu contended that error in an affidavit cannot be a basis to disqualify a candidate from election, noting that the false information contemplated in Section 31 of the Electoral Act was criminal in nature.


How this man got his san is what left me in a state of surprised.

The man is incompetent
Re: Disqualification Suit: Soludo Learns Fate On November 30 by johnmartus(m): 3:35pm On Nov 17, 2021
If soludo wise enough now he need to stop that man from handling the case.
garfield1:


The man is incompetent
Re: Disqualification Suit: Soludo Learns Fate On November 30 by garfield1: 3:36pm On Nov 17, 2021
fergie001:

Very true but when you consider Agi v PDP...You discover the Courts usually don't go down that route at the expense of 177 & 181.

In Agi's case, he said it was human error from his aides.
Obaseki said the photocopier machine was not clear enough.
Soludo's own might be that his aides were carried away, you know!

Sorry sir,the aforementioned errors are not fatal.this one is fatal.it is akin to what happened in osun tribunal...see diri vs degi 2020 supra
Re: Disqualification Suit: Soludo Learns Fate On November 30 by JaySterling: 3:37pm On Nov 17, 2021
Soludo is gone

Such a costly mistake !!!

This one na pure village people

1 Like

Re: Disqualification Suit: Soludo Learns Fate On November 30 by garfield1: 3:41pm On Nov 17, 2021
fergie001:

1st Question : Yes
2nd Question: I don't know, not stated.
3rd Question: Not fundamental in nature.

Onyechi Ikpeazu SAN was the lawyer to PDP in the Ayade/Agi case.

Ikpeazu contended that error in an affidavit cannot be a basis to disqualify a candidate from election, noting that the false information contemplated in Section 31 of the Electoral Act was criminal in nature.

The SC upheld this argument in toto.

This same ikpeazu was pdp lawyer in imo...you cannot determine what is fundamental, only the courts can decide.you already said this case is criminal in nature.this is not a minor error.the court in ayade vs agi said that even if ayade provided a fake age,his real age as stated by agi was within the range.
Re: Disqualification Suit: Soludo Learns Fate On November 30 by PoliteActivist: 3:41pm On Nov 17, 2021
PrinceOfLagos:
Should anything go wrong with Soludo's mandate , then PDP Ezigbo, will be next governor of Anambra state because he came second Penguin2
.

No necessarily. Uzodinma came a distant 4th!
Re: Disqualification Suit: Soludo Learns Fate On November 30 by Omicron007: 3:42pm On Nov 17, 2021
[s]
ILoveDemMANNA:
Anambrans are waiting
[/s]

Who elected you as mouthpiece of Anambrarians?

No matter what happens, that devilish bloodsucking demon of a Party called APCriminals would never enter Agu Awka!

1 Like

Re: Disqualification Suit: Soludo Learns Fate On November 30 by fergie001: 3:43pm On Nov 17, 2021
garfield1:
In obaseki vs apc,there was no fundament error.there were errors but not fundamental in nature.what the framers of the law imply us that the falsification actually aided his qualification and if you remove it,he would stand disq...if you remove obaseki bsc and afriinvest doc,he will still be qualified....
The case brought forth against Obaseki was falsification on the nomination forms right?
Good.

In ayade's age,he supplied different ages and if you remove them,he will still fall within 40 years.so they dont apply.in the eyes off the law,,he did not partake in anambra elections.only wole olanipekunn has the skillset to save soludo...
The case here was falsification on the nomination forms right?
Good.

Such well decided cases like agi vs ayade and apc vs obaseki do not apply.. See atolaggbe vs shorun 1985...
A case is an authority for what it decides... See pdp vs inec 2018 supra per Rhodes vivour jsc
How then is this falsification wrong?

Let me help you by leaving the unanimous decision of the Supreme Court Judges in Agi v PDP & 2 Ors;

A community reading of Section 31(2), (5) and (6) of the Electoral Act in the purview of Section 177(b) and 182(1) of the Constitution reveals that the intention of the law makers is not to disqualify a candidate based on any alleged false declaration in the nomination forms, rather the laws were made to disqualify any candidate who makes false declaration in order to gain advantage of the constitutional requirement

The Supreme Court went on;

By the provision of Section 31(5) of the Electoral Act, the position of the law is well established that, where a candidate makes a false declaration in his form CF001, a person aggrieved may seek redress. However, the purport of Section 31(5) is not designed to disqualify a candidate who is otherwise qualified to contest the relevant election under the 1999 Constitution of the Federal Republic of Nigeria. I seek to say further that even in situations where a governorship candidate makes inconsistent statement in his form CF001 and such a candidate is nevertheless qualified to contest the election under the provisions of Section 177(b) of the Constitution, he will not withstanding the inconsistencies in his form, be disqualified to contest the election.

The Supreme Court went on;

I have restated earlier in this judgment also that the nature of the allegation lodged against the 3rd respondent by the appellant is firmly rooted in criminality and which must be proved beyond reasonable doubt as rightly held by the lower Court.
In proving beyond reasonable doubt, it is not enough for an appellant or plaintiff to demonstrate the act of falsification, it is also incumbent on him to establish that the act was intentional. In other words that it was done with the intention to gain an advantage by the alleged act of criminality.


The Supreme Court made all these statements.
I will be waiting for your rebuttal. (kahal29/vicdom/ejimatic).
Re: Disqualification Suit: Soludo Learns Fate On November 30 by pafra(m): 3:46pm On Nov 17, 2021
Dikaveli:
Very costly mistake,

From what inec lawyer said.. I am sorry for soludo and his camp

Something fishy is about to go down

If you agree it was a costly mistake, which I also share same view. Why do you have to contradict yourself by saying something is fishing.

It was soludo and his party that made the mistake the opposition are taking advantage of the mistake.

It is straight forward case what so ever come out of this should be soludos responsibility to bear.

Do not attached any political mean to it. Ipob will always blame buhari for everything

2 Likes

Re: Disqualification Suit: Soludo Learns Fate On November 30 by Freebills12: 3:47pm On Nov 17, 2021
Some of us talks like we have not seen Osun State addressed as state of Osun... All the saga that went with it, as Soludo no leave no transfer... We all know this

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