initial gra-gra.

I know you will be a very stupid Idio*t for calling names first but I must tell you, am in Benue and must put it to you that Ortom defected to PDP in the third year of his first Tenure (in 2018 precisely) and stay in power more than one year before his re-election in 2019

ovie8200:



If you must know Mr. Olodo, Ortom ran his second term under PDP just like what Obasaki did in Edo stated and not under APC evil......

Aonkuuse:
I know you will be a very stupid Idio*t for calling names first but I must tell you, am in Benue and must put it to you that Ortom defected to PDP in just two years into his first Tenure and stay in power for almost two years before his re-election in 2019

So, why didn't APC not smart enough to approach the court before he ran his second term under PDP. Well, that's too late now. PDP is smart and wise. Cross River and Zafarra states are next. Especially that Ayade of Cross River stated must be pooping and peeing on himself with leg shaking of what might be his faith too.

Was the court not approached??, the case was thrown out even at the supreme court. Oh so because Ortom is from PDP you just grant him a waiver?? You are not just objective in your reasoning, all I know is that Umahi is not going anywhere, I will still remind you when he completes his 8 years.

ovie8200:


So, why didn't APC not smart enough to approach the court before he ran his second term under PDP. Well, that's too late now. PDP is smart and wise. Cross River and Zafarra states are next. Especially that Ayade of Cross River stated must be pooping and peeing on himself with leg shaking of what might be his faith too.

What was the prayer of APC when they approached the court? Was it after his reelection the Supreme Court threw it out? You said he defected in the 3rd year out of 4, clearly no time to adjudicate the matter

Aonkuuse:
Was the court not approached??, the case was thrown out even at the supreme court. Oh so because Ortom is from PDP you just grant him a waiver?? You are not just objective in your reasoning, all I know is that Umahi is not going anywhere, I will still remind you when he completes his 8 years.

Abi e Don dey clear for his eyes. Efulefu

So according to you, justice is limited to time??

DMerciful:
What was the prayer of APC when they approached the court? Was it after his reelection the Supreme Court threw it out? You said he defected in the 3rd year out of 4, clearly no time to adjudicate the matter

This will help to grow our democracy. Let’s put a final stop to all cross carpeting.

eeetuk:
Itse Sagay : But I definitely know there will be an appeal on that ground that there is no specific mention of that in the consti­tution”.

I agreed 100% with Mr. Itse Sagay that this case will be appealed by the losing parties: governor Umahi and the lawmakers. But on what ground? There is nothing strategic ambiguity here.
Definitely, i cannot see this judgement overturned by the Supreme court execept that, in Nigeria, judges are in court to make money. The 1999 constitution of Nigeria clearly and cleverly clarified what would happened if an elected official defected from one party to another.

So, is the Supreme court going to say both the constitution and the trial judge are wrong?
I pray it does not happen because it will be an attempt by the Supreme court to end the practice of democracy in Nigeria.
But I will be watching!

See you cannot build something on nothing expect it to stand. The question the higher court will try to answer is _ Which defection law backed this judgment?

The judge simply went on judicial voyage and according to supreme court in the case of Attorney General of the Federation V. Abubakar (2007) 10 NWLR (part 1041) 1. At page 124 of the report, Justice Onnoghen set down the position thus:

It is the constitutional responsibility of the legislature to make or amend the laws including the constitution, where the need arises, while that of the judiciary remains to interpret and apply the laws so made or amended. The courts can therefore not add or subtract from the law as enacted by the legislature under the guise of judicial interpretation of the constitution or statute…”

In this instant case

“There is nowhere in the 1999 Constitution where it is stated that the President or Vice President of the Federal Republic of Nigeria shall be removed or is removable from that office if he defects from the political party on whose platform he was elected to that office and joins another political party.”

Judges are now the king makers, you said votes belong to a political party but in the case of Bayelsa state the votes belong to the governor and deputy governor whom had error in his name and the vote were transferred to the PDP, in this case the vote now belong to the party no longer the candidate.

Umahi na mumu man. He said he won't obey the junction but wants to appeal the junction. He is such a misguided fellow. He stole the mandate and gave it to APC. The people voted for PDP. OBASEKI, Bello should be look into too. OBASEKI should have resigned as a governor before decamping. Ize-Iyamu may be coming.

kahal29:
The judgement erroneously relied on Section 221 of the 1999 Constitution (as amended) as well as the judgment of the Supreme Court in Faleke v. INEC.

Unfortunately, the Supreme Court decision in Faleke v. INEC does not relate to the consequence of the defection of a governor from one political party to the other. A more apt instance will be the Atiku Abubakar scenario wherein Atiku Abubakar as Vice President, elected under the PDP, defected to the then Action Congress.

The position of the Supreme Court was reported as Attorney General of the Federation V. Abubakar (2007) 10 NWLR (part 1041) 1. At page 124 of the report, Justice Onnoghen set down the position thus:

“There is nowhere in the 1999 Constitution where it is stated that the President or Vice President of the Federal Republic of Nigeria shall be removed or is removable from that office if he defects from the political party on whose platform he was elected to that office and joins another political party.”

It is the constitutional responsibility of the legislature to make or amend the laws including the constitution, where the need arises, while that of the judiciary remains to interpret and apply the laws so made or amended. The courts can therefore not add or subtract from the law as enacted by the legislature under the guise of judicial interpretation of the constitution or statute…”

Secondly the case of Amaechi vs Omehia does not apply here cos it is a pre election matter/case.

so is justice Ekwo right here?

Aonkuuse:
I know you will be a very stupid Idio*t for calling names first but I must tell you, am in Benue and must put it to you that Ortom defected to PDP in the third year of his first Tenure (in 2018 precisely) and stay in power more than one year before his re-election in 2019

You would have taken him to court then...

You will obey when the judgement favoured you but disobey when it didn't favour you.
Don't appeal the case and see if you will not be driven out of the government house.
Governors behave as if they owned their respective states.

kahal29:
The judgement erroneously relied on Section 221 of the 1999 Constitution (as amended) as well as the judgment of the Supreme Court in Faleke v. INEC.

Unfortunately, the Supreme Court decision in Faleke v. INEC does not relate to the consequence of the defection of a governor from one political party to the other. A more apt instance will be the Atiku Abubakar scenario wherein Atiku Abubakar as Vice President, elected under the PDP, defected to the then Action Congress.

The position of the Supreme Court was reported as Attorney General of the Federation V. Abubakar (2007) 10 NWLR (part 1041) 1. At page 124 of the report, Justice Onnoghen set down the position thus:

“There is nowhere in the 1999 Constitution where it is stated that the President or Vice President of the Federal Republic of Nigeria shall be removed or is removable from that office if he defects from the political party on whose platform he was elected to that office and joins another political party.”

It is the constitutional responsibility of the legislature to make or amend the laws including the constitution, where the need arises, while that of the judiciary remains to interpret and apply the laws so made or amended. The courts can therefore not add or subtract from the law as enacted by the legislature under the guise of judicial interpretation of the constitution or statute…”

Secondly the case of Amaechi vs Omehia does not apply here cos it is a pre election matter/case.

The supreme court is wrong the court does make laws .. by expansive interpretation.. or vice versa..

philasine:
Judges are now the king makers, you said votes belong to a political party but in the case of Bayelsa state the votes belong to the governor and deputy governor whom had error in his name and the vote were transferred to the PDP, in this case the vote now belong to the party no longer the candidate.

In that case of the bayelsa you mentioned, APC is not supposed to participate in that election because they don't have a candidate, the running mate of their candidate has fault and that rubs on the joint ticket.
It's just like gaining admission in a university with faulty certificate, the University will later find out at the third or fourth year of study, will you say the University should allow the person to graduate because he or she have spend money or time studying to get to that level? It's automatic lost of studentship.

YEYE!EXCERCISE IN FUTILITY!NA FOM COURT TO COURT DEM GO DEY TILL 29TH MAY 2023!!

This a lesson every other politicians could learn, you cannot cut the hand that feeds, why must he make those who crownd him to look stuipid. Now he had been sacked, let his new party (APC) vote him inn come next election period

And just a few weeks ago, politicians that refused to defect with the Governor in the state were crying out that their emoluments were being withheld on orders to coerce them into compliance like say na confra. Little did they know that God was only saving them from becoming debtors to the state accounts! I wonder when Nigerian politicians will realize that power is a fickle thing! Just like that, Umahi by his own hands has become a victim of his own hubris. We are of a truth living in interesting times in dis obodo Nigeria!

Osanoghodua1:
Umahi na mumu man. He said he won't obey the junction but wants to appeal the junction. He is such a misguided fellow. He stole the mandate and gave it to APC. The people voted for PDP. OBASEKI, Bello should be look into too. OBASEKI should have resigned as a governor before decamping. Ize-Iyamu may be coming.

What nonsense are you interpreting? OBASEKI contested under PDP for second term

How about the other governor that decamp?

This is quite a nice development for me in the Politics of Nigeria, a sitting Governor should know that defecting from a party that campaigned, funded and voted for you to emerge the Governor shouldn't be thrown in the dustbin and moreover, the people of the state also voted this same party because they have interest as well that the party will perform better than another party.

How can Umahi outsmart a whole PDP in Ebonyi and also outsmart the people of Ebonyi State thinking he has arrived.

This ruling should also be extended to every other sitting Governor who has defrauded his party and his people by moving to another party. Nigeria should get sense but force ...

Maxymilliano:
Amaechi VS Omehia 2007.

Votes casted at elections belong to the political party and not the candidate.

Sir Celestine Omehia was removed from office in October 2007 after holding office for five months. The supreme court at that time ruled that he usurped Mr Amaechi's ticket for the election and accordingly should be handed back to the rightful candidate in the eyes of the law.

On this ground, Justice Inyang Ekwo's ruling is sound.

Amaechi issue had to do with him being replaced by Omehia after he won the primary. And I think Supreme Court said no precedence should be set with that judgment.

Is like a case of destroying the ground on which you are planted and putting your trust in strange bed fellows.
If judgement such as this can be regular, maybe it will deter any political prostitute from playing with the peoples mandate.

Now, this is not the first time a governor will be de-camping with the mandate of the people to another party and you want to continue to enjoy that position.

Umahi should go and find who and who in APC he has offended. Meanwhile, Bubu is not around to intervene so he is on his own.

kahal29:
The judgement erroneously relied on Section 221 of the 1999 Constitution (as amended) as well as the judgment of the Supreme Court in Faleke v. INEC.

Unfortunately, the Supreme Court decision in Faleke v. INEC does not relate to the consequence of the defection of a governor from one political party to the other. A more apt instance will be the Atiku Abubakar scenario wherein Atiku Abubakar as Vice President, elected under the PDP, defected to the then Action Congress.

The position of the Supreme Court was reported as Attorney General of the Federation V. Abubakar (2007) 10 NWLR (part 1041) 1. At page 124 of the report, Justice Onnoghen set down the position thus:

“There is nowhere in the 1999 Constitution where it is stated that the President or Vice President of the Federal Republic of Nigeria shall be removed or is removable from that office if he defects from the political party on whose platform he was elected to that office and joins another political party.”

It is the constitutional responsibility of the legislature to make or amend the laws including the constitution, where the need arises, while that of the judiciary remains to interpret and apply the laws so made or amended. The courts can therefore not add or subtract from the law as enacted by the legislature under the guise of judicial interpretation of the constitution or statute…”

Secondly the case of Amaechi vs Omehia does not apply here cos it is a pre election matter/case.

I just don't know what Umahi's lawyer was doing - he focused his attention on the jurisdiction of the court. A young lawyer should be able to drag this judge out.

Sagay should not have cited the Amaechi's case here.

Why are they so serious in this matter, assuming it was a snake that stole money, they wouldn't have taken it seriously.

jeffizy:
A mandate belongs to a party as the principal and followed by the candidate who runs on a party's ticket.

It's about time all the cross carpeting like snake and lizards came to an end.

But umahi is not the first to do so.....what of Amaechi when he was rivers governor and Ben Ayade

The only Institution that can correct the shenanigans of these politicians is Supreme Court. Make one of these defected Governors a scapegoat, others will sit tight.

Nigerians are just too emotional and sentimental. If it's pdp, it's ok ,if it's apc it's not ok. Let's all follow the side of the law. Donald trump of America has contested election under Democratic party and Republican and won election under republican. If cross carpeting is allowed in America ,then is it small Nigeria.

Aonkuuse:
You that read the constitution, why did the court not sack Ortom of APC when he defected to PDP with APC mandate It's clear that judge has a flag of PDP. Was it not recently the house reject the bill of removal from office due to cross-carpeting??

kahal29:
The judgement erroneously relied on Section 221 of the 1999 Constitution (as amended) as well as the judgment of the Supreme Court in Faleke v. INEC.

Unfortunately, the Supreme Court decision in Faleke v. INEC does not relate to the consequence of the defection of a governor from one political party to the other. A more apt instance will be the Atiku Abubakar scenario wherein Atiku Abubakar as Vice President, elected under the PDP, defected to the then Action Congress.

The position of the Supreme Court was reported as Attorney General of the Federation V. Abubakar (2007) 10 NWLR (part 1041) 1. At page 124 of the report, Justice Onnoghen set down the position thus:

“There is nowhere in the 1999 Constitution where it is stated that the President or Vice President of the Federal Republic of Nigeria shall be removed or is removable from that office if he defects from the political party on whose platform he was elected to that office and joins another political party.”

[b]It is the constitutional responsibility of the legislature to make or amend the laws including the constitution, where the need arises, while that of the judiciary remains to interpret and apply the laws so made or amended. The courts can therefore not add or subtract from the law as enacted by the legislature under the guise of judicial interpretation of the constitution or statute…”[/b]

Secondly the case of Amaechi vs Omehia does not apply here cos it is a pre election matter/case.

what this judge has done is to extend to governors a provision which is specifi­cally addressed to National Assembly. This is judicial legislation and is unconstitutional.

The principle that if you are elected on the platform of one party, you shouldn’t change to another party without resigning is a good one. I think it was an unfortunate omission that the governors were not included. I agree with the judge that the same principle applies, both as a principle of law and morality.

What l'm saying in essence above is that in as much as the principle upon which the judge based his judgement is a good one, it is not within the jurisdiction of the court/judiciary to legislate laws...that's the purview of the Legislature.

Osanoghodua1:
Umahi na mumu man. He said he won't obey the junction but wants to appeal the junction. He is such a misguided fellow. He stole the mandate and gave it to APC. The people voted for PDP. OBASEKI, Bello should be look into too. OBASEKI should have resigned as a governor before decamping. Ize-Iyamu may be coming.

APC was in crisis when Obaseki defected, and he defected with a faction of APC which is allowed in the same law that was used to judge this case.

Moreover all that is past, Obaseki contested as a PDP governor and is currently serving his term as a PDP governor.