Tareq1105:


If you remove the 17 Honourables, then you swear in the 17 who came second in 2019 election and incidentally they're original APC. No be the same?

Then on Umahi, he cannot be removed bcoz the judgement is not based on any section of either the Nigeria constitution or Electoral Act or judicial precedent. The judge just decided to go on sabbatical judicial travel.

it is not the same......there will be byelections and you can be sure PDP has a home in SE.

udemzyudex:


Voted by the people under which party?

PDP or APC?

Which party did he campaign with? Who gave him the ticket to run under their party?

It's called the VEHICLE or PLATFORM he rode into power on. However the people voted a man whose name was on the ballot and not the party symbol

If votes belong to the candidate and not the party, then why was APC declared the winner of of one of the Abuja area councils in the recent local government elections in Abuja. As at the time of the announcement of results, APC had no official candidate.

These law makers don't want to make law concerning this defection issue because is favouring almost all of them .whether PDP is right or wrong, I want this one to choke umai, to be lesson for those who will do the same tomorrow and also ginger law makers to quickly enact a law that will stop this evil defection of thing because whether you agree to me or no,this defection of thing is the genesis of corruption, bad leadership we are facing in this country.


If there is nothing like defection, APC members will not be fooling themselves now because they will see their party as their body system and know how to take care of it for good record, not planing to defect to another party after spoiling the previous party

Tareq1105:


If you remove the 17 Honourables, then you swear in the 17 who came second in 2019 election and incidentally they're original APC. No be the same?

Then on Umahi, he cannot be removed bcoz the judgement is not based on any section of either the Nigeria constitution or Electoral Act or judicial precedent. The judge just decided to go on sabbatical judicial travel.

The judge just decided to go on sabbatical judicial travel

Tareq1105:


If you remove the 17 Honourables, then you swear in the 17 who came second in 2019 election and incidentally they're original APC. No be the same?

Then on Umahi, he cannot be removed bcoz the judgement is not based on any section of either the Nigeria constitution or Electoral Act or judicial precedent. The judge just decided to go on sabbatical judicial travel.

People who came second in the PDP primaries will be sworn in the Judgment is clear, let's not over flog this issue, the Judge was right, there was no Faction in the party before he defected and the constitution only said except for electoral reasons you cannot remove a sitting governor, this is clearly an electoral case and not a civil case

Tareq1105:


President, Vice President, Governors, dep Gov can only be removed on 3 grounds:

Death
Pre Election matters
Impeachment.

Are you okay now?

But the lawmakers can be removed unless if they can proof that there was crisis in the Party.

I don't know where PDP is bringing a replacement from.

Your point are valid to some extent, if he came on a plan state without stain then, the three point of removing him is valid. But in this case the basic foundation is already faulty ie by leaving the party of which he became a gov. Then the three points if removing him will not stand .
Let a paint a picture for you, it is said that whoever get to the top of a ladder can't fall or remove, the question will not be how did he get to the top of the ladder, when he didn't climd from the bottom? So you must first deal with the problem of how he start climbing the ladder before you talk of removing from the top or not.
As for the party replacement they will pick the second runner-up from the party primary.

kahal29:


https://dailypost.ng/2022/03/09/umahis-sack-why-govs-cant-be-removed-from-office-for-defecting-nnamdi-kanus-lawyer-ozekhome/

https://www.thisdaylive.com/index.php/2022/03/09/unlike-zamfara-court-sacks-umahi-igwe-16-lawmakers-says-votes-belong-to-party/

I know Mike is simply eyeing the position to lead umahi's legal team on appeal

Throwback:
Was there a different constitution when Ortom decamped from APC to PDP with the Benue governorship?

What stopped APC from approaching the court? The way some of you talk without reasoning is alarming. Even if you go to court, it is what you present to the judge he will work with.

Minime10:


I know Mike is simply eyeing the position to lead umahi's legal team on appeal

You just spoke my mind. Since no election case till 2023. Guy man is hoping to cash out

kahal29:


https://dailypost.ng/2022/03/09/umahis-sack-why-govs-cant-be-removed-from-office-for-defecting-nnamdi-kanus-lawyer-ozekhome/

https://www.thisdaylive.com/index.php/2022/03/09/unlike-zamfara-court-sacks-umahi-igwe-16-lawmakers-says-votes-belong-to-party/

MAYBE U WANT HIM TO RETAIN YOU AS LEAD COUNSEL...

WHAT HAPPENED IN RIVERS BETWEEEN OMEHIA AND AMAECHI? DID AMAECHI CONTEST? OMEHIA USED PDP PLATFORM TO WIN ON THE PREMISE THAT PDP WON, NOT OMEHIA AND SINCE AMAECHI WAS ERRONEOUSLY REMOVED AS PDP FLAG BEARER, HE WAS THE CORE OWNER OF THE MANDATE. AND HE GOT IT.
DONT TWIST THE LAW TO SUIT YOUR INTEREST.

UMAHI WAST A PARTY FLAG BEARER, HE DIDNT CONTEST AS AN INDEPENDENT. PEOPLE VOTED PARTY ON BALLOTS, NOT UMAHI. PARTY REPS AND OBSERVERS WERE FOR THE PARTY, NOT UMAHI... WHEN RESULTS WERE CALLED, PDP WON,AND SO, UMAHI, WHO WAS UNDER PDP, WON.
SO WHY DUMP THE VEHICLE AND MACHINERY THE LAW AND INEC KNEW YOU WITH TO JUMP SHIP AND STILL WANT TO MAINTAIN STATUS QUO? MORALLY, DOES IT MAKE SENSE?

/
It boils down to what the people after him want. His case will be used as legal precedence and reference in future. What law in the Constitution was used to impose Uzodinma on Imo people? People can only make educated guesses but the shot-callers will always have their way.

/

Igbofam:


It's called the VEHICLE or PLATFORM he rode into power on. However the people voted a man whose name was on the ballot and not the party symbol

You didn't answer the question.

Throwback:
Was there a different constitution when Ortom decamped from APC to PDP with the Benue governorship?

My dear sometimes I don't know whether it's the Constitution that is confusing or the judges. Even in an exam one can be seen copying while not copy from other judgements if he's confused

Stanfeelings:

MAYBE U WANT HIM TO RETAIN YOU AS LEAD COUNSEL...

WHAT HAPPENED IN RIVERS BETWEEEN OMEHIA AND AMAECHI? DID AMAECHI CONTEST? OMEHIA USED PDP PLATFORM TO WIN ON THE PREMISE THAT PDP WON, NOT OMEHIA AND SINCE AMAECHI WAS ERRONEOUSLY REMOVED AS PDP FLAG BEARER, HE WAS THE CORE OWNER OF THE MANDATE. AND HE GOT IT.
DONT TWIST THE LAW TO SUIT YOUR INTEREST.

UMAHI WAST A PARTY FLAG BEARER, HE DIDNT CONTEST AS AN INDEPENDENT. PEOPLE VOTED PARTY ON BALLOTS, NOT UMAHI. PARTY REPS AND OBSERVERS WERE FOR THE PARTY, NOT UMAHI... WHEN RESULTS WERE CALLED, PDP WON,AND SO, UMAHI, WHO WAS UNDER PDP, WON.
SO WHY DUMP THE VEHICLE AND MACHINERY THE LAW AND INEC KNEW YOU WITH TO JUMP SHIP AND STILL WANT TO MAINTAIN STATUS QUO? MORALLY, DOES IT MAKE SENSE?

U even went the long way of use uppercase letter to write dis thing after all dis analysis since yesterday. Is that u don't learn fast or sentiment beclouds ur reasoning?

Wetin dey do this one that is a guguru & groundnut SAN?
He is shouting ‘APPELATE DECISION’ like a kindergarten lawyer.
Is the appeal court not lower than the supreme court that ruled in the Ameachi & Yahaya Bello cases that the votes belong to the party & not the individual
Also, why does the constitution not accommodate INDEPENDENT CANDIDATURE if it is individuals & not party that the law accrues votes to?!

Does the nigerian constitution provide any room for independent candidates to contest elections?

kahal29:
This is the correct position of the law. The judgement by Justice Inyang can't stand at the appellate court because you cannot build something on nothing and expect it to stand.

Which defection law in our constitution did justice Inyang base his judgement on?

The judge simply embarked on judicial voyage and activism to create a new law which does not exist.

The Supreme court in plethora of cases frowns at such adventure. 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…”

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 also stated in Attorney General of the Federation V. Abubakar (2007) 10 NWLR (part 1041) 1 where Justice Onnoghen held 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.”

So how did yahaya bello became govr of kogi state?
Why didnt this same law apply to that case?
Why did yahaya bello inherit the votes the dead candidate had instead of transferring those votes to his deputy who was on a joint ticket with him?

See there r 2laws i have Nigeria, laws for one section of people and another law for other section.

Kingpele:
Wow coming from pdp lawyer wahala deyoo I kept telling myself ,is it not the candidate that was returned as winner, is it the party,he returning officer will say Mr this and that having pulled the highest number of vote is hereby returned as a winner, that judge should refund pandemic development party their stollen funds and proceed to any psychiatric hospital

Why didnt deputy governorship candidate of apc not inherit the late governor's vote after he died?
Can u explain...