| Re: Defection: Why Umahi, Deputy May Win At Appeal Court by seunmsg(m): 6:34pm On Mar 15, 2022 |
maestroferddi:
lol..
You may do well to stick to what you know...
Barring political interference, this case will prove a no-brainer at the Supreme Court.
When the time comes, you then advise the court on which previous case to cherry-pick...  You’re already giving excuses to cover up for your deficient argument once the case is finally trashed by the Supreme Court. If there was no political interference in Zamfara, Rivers and Bayelsa, why will there be a political interference in Ebonyi? The high court judgement is trash, it cannot withstand any serious appeal. There is absolutely no need for any political interference before the case will be thrown out be the appeal and Supreme Court. |
| Re: Defection: Why Umahi, Deputy May Win At Appeal Court by ThinkSmarter: 8:04pm On Mar 15, 2022 |
kahal29:
https://www.nairaland.com/7030490/defection-why-umahi-deputy-may
In response to the above thread, i strongly believe that Umahi and Deputy will WIN and TRIUMPH at the appeal court. This is because you cannot build something on nothing and expect it to stand.
The case of Amaechi vs Omehia as cited by Sagay does not arise in this instance because that was a Pre-election matter and in this case we neither dealing with a Pre-election matter handled by ordinary courts nor Post-election matter handled by the election tribunals.
Second, the issue before the supreme court in the case of Amaechi vs Omehia was to determine who was the lawful and rightful candidate of the PDP in the said election and the supreme court said it was Amaechi because in the eyes of the law he was never substituted.
However in this case the question is not about who is the candidate in an election but rather what happens to a candidate who participated in an election, won the election, sworn in and later changed party by way of defection of which the Nigerian Constitution is silent on such matters.
Thus, the judgement by Justice Inyang Ekwo cannot stand at the appellate court because like i said earlier 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 and 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 also 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 clearly 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.”
There is also the question of Jurisdiction i.e whether a civil or criminal proceedings can be brought in the case of a sitting Governor covered by immunity clause of the Nigerian constitution.
My humble submission others are free to add theirs You are a brilliant lawman Your clients will be glad to have you as their attorney. |
| Re: Defection: Why Umahi, Deputy May Win At Appeal Court by Spandau: 10:05pm On Mar 15, 2022 |
seunmsg:
At the end of the day, all you could do was throw around empty words. The Supreme Court judgement in AGF vs Atiku is the only relevant precedent in this matter and that’s what will be used to decide the case. Look at how he is talking like he has some crystal ball to see the future. So self absorbed! |
| Re: Defection: Why Umahi, Deputy May Win At Appeal Court by rolams(m): 11:35pm On Mar 15, 2022 |
YOU HAVE NO POINT AT ALL. See this simple reason below.
Why was Yahaya Bello the governor of Kogi state in his first tenure? Was he a candidate in the election?
Was there any provision for Yahaya Bello to be governor in the constitution?
The answer is NO!
Therefore, you have no point because the political party is the sole sponsor of any candidate and therefore, no candidate is bigger than the party.
The party is in need of her mandate! |
| Re: Defection: Why Umahi, Deputy May Win At Appeal Court by rolams(m): 11:42pm On Mar 15, 2022 |
jimter44:
Any judgment passed by the supreme court invariably becomes law. The supreme court has on many occasions held that the votes belong to the political party. The case of PDP (James Faleke) vs APC (Yahaya Bello) is even recent. The Ebonyi people voted for PDP on 9/03/19. How come in 2021 to date is APC that is in power in the state? If the votes belong to the candidate, gov Umahi has the right to take his votes to any political party. You can't take another party mandate and give another party. I believe, Ebonyians voted for umahi because he was in the PDP and if he was in APC, they wouldn't have voted for him. Simple! |
| Re: Defection: Why Umahi, Deputy May Win At Appeal Court by rolams(m): 11:48pm On Mar 15, 2022 |
seunmsg:
So, which section of the constitution says a governor should be removed from office after defection? The governor is not to be removed, only that the party that won the election is requesting for her mandate! 1 Like |
| Re: Defection: Why Umahi, Deputy May Win At Appeal Court by kahal29: 3:09pm On Apr 01, 2022 |
The Appellate Court in an unanimous judgement delivered by a three-man Panel (Justices A O Belgore, J O K Oyewole and Sybil Nwaka-Gbagi), held that, the defection of a political office holder may appear immoral, but it was not the duty of the Court to embark on investigation or probe into the provisions of the laws, warning that judicial activism must not be turned into judicial rascality.
The Appellate Court further held that there is no provision in sections 180, 188 or 189 of the 1999 constitution as amended, that empowers the Court to remove either a seating governor or the deputy.
According to the learned Justices, defection of an office holder is not novel to Nigeria’s judicial jurisprudence
Umahi vs Ogboji, 2022
PDP's case is next.... |
| Re: Defection: Why Umahi, Deputy May Win At Appeal Court by JONNYSPUTE(m): 4:27pm On Apr 01, 2022 |
maestroferddi:
Stop embarrassing yourself, ogbeni.
Go and read the judgement and see the grounds adduced by the judge to arrive at his verdict.
Most legal experts a senior constitutional lawyers agree that the judgement is impeccable both in law and in fact.
Why is Umahi running from pillar to post since the verdict was given if he thinks it is a frivolous judgement?
I have no doubt that his legal team have told him that he will go through the fire to pull the chestnuts out.
It is plain simple-mindedness to suggest that a judge of Ekwo's standing would expose himself to ridicule by giving an offhand judgement in a matter he knows would elicit serious scrutiny.
A wise man does not dismiss the opponent's strength: He acknowledges them and prepares to overcome them... .... You dey see am abi? Lol. If another appeal court says otherwise it will amount to them shooting their leg and it will be detrimental to the judiciary so like I told you,Umahi is not going anywhere. |
