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Full Text Of The Supreme Court Judgement On Lawan Vs Machina - Politics (4) - Nairaland

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Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by AntonVince: 1:23pm On Feb 14, 2023
Reinaldo:
APC has been a calamity. These systems they are fiddling with will take decades to fully recover.

APC is basically destroying our future and the future of our children with their selfish interests. This nonsense must be stopped this month at the presidential polls.

Many of these people will not be alive in 20 years time but the problems they are creating will still be killing Nigerians long after that. Vote APC out now!!!

God bless you!
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by baralatie(m): 1:25pm On Feb 14, 2023
SmartyPants:


By reference to the constitition of the party.
Now what does the constitution of the party say about multiple elections and validity of it's internal selection.you will be surprised to see all manner of holes

It is because if these holes that politicians take advantage of in court
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by ManOfSon: 1:51pm On Feb 14, 2023
Terrible writing from one of the more respected judges of that court. It's really bad when you have a full paragraph that's just one long-running, inelegant sentence. The first skill any judge should have is the ability to write clearly, concisely in a manner that's intelligible even to non-lawyers. But there are impostors everywhere you look in Nigeria.
Greenscientist:
Hit like if you can't read this thing.
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by garfield1: 2:26pm On Feb 14, 2023
Ekpekus:

Then the 1st position automatically goes to the 2nd person.


Yes in nornal elections but not so in primaries
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by garfield1: 2:28pm On Feb 14, 2023
fergie001:
He has denied it.

Onyejeocha called him a mole.

We passed through aro to ukwa
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by garfield1: 2:28pm On Feb 14, 2023
SporaD8:

How else am I supposed to defends my doctorate thesis, if I don't read it?!

Whet were your findings
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by garfield1: 2:29pm On Feb 14, 2023
Iolo:


I see. It’s very likely to me that should Lawan win the loser will raise the legality of the primaries up in court as a point of appeal.

The matter is over.it is a pre election matter and can only be raised by an aspirant in apc before the elections

1 Like

Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by Eketem: 2:36pm On Feb 14, 2023
They didn't pronounce Lawal though.
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by Eketem: 2:39pm On Feb 14, 2023
ojoadeola:
To the court

- Machina accused APC of forgery and it must be proved, but he failed to prove it
- The election of Bashir Sheriff, Alhaji Bashir Sheriff, Bashir Sheriff Machina, and Bashir Sherrif were not one and the same. There is a need to confirm which of the Bashirs was nominated and elected.
- The election held on May 28 2022 was not for Yobe North Senatorial seat but for ZONE C, which was not known to law. So, Bashir Sheriff Machina or any other person nominated at that election cannot claim to be nominated for Yobe North Senatorial Seat
- The election held on 9 June 2022, though not observed by INEC, is valid as the committee given the task had earlier given that day for a revised election for the Yobe North Senatorial election.
- All the documents purported to be submitted or alleged to be from APC for the election were unsigned and undated, including the result sheet. And in law, such unsigned and undated documents are not counted or accepted as valid documents
- Citing different cases from Nigeria to England, and to some African countries, the court stated that the preliminary court and appellate courts were wrong in not accessing both the fulcrum of the case as per forgery and others. For that, the judgements given by the lower courts were set aside and the appeal of the APC was sustained.

Actions
- Any name submitted by APC should be recognised
- Machina can still correct any errors in his name and affidavit, but time has elapsed for such matter to be reviewed by the lower courts. It is over!
- The Court did not deny Machina his mandate, but he failed to prove beyond reasonable doubt that the mandate belongs to him. The court will not give you a property that bears your name but you are not the rightful owner


My Take

- The Supreme Court is not to blame, as the alternate decision for a review of the cases is already time-bound and elapsed
- When pursuing a Court case, employ sound and technical savvy lawyers to help you prosecute your case
- Review the existing laws to make sure that the owner of a property is not denied his rights due to technicalities
- Where statutes or cases are time-bound, the law can give the Supreme Court the right to make a pronouncement for an extension, if necessary

Que Sera Sera


Sound review, why his Lawyers didn't do basic work is sad and shocking
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by ubox: 2:41pm On Feb 14, 2023
Iolo:
Disgraceful judgement to say the least. How is it fair or equitable to ignore the merit of a case and base a judgement on a technicality that can’t be faulted to Machina. Does this mean a murder suspect is to be set free because the prosecution appealed using the wrong process?

The Supreme Court judges need to stop these technicality based judgements and give judgements that the lower courts can learn from and refer to. It’s appalling no one can predict how the Supreme Court will judge a case as their judgements are no longer based on the law but in the technicality of court rules and processes.
It happens : https://www.google.com/url?sa=t&source=web&rct=j&url=https://nypost.com/2022/04/28/bronx-shooters-murder-charges-dismissed-on-technicality/amp/&ved=2ahUKEwi95aDkkZX9AhWvQvEDHSgWDtEQFnoECBEQAQ&usg=AOvVaw0Wgo7PJsR63HDJYmE1MqPi

1 Like

Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by Guyman01: 2:43pm On Feb 14, 2023
shugagurl:

May God raise someone to assist you and may divine help locate you IJN

You create a Moniker for begging, then use another Moniker to emotionally blackmail people into sending money to your account daily. Ozuo like you
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by BigBizzy(m): 2:47pm On Feb 14, 2023
I no dey read judgement wey them buy
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by Ekpekus(m): 3:08pm On Feb 14, 2023
garfield1:



Yes in nornal elections but not so in primaries
Pls explain
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by garfield1: 3:10pm On Feb 14, 2023
Ekpekus:

Pls explain

According to the electoral act,once a winner in an election is disq,the first runner wins but in primaries either the party loses or the party sends another name or there is fresh elections depending on the prayers
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by fergie001: 3:25pm On Feb 14, 2023
garfield1:


Onyejeocha called him a mole.

We passed through aro to ukwa
Himself & OUK!

They are backing another Candidate against her.
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by garfield1: 3:30pm On Feb 14, 2023
fergie001:
Himself & OUK!

They are backing another Candidate against her.


The majority judgment is trite and impeccable.you cannot put something on nothing.JSC nweze will succeed kudirat ekun
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by fergie001: 3:34pm On Feb 14, 2023
garfield1:


The majority judgment is trite and impeccable.you cannot put something on nothing.JSC nweze will succeed kudirat ekun
He has a PhD in Law but his judgements are always voluminous. His wife is also a Judge or Magistrate in Enugu.

He was part of the panel at the Appeal Court that affirmed Aregbesola against Oyinlola.

He cannot succeed Kekere-Ekun, same age but Inyang Okoro is his senior.
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by baralatie(m): 3:34pm On Feb 14, 2023
The writ of summons shall contain the name and place of abode of the plaintiff and of the defendant so far as they can be ascertained; it shall state briefly and clearly the subject matter of the claim, and the relief sought for, and, the date of the writ, and place (called the return-place of hearing).
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by garfield1: 3:36pm On Feb 14, 2023
fergie001:

He has a PhD in Law but his judgements are always voluminous. His wife is also a Judge or Magistrate in Enugu.

He was part of the panel at the Appeal Court that affirmed Aregbesola against Oyinlola.

He cannot succeed Kekere-Ekun, same age but Inyang Okoro is his senior.

He will succeed okoro then and jauro will succeed him
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by Ekpekus(m): 3:38pm On Feb 14, 2023
garfield1:


According to the electoral act,once a winner in an election is disq,the first runner wins but in primaries either the party loses or the party sends another name or there is fresh elections depending on the prayers
Now the question is: why bother doing a primary in the first place when the party can just nominate their candidates.
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by fergie001: 3:39pm On Feb 14, 2023
garfield1:


He will succeed okoro then and jauro will succeed him
No, he will leave whilst Okoro is still on the saddle.

Kekere-Ekun is May 58
Okoro is 1959
Nweze is Sept 58
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by garfield1: 3:43pm On Feb 14, 2023
fergie001:

No, he will leave whilst Okoro is still on the saddle.

Kekere-Ekun is May 58
Okoro is 1959
Nweze is Sept 58

Who succeeds okoro?
Strive to post the minority judgment of this case and also that of aliero and akpabio
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by garfield1: 3:44pm On Feb 14, 2023
Ekpekus:

Now the question is: why bother doing a primary in the first place when the party can just nominate their candidates.

They were two primaries
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by fergie001: 3:47pm On Feb 14, 2023
garfield1:
Who succeeds okoro?
Tijjani Abubakar is 15/4/1960 (He will succeed Okoro)
Agim is 26/04/1960

Jauro was on the panel that absolved Adeleke of Certificate forgery at the Appeal Court.
Agim took the lead judgement.

Strive to post the minority judgment of this case and also that of aliero and akpabio
I will look for it.
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by garfield1: 3:52pm On Feb 14, 2023
fergie001:

Tijjani Abubakar is 15/4/1960 (He will succeed Okoro)
Agim is 26/04/1960

Jauro was on the panel that absolved Adeleke of Certificate forgery at the Appeal Court.
Agim took the lead judgement.

I will look for it.

That's the three of the above will be cjns.buhari should strive to appoint new jscs before he goes with a retirement age of at least 2034...

Help me look for apc vs elebeke 2022 supra
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by fergie001: 4:00pm On Feb 14, 2023
garfield1:
That's the three of the above will be cjns.buhari should strive to appoint new jscs before he goes with a retirement age of at least 2034...

Jauro will retire one month before Okoro leaves.

Yes o
Especially, that of the SE. The SE has only 1 Judge of the remaining... They need two more.
I know Nwaoma from Abia will be warming up.... Me likey grin

Help me look for apc vs elebeke 2022 supra
I used to have it, maybe deleted... I will see if I can get it.
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by abebi77572: 6:49pm On Feb 14, 2023
TOOOR. Supreme court is not a place where you win with emotions and sentiments,You have to come with facts, figures and evidence.Those commenting below and above are too lazy to readTOOOR. Supreme court is not a place where you win with emotions and sentiments,You have to come with facts, figures and evidence.Those commenting below and above are too lazy to read...
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by Freebills12: 7:43pm On Feb 14, 2023
[color=#000099][/color]
baralatie:

The supreme court did not trash his contention of lawans name been in two primaries!
The supreme court said because of the manner of initiating the case the court cannot answer the case of fraud by lawan.seeing that lawan is also claiming the same party and INEC as witnesses!
You get the problem now.
Machina and lawan are both claiming mandate using the same apac and INEC
But no one brought or initiated the case for the supreme to declare fraud in the elections.
That is why you keep seeing originatiating summons and writ summons!
That is why the APC and INEC were able to stand and look without doing anything


Hope and ihediiha is the same problem.hooe just came with electoral votes and said inec validated it.shuu.what do you want the supreme court to do unvalidated it.


The case is painfully but it shows the problem of inec and parties with respect to the needfor an update guideline


Parties can wake and announce primaries to be held in ten different locations .what do you want inec to do


And when this parties come with multiple primaries .you no want inec and court to do something new

You got it wrong when you mentioned that Supreme Court didn't trash double nominations for Lawan... It's offence against the law which attracts 2 years imprisonment with the option fine, the court didn't award it. INEC actually supports Machina, they even tenderd their evidence that they didn't know and were not informed about the primary that produced Lawan. Supreme Court just dissected our constitution. What an insult to our constitution and the country as a whole.
Hope and Ihedioha case is a nightmare that should not be mentioned, INEC still have Ihedioha's as the winner of the election in their portal. INEC tendered evidence that the E8 Hope used is not the same they INEC used for the election and that also the signature on the Hope's results is different from theirs... Still Supreme Court awarded Hope the winner. What of numbers of Hope's votes higher than number of registered voters... They still ignore that... Supreme Court is just a joke of a court!
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by Luchitec(m): 7:55pm On Feb 14, 2023
To further buttress existing court rulings on technicalities:

“In Ikpeazu v Otti 2015 18 N.W.L.R. Part 1490 Page 47 at 71-72 per Oseji JCA (as he then was), the Intermediate Court stated succinctly that “In all election matters, the use of technicalities merely helps to shut issues in controversy. Once it is agreed that election petitions are in a class of their own, the handling of the matter too, must take a form devoid of legal technicalities that tend to leave the litigants more confused”. I submit that the Supreme Court majority judgement in Machina’s should have been decided on the merits of the case, rather than a perceived error in procedure. See the case of Jim Nwobodo v Onoh 1984 1 S.C.N.L.R. 1 Page 195 per Uwais JSC (as he then was) where the Supreme Court stated thus: “It is the duty of the courts to hear them, without allowing technicalities to unduly fetter their jurisdiction”.

https://www.thisdaylive.com/index.php/2023/02/14/supreme-court-a-tale-of-two-rulings/

SmartyPants:


A plethora. This is the googleable one:

Salawu Ajide v Kadiri Kelani (1985) 1 NWLR 248 AT 269, Oputa J.S.C, on the need for truth to prevail in order to ensure justice is done poignantly cautioned that “justice is much more than a game of hide and seek. It is an attempt to discover the truth, on human imperfections, notwithstanding. Justice will never decree anything in favour of so slipperyj a customer as the present defendant/appellant” on this note, our courts have admitted that justice and truth are on the same ticket and that in doing justice the courts and all ministers in her temple, that is lawyers and all other stakeholders, must strive at discovering the truth regardless of legal technicalities”.

However i will update this post when i have time to find the appropriate leading authority.

Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by Searchingvictor: 10:57am On Feb 15, 2023
SmartyPants:


By reference to the constitition of the party.
Re: Full Text Of The Supreme Court Judgement On Lawan Vs Machina by Stellar360(m): 5:17pm On Mar 27, 2023
ojoadeola:
To the court

- Machina accused APC of forgery and it must be proved, but he failed to prove it
- The election of Bashir Sheriff, Alhaji Bashir Sheriff, Bashir Sheriff Machina, and Bashir Sherrif were not one and the same. There is a need to confirm which of the Bashirs was nominated and elected.
- The election held on May 28 2022 was not for Yobe North Senatorial seat but for ZONE C, which was not known to law. So, Bashir Sheriff Machina or any other person nominated at that election cannot claim to be nominated for Yobe North Senatorial Seat
- The election held on 9 June 2022, though not observed by INEC, is valid as the committee given the task had earlier given that day for a revised election for the Yobe North Senatorial election.
- All the documents purported to be submitted or alleged to be from APC for the election were unsigned and undated, including the result sheet. And in law, such unsigned and undated documents are not counted or accepted as valid documents
- Citing different cases from Nigeria to England, and to some African countries, the court stated that the preliminary court and appellate courts were wrong in not accessing both the fulcrum of the case as per forgery and others. For that, the judgements given by the lower courts were set aside and the appeal of the APC was sustained.

Actions
- Any name submitted by APC should be recognised
- Machina can still correct any errors in his name and affidavit, but time has elapsed for such matter to be reviewed by the lower courts. It is over!
- The Court did not deny Machina his mandate, but he failed to prove beyond reasonable doubt that the mandate belongs to him. The court will not give you a property that bears your name but you are not the rightful owner


My Take

- The Supreme Court is not to blame, as the alternate decision for a review of the cases is already time-bound and elapsed
- When pursuing a Court case, employ sound and technical savvy lawyers to help you prosecute your case
- Review the existing laws to make sure that the owner of a property is not denied his rights due to technicalities
- Where statutes or cases are time-bound, the law can give the Supreme Court the right to make a pronouncement for an extension, if necessary

Que Sera Sera


Love your analysis Man, I'm pretty certain you're politically affiliated.
It's always a delight to peruse rational takes.

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