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Nairaland Forum / Nairaland / General / Politics / Section 77 Of The Electoral Act 2022, Flaws APC's Response To Obi's Petition (2106 Views)
Section 77 Of Electoral Act Is Clear. Alex Otti Is First Victim, Who Is Next? / Obi Delete Resignation Letter On Twitter After Apc Response. Keyamo Fooled. / What Exactly Did The Electoral-Act-2022 Say About The Election Results.?? (2) (3) (4)
Section 77 Of The Electoral Act 2022, Flaws APC's Response To Obi's Petition by AcuraZDX: 4:41pm On Apr 11, 2023 |
According to section 77 of the INEC Electoral Act 2022, each political party SHALL make their register available within 30 days before primaries, but SHALL in this legislative intent does not have fixed or inflexible meaning. Its statutory provision here directs a manner of conduct to guide officials, and hence, maybe given a permissive or directory interpretation. Distinctively, SHALL is never "mandatory" in this context. On this bases, APC's defence/response to Obi's petition is flawed. The Constitution requires a candidate to be SPONSORED by a party, but there's no prescription as to the age of your membership for you to be validly sponsored. Once the candidate is duly designated (primaries or concensus), s/he's good. PO could have joined LP the day of primary. On his relationship with PDP and LP, I'm just sitting here laughing like Lafia. 😂🤣 The meticulous man he is, PO had everything planned & sceneriazed to perfection, as even APC acknowledged in their response: 1. Resigned from PDP 20/05; 2. Joined LP 27/05; 3. LP primaries 30/05. Summarily, APC don't have the locus standi on the issue of how long Peter Obi had been or should have been in LP before his nomination. 5 Likes
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Re: Section 77 Of The Electoral Act 2022, Flaws APC's Response To Obi's Petition by AcuraZDX: 4:41pm On Apr 11, 2023 |
APC is a very funny party. 6 Likes |
Re: Section 77 Of The Electoral Act 2022, Flaws APC's Response To Obi's Petition by Nandoife: 4:50pm On Apr 11, 2023 |
Interesting times ahead 4 Likes 2 Shares |
Re: Section 77 Of The Electoral Act 2022, Flaws APC's Response To Obi's Petition by Tntsi: 5:21pm On Apr 11, 2023 |
It is clear that tinubu and lawyers have no answers to the prayers of PODATTI. 8 Likes 3 Shares |
Re: Section 77 Of The Electoral Act 2022, Flaws APC's Response To Obi's Petition by SadiqBabaSani: 5:26pm On Apr 11, 2023 |
Stop twisting, allow the courts to interpret, Power South2023, Obi the peoples Choice, BAT emilokan |
Re: Section 77 Of The Electoral Act 2022, Flaws APC's Response To Obi's Petition by AcuraZDX: 5:30pm On Apr 11, 2023 |
SadiqBabaSani: Twisting what? 2 Likes |
Re: Section 77 Of The Electoral Act 2022, Flaws APC's Response To Obi's Petition by Jones4190(m): 5:30pm On Apr 11, 2023 |
APC asked the court to dismiss the suit on the ground that Mr Obi, the 1st petitioner, lacked requisite “locus standi” to institute the petition because he was not a member of LP at least 30 days to the party’s presidential primary to be validly sponsored by the party. It said: “The 1st petitioner (Obi) was a member of PDP until May 24, 2022. “1st petitioner was screened as a presidential aspirant of the PDP in April 2022. “1st petitioner participated and was cleared to contest the presidential election while being a member of the PDP. “1st petitioner purportedly resigned his membership of PDP on May 24, 2022 to purportedly join the 2nd petitioner (Labour Party) on May 27, 2022. “2nd petitioner conducted its presidential primary on May 30, 2022 which purportedly produced 1st petitioner as its candidate, which time contravened Section 77(3) of the Electoral Act for him to contest the primary election as a member of the 2nd petitioner This is were obi case will end, he was not qualified to contests in the first place, I love the fact that APC has taken Obi back to PDP where he belongs. When Labour Party finally get a true presidential candidate, they can then come back to challenge Tinubu. 1 Like 1 Share |
Re: Section 77 Of The Electoral Act 2022, Flaws APC's Response To Obi's Petition by fyneguy: 5:38pm On Apr 11, 2023 |
Shall in law means must. Mandatory. There are Supreme Court references for this. 1 Like |
Re: Section 77 Of The Electoral Act 2022, Flaws APC's Response To Obi's Petition by yarimo(m): 5:40pm On Apr 11, 2023 |
Hahahaha terrorists criminals are now interpreting Nigeria laws to Nigerians |
Re: Section 77 Of The Electoral Act 2022, Flaws APC's Response To Obi's Petition by Librason: 6:48pm On Apr 11, 2023 |
AcuraZDX: To your mind APC don't have locus standi on how a party choses his candidate (even when such process is against the electoral act), you can say that before the election but post - election they have a say , since both parties are now direct competitors. So many instances abound. |
Re: Section 77 Of The Electoral Act 2022, Flaws APC's Response To Obi's Petition by Mightyodi: 7:06pm On Apr 11, 2023 |
To me the letters in the electoral act are clear. Its says 'not leads than 30 days' and not 'at least 30days as petitioned and interpreted by the APC lawyers. Let's see court interpretation, because the two sentences are not the same |
Re: Section 77 Of The Electoral Act 2022, Flaws APC's Response To Obi's Petition by Eniitankorede: 7:55pm On Apr 11, 2023 |
AcuraZDX: If Obi was not a confirmed and shameless political prostitute, we wont be talking about dates he jumped bed from one party to the other. He should bear the brunt of his political prostitution in court. |
Re: Section 77 Of The Electoral Act 2022, Flaws APC's Response To Obi's Petition by DeTribalisedCit: 8:27pm On Apr 11, 2023 |
Confusion in the enemy camp. INEC claims Electoral Act does not make upload of result mandatory. INEC claims Electoral Act makes upload of results mandatory 1 Like
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Re: Section 77 Of The Electoral Act 2022, Flaws APC's Response To Obi's Petition by Afamsi: 8:35pm On Apr 11, 2023 |
AcuraZDX:they are more of childish and foolish set of old men |
Re: Section 77 Of The Electoral Act 2022, Flaws APC's Response To Obi's Petition by MetaPhysical: 8:38pm On Apr 11, 2023 |
AcuraZDX: In legal use "SHALL" carry a demand to oblige or comply. Yes, Obi could join in morning and party hold primary in evening, no problem. The moment it is contested, then the rule of compliance must be adhered to. APC is not contesting it, even though they have locus standi to do so. |
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