seunmsg:


He last made an asset declaration in 2007 when he left public office. The Guinean passport they are throwing around was issued after 2007 so his 2007 asset declaration form is irrelevant in this case. By the way, there is no such question as “are you a citizen of other country other than Nigeria” in the asset declaration form. Even if there is such a question and he lied on oath, the criminal aspect of the declaration cannot be handled by the CCT as it is not a criminal court.

chivic:
Why not.Obi lawyers are extremely smart.One of the petition is that he should be disqualified as he was not eligible to contest and that all his vote should be declared zero vote.
To prove this ,you can slot in the dual citizen evidence ( if it's confirmed) .You also add the drug conviction case ( if you have evidence )

Mynd44:
It can't be added to the tribunal as the 21 days has passed, You can't try him either as immediately he is sworn in as president that case will end.

You can only use the CCT or ask the senate to impeach


All these assuming the passport is real in the first place

seanfer:


In the petition the lawyers have already list their reasons for his disqualification and no where they mention dual citizenship, they can't include that in their argument during the tribunal session, also know that tribunal is not a full court that can hear criminal cases.

Ofunaofu:


Mynd44


Your actions here is becoming so unbecoming

Are you a nairaland MOD or a Tinubu MOD supporter planted here to suppress, delete and ban dissenting opinion

Mynd44:
It can't be added to the tribunal as the 21 days has passed, You can't try him either as immediately he is sworn in as president that case will end.

You can only use the CCT or ask the senate to impeach


All these assuming the passport is real in the first place

seanfer:


In the petition the lawyers have already list their reasons for his disqualification and no where they mention dual citizenship, they can't include that in their argument during the tribunal session, also know that tribunal is not a full court that can hear criminal cases.

Drone17:

They can include new evidences as long as the Tribunal is still in session. They haven't even started hearing and you are saying no new evidences?

Are you a lawyer?

N3TRAL:


At this stage of the tribunal, no new issue can be introduced.

Disqualification by dual citizenship was not pleaded in the petition. You can't adduce evidence in favour of a fact that was not pleaded. Evidence can't not stand on nothing.

Drone17:

They can include new evidences as long as the Tribunal is still in session. They haven't even started hearing and you are saying no new evidences?

Are you a lawyer?

Mynd44:
It can't be added to the tribunal as the 21 days has passed, You can't try him either as immediately he is sworn in as president that case will end.

You can only use the CCT or ask the senate to impeach


All these assuming the passport is real in the first place

Drone17:

New evidences to buttress ones petition can be introduced in the second rebuttal.

What cannot be added are the prayers to the court.

For example, if LP said the elections should be canceled. That's a prayer to the court. The evidences can be several such as it was rigged, the candidates were not qualified, double nomination, dual citizenship etc.

seunmsg:


And who told you he has filled and submitted his code of conduct form? He will fill his CCT form a day before swearing in.

I still declared my assets last year and I can’t remember any question like “are you a citizen of any other country other than Nigeria”. Again, I hope you’re aware that CCT is not a normal court where anybody can go and institute a case against another person. It is only CCB that can take a case before CCT and I don’t really need to tell you that no CCB will ever take an incumbent president before CCT.

Mynd44:
It can't be added to the tribunal as the 21 days has passed, You can't try him either as immediately he is sworn in as president that case will end.

You can only use the CCT or ask the senate to impeach


All these assuming the passport is real in the first place

Ofunaofu:


Mynd44


Your actions here is becoming so unbecoming

Are you a nairaland MOD or a Tinubu MOD supporter planted here to suppress, delete and ban dissenting opinion

obembet:


He's a Nigerian and he have right to share hos own view.. rufai have been openly support obi, have u once condemn him? Leave mynd44 alone..

Drone17:

New evidences to buttress ones petition can be introduced in the second rebuttal.

What cannot be added are the prayers to the court.

For example, if LP said the elections should be canceled. That's a prayer to the court. The evidences can be several such as it was rigged, the candidates were not qualified, double nomination, dual citizenship etc.

soojar:


Their smartness might not be up there as we thought. If they can missed the simple fact that they were supposed to join PDP in the case but they didn't.

As it stands, the best they can hope for is for the tribunal to order a fresh election as Obi can never be declared president over Atiku that came second, since PDP was not joined in the case to come defend their second position (i.e what is cared fair trial) no way Obi can be declared president even if Tinubu's votes were to be discountenanced. So much for smartness.




We learn everyday

Hoelujohn:

So you are a political appointee? No wonder you were fighting tooth and nail to defend the corrupt system.

chivic:



Obi,does not need to join PDP simply because ,even PDP admitted that OBI had over 900k vote in Lagos .That's extra 400k, obviously rivers state IREV is another witness , plateau ,Bauchi , Gombe, Adamawa, Bauchi are also state they claim they have evidence that some of their votes where not recorded or tampered with.
Once they are done they will have more than 9 million vote according to them.PDP only have less than 7m for now.Case close .( Provided they can prove it)

Mynd44:
It can't be added to the tribunal as the 21 days has passed, You can't try him either as immediately he is sworn in as president that case will end.

You can only use the CCT or ask the senate to impeach


All these assuming the passport is real in the first place

chivic:
Why not.Obi lawyers are extremely smart.One of the petition is that he should be disqualified as he was not eligible to contest and that all his vote should be declared zero vote.
To prove this ,you can slot in the dual citizen evidence ( if it's confirmed) .You also add the drug conviction case ( if you have evidence )

N3TRAL:


The court held in the case of GEORGE v. DOMINION FLOUR MILLS LTD that pleadings are essential to prevent parties from springing surprises.
If LP brings up the dual citizenship matter that they didn't plead in their petition in court, it would be springing surprises and the court will not allow it.

In the cases of IFEAJUNA V IFEAJUNA; BALOGUN V ADEJOBI the court held that pleadings enable the court to ascertain if it has jurisdiction on a matter or not. In that case, the court also ruled that the court can only determine the issue between the parties through their pleadings.

APC already filed a preliminary objection and the dual citizenship was not pleaded by LP. LP cannot bring it up later.

In OKOYE v. NWANKWO, the court held that pleadings guides a party in denying or accepting the claims of an opponent.
LP did not set out the issue of dual citizenship in their pleadings and thus it is against the doctrine of fair hearing to raise it in court without giving the APC notice to include it in their reply to the petition.

Now, Paragraph 14 of the First Schedule to the Electoral Act 2022 ( Rule 14 of the Rules of Procedure for Election Petitions) provides that:



"""
14. (1) Subject to subparagraph (2), the provisions of the Civil Procedure Rules relating to amendment of pleadings shall apply in relation to an election petition or a reply to the election petition as if for the words “any proceedings” in those provisions, there were substituted the words,”the election petition or reply”.

(2) After the expiration of the time limited by—
(a) Section 132 (7) of this Act for presenting the election petition, no amendment shall be made—
(i) introducing any of the requirements of paragraph 4 (1) not contained in the original election petition filed, or
(ii) effecting a substantial alteration of the ground for, or the prayer in, the election petition, or
(iii) except anything which may be done under subparagraph

(2) (a) (ii), effecting a substantial alteration of or addition to, the statement of facts relied on to support the ground for, or sustain the prayer in the election petition; and

(b) paragraph 12 for filing the reply, no amendment shall be made—

(i) alleging that the claim of the seat or office by the petitioner is incorrect or false, or

(ii) except anything which may be done under the provisions of subparagraph (2) (a) (ii), effecting any substantial alteration in or addition to the admissions or the denials contained in the original reply filed, or to the facts set out in the reply.

"""


It therefore follows that for LP to raise the issue of Dual citizenship in court, the particular fact of dual citizenship should be pleaded in their petition.

However, the window has closed for the amendment of pleadings so they cannot raise it in court as it would mean springing surprises on the APC and Tinubu which is not tolerated during hearing.


NB: I honestly don't like doing these things. Really a busy individual, reply me based on points of law not emotions abeg.

Ofunaofu:


Obembet,

This is not a CR7 vs Messi banters


I know what I am saying

I have been a victim of his bias nature because of I different democratic choice on this forum

omohayek:

How exactly has he suppressed, deleted or banned dissenting opinion here? How does his merely stating facts constitute any of those things? This may shock you, but someone saying something you don't want to hear doesn't mean they are in any way "suppressing" you.

Ohislee:


I got banned by the mod for replying a Tinubu supporter, saying obidients outnumbers bat supporters on social media and on the street.

If this is not suppression, tell me what is? People have experience of what they are talking about.

omohayek:

There are at least 2 problems I can see with what you say, namely

(1) without sharing a verbatim copy of what you actually wrote, it's impossible for the rest of us to judge whether something in the manner of your response violated the forum's rules,

(2) how can you know for sure the identity of whoever banned you? Last I checked, Nairaland doesn't divulge that information.

For what it's worth, I too was banned for several days not long ago, for pointing out to a troll slandering Wole Soyinka that the man had spent nearly 2 years in solitary confinement on behalf of people whose descendants now insult him at every opportunity. My comment was deleted, but the troll's tribalistic insults were left to stand. From the context it seems fairly clear what the likely background of that flagrantly biased moderator was, but I didn't see any info that would have allowed me to blame anyone in particular for certain.

The point I'm getting at with the above is that you can't simply jump to the conclusion that Mynd44 (or anyone else in particular) is to blame anytime you experience what you consider a bad moderation call. What I've seen you and many others on here engage in is what's known as brigading - acting in concert to focus all your discontent on Mynd44 in particular in the hope your campaign will push Seun to get rid of him regardless of the full facts (which you can't possibly have).

Given how badly so many "Obidients" react whenever someone says something they don't like - even when the person has openly campaigned and voted for Peter Obi - I find it hard to believe that any moderator would seem "unbiased" to you unless s/he was allowing you all to run riot while suppressing any critical voices. All of the irrelevant accusations on this very thread certainly feed into that well-justified suspicion.

Drone17:

New evidences to buttress ones petition can be introduced in the second rebuttal.

What cannot be added are the prayers to the court.

For example, if LP said the elections should be canceled. That's a prayer to the court. The evidences can be several such as it was rigged, the candidates were not qualified, double nomination, dual citizenship etc.