In this video, David Umahi is insinuating that If he wins at the tribunal, that the APC will still retain his senatorial seat, and then conduct fresh primaries in order to replace him.....


BUT THAT IS A VERY BIIGG LIE.!!

His senatorial seat is already vacant at his time of his swearing in as a Minister.
(Going by the Section-68 of the Constitution)

Once his seat becomes vacant,, the seat doesn't belong to the APC any longer.

The Pending Tribunal Case had already become Null-And-Void,, and had been overtaken by events.

So, a fresh election is what should happen.
And not a re-run., as he even mentioned..

(Even if by the time the INEC published the final list of candidates, he is still a minister, but some few days to the election, he stops being a minister,, he cannot contest again in the senatorial election)




https://www.youtube.com/watch?v=aZ-C8XrYUMA

They have started feeding us with lies already

INEC should come out in public and put this man in his rightful place ooo..



He should kiss the SENATE Good-bye..

Lalasticlala, Seun, Nlfpmod

Mynd44

Lol. He wants to be a judge in his own case. Oga na fresh election for that vacant seat jare. It’s not the first time this is happening so focus on your new position

BluntCrazeMan:
They have started feeding us with lies already

I don't quite agree with you.

Although when cases like this happen, we observe to learn how the judiciary will interpret it.

Ordinarily, parties win elections, not people. That's why you don't see people's faces on the ballot papers.

So, since Dave Umahi decided to choose the ministerial slot, something I find shocking, I think the ideal thing is for the runner-up of APC primary to replace him.

SoNature:


I don't quite agree with you.

Although when cases like this happen, we observe to learn how the judiciary will interpret it.

Ordinarily, parties win elections, not people. That's why you don't see people's faces on the ballot papers.

So, since Dave Umahi decided to choose the ministerial slot, something I find shocking, I think the ideal thing is for the runner-up of APC primary to replace him.

There is provision in the Electoral-Act for someone who “dies” after the party wins in an election but before the certificate of return is given.
But once the candidate had been issued with certificate of return before he “dies”,, the seat becomes vacant.

In this case, no one died... But the candidate who won had serious and cogent reasons to abandon the seat which he won.

So, the certificate of return had been issued.
Anything that happens to the candidate which costs him his elected seat renders the seat vacant.

Meanwhile..
I will search out for the precedences set by some earlier court cases and election petition judgements with similar situations..

SoNature:


I don't quite agree with you.

Although when cases like this happen, we observe to learn how the judiciary will interpret it.

Ordinarily, parties win elections, not people. That's why you don't see people's faces on the ballot papers.

So, since Dave Umahi decided to choose the ministerial slot, something I find shocking, I think the ideal thing is for the runner-up of APC primary to replace him.

For me, the ideal thing is for 2nd to climb up, however, following our laws, there will be a fresh election.

fergie001:

For me, the ideal thing is for 2nd to climb up, however, following our laws, there will be a fresh election.

Somehow.. Umahi is saying something which our laws doesn't support.

BluntCrazeMan:
Somehow.. Umahi is saying something which our laws doesn't support.

I believe I jumped the gun.

The tribunal proceeding is still on.
Umahi has not resigned, final addresses have been adopted, we await judgement.

SoNature:


I don't quite agree with you.

Although when cases like this happen, we observe to learn how the judiciary will interpret it.

Ordinarily, parties win elections, not people. That's why you don't see people's faces on the ballot papers.

So, since Dave Umahi decided to choose the ministerial slot, something I find shocking, I think the ideal thing is for the runner-up of APC primary to replace him.

You're not correct bro! Since he resigned from the Senate to accept the ministerial job, his seat has now become vacant. It's the same case of a senator dying or stepping down due to ill health. A fresh election will be conducted.

I'm not a lawyer though but my point is based on precedence.

fergie001:

I believe I jumped the gun.

The tribunal proceeding is still on.
Umahi has not resigned, final addresses have been adopted, we await judgement.

Ben kalu won

Lalasticlala,Seun, Nlfpmod

Mynd44

I think what the former Governor meant was two scenarios:

1 APC wins at the Appeal Court and since he has already resigned from the Senate, there will have to be a fresh election for his seat.

2 The other party (LP) is pronounced as winner at the Court of Appeal the other candidate takes up the seat and there will not be any need for a fresh election.

garfield1:


Ben kalu won

Both suits (AA & LP) filed against him were dismissed.

fergie001:
Both suits (AA & LP) filed against him were dismissed.

I think this coming week or upper week pept will rule

garfield1:


I think this coming week or upper week pept will rule

They will rule next week.

His mouth was just shaking anyhow. . . sounded really dumb.

fergie001:

They will rule next week.

Have they communicated dates to parties

garfield1:


Have they communicated dates to parties

Not officially!

fergie001:
Not officially!

What about unofficially

garfield1:


What about unofficially

Officially, no date has not been communicated to all parties.

Unofficially, it's looking next week.

fergie001:
Officially, no date has not been communicated to all parties.

Unofficially, it's looking next week.

By next week,you mean between 28-1 or 4-8

BluntCrazeMan:
There is provision in the Electoral-Act for someone who “dies” after the party wins in an election but before the certificate of return is given.
But once the candidate had been issued with certificate of return before he “dies”,, the seat becomes vacant.

In this case, no one died... But the candidate who won had serious and cogent reasons to abandon the seat which he won.

So, the certificate of return had been issued.
Anything that happens to the candidate which costs him his elected seat renders the seat vacant.

Meanwhile..
I will search out for the precedences set by some earlier court cases and election petition judgements with similar situations..

What if the Tribunal declares the candidate of LP as the rightful winner of that Senatorial election, it means no By-election will be conducted to fill the void

garfield1:


By next week,you mean between 28-1 or 4-8

garfield1:

September 16 is the rumoured date but I still believe it should be the following week.

8/9

fergie001:

September 16 is the date..

(Unconfirmed)

It can't be na.deadline is Sept 17 which is a Sunday and 16 is a saturday.so I am thinking Sept 15 should be a comfortable deadline.besides,I don't think they will wait till final week to give judgment.the case was concluded early so I feel they would give judgment with a week to spare

Ok

Strange

Babanah:
I think what the former Governor meant was two scenarios:

1 APC wins at the Appeal Court and since he has already resigned from the Senate, there will have to be a fresh election for his seat.

2 The other party (LP) is pronounced as winner at the Court of Appeal the other candidate takes up the seat and there will not be any need for a fresh election.

Don't change what he said.


Listen to him again..
..

He said, if they “retained the seat” by winning at the tribunals, then APC will do another primaries to replace him.

But if they didn't win at the tribunals,, there will be a “rerun”..

Re-run?? Between Who and Who.??

I also listened to that interview on Channels TV and was really disappointed of what being in APC have transformed Dave Umahi into. Perhaps he is playing safe in case but this is impunity & lawlessness taken too far.

This is the notorious trademark of anything APC. They have perfected the act of shamelessly lying straight face because lies is richly engrained in their DNA. Meanwhile they have made lies and propaganda official policy of government.