ElevationD:


Court of appeal to throw out the ruling of the Supreme Court? That order of the high court simply complied with the ruling of the Supreme Court. The moment they ported to APC, they lost their seats. The ruling of the Supreme Court is not binding on just one party, but all.

Where did you guys get such wrong interpretation from?

Can you mention a single law maker who ever lost his seat because of porting to other party?
Dogara? Saraki? Some just dumped one party for other in Enugu state recently.

obaidan:

na u dunce if u no know say any lawmaker wey decamp dun cease to be legit lawmaker

how about the constitutional sections that says you can decamp if their is division? Dull kids everywhere with free bonus data just to post rubbish

PureNigerDeltan:


Who is causing the confusion in this case? Can you give me the reason why the Assemble wants to impeach Sim? You can’t just be the architect of the division, decamp and expect a court ruling to go like others. A court has already ruled them out of sit. All 27 of them

doesn't the assembly has a constitutional rights to impeach a governor? Just simple question

PureNigerDeltan:


At least those Assembly members should also know the law that for decamping to APC they’ve lost their seats in the Assembly.

how about the constitutional sections that says you can decamp if their is division? Very dull kids everywhere with free bonus data just to post rubbish

Yourbaslayer:






Illiterate Almajiri can you stop fouling this thread with your demented ignorance!!

read and understand you can't oo 🤣🤣 illiterate kids everywhere with free bonus data

Raf4:


Can you mention a single law maker who ever lost his seat because of porting to other party?
Dogara? Saraki? Some just dumped one party for other in Enugu state recently.

Read the below:


“Federal High Court sitting in Akure has sacked a member of the House of Representatives, Mr. Ifedayo Abegunde representing Akure North/Akure South Federal Constituency, for defecting from the party from which he was elected.

Abegunde was elected into the House of Representative on the platform of the Labour Party (LP) during the April 2011 general elections, but defected to the Action Congress of Nigeria (ACN) after a few months.

He had approached the court for judicial protection against his recall by the Ondo State House of Assembly and the Labour Party.

Joined in the suit are the Speaker of the House of Representatives, Alhaji Aminu Tambuwal and Independent National Electoral Commission (INEC).

Abegunde’ s counsel, Chief Adekola Olawoye had argued that by the provisions of Section 68(1) (G)) of the 1999 Constitution and the imbroglio, division and factionalization in LP, he is entitled to dump the party.

The defence counsel led by the Attorney General and Commissioner for Justice, Ondo state, Mr. Eyitayo Jegede (SAN) with the state’s Director of Civil Litigation, Rotimi Olamide submitted that since Abegunde had dumped LP and has not proved any division within party, he has automatically vacated his seat as a federal lawmaker.

The defendants also prayed that the electoral body should conduct by-election to fill the vacant seat.

In her judgment, presiding judge, Justice Gloria Okeke noted that without a political party, no candidate can contest an election since there is no provision for independent candidacy in Nigerian elections.

Citing a Supreme Court decision in Amaechi vs INEC (2008) 5 NWLR Pt. 1080, she added that “if it is only a party that canvasses for votes, it follows that it is a party that wins an election. A good or bad candidate may enhance or diminish the prospect of his party in winning, but at the end of the day it is the party that wins or loses an election.

Okeke held further that Abegunde could not prove the alleged division and crisis in LP by the virtue of the letter signed by the State Resident Electoral Commissioner, Mr. Akin Orebiyi that “we are not aware of any crisis or issue concerning dispute in LP.

“We were also present at the Congress that produced the elected and recognized State Chairman of the party. As far as INEC was concerned, there was no crisis or factionalization in LP in Ondo State.

According to her, the issue raised by Abegunde was not a dispute that should warrant his defection to the ACN, adding that it is a constitutional matter that a parliamentarian who defects in this manner “shall (mandatory and not a mere directive, not a matter of opinion) vacate his seat”.

“Since it is the 9th defendant, Labour Party that sponsored the plaintiff (Abegunde) in the election into the House of Representatives to represent Akure North/Akure South Federal Constituency and defected on account of unproven imbroglio, crisis, dispute and factionalization in the party, the plaintiff has lost the seat and should therefore vacate the seat and I so hold” Okeke ruled.

While Jegede hailed the judgment as a landmark in the annals of the Nigerian legal history, the plaintiff’s counsel, Olawoye, who described the judgment as unacceptable, said his client will appeal against the judgment”


This case went on to the Supreme Court and the judgements of the lower courts were upheld in 2015.

yarimo:
how about the constitutional sections that says you can decamp if their is division? Dull kids everywhere with free bonus data just to post rubbish

I said it half education is more dangerous than no education at all, theres no case in court at the national level, even at the state level no faction, no merger. Dunce the only thing that court recognizes as division is if it is documented that there is faction, 2 or chairmen, or factions in court suing to be duly recognized as the real one. Nothing like that was there don't be a dummy. The legislators and wike in question know they have made an error, they are not approaching court, they have the numbers(24) if they know they have not run foul of that section, fubara would have have been impeached sinceeeeeeee. But the ode in you think u know more than them.

ElevationD:


But can a lower court contradict the judgement of the Supreme Court or constitutional provisions? Please tell us.

you're still confusing court judgment (precedents) with an interim order given my a High Court which can be set aside by the a Higher Court while the substantive motion is on going.

BadBradley:
you're still confusing court judgment (precedents) with an interim order given my a High Court which can be set aside by the a Higher Court while the substantive motion is on going.

I am not confused in anyway. I am just examining the angles with you.

- PDP is in court over the matter
- The court pronouncement making Ehie the speaker was not set aside
- The Supreme Court made a pronouncement over the matter. An example was set in 2015 in Ondo state
- Fubara has recognized the new speaker and works with him.
- Amaewhule and his group intend to impeach Fubara.

Now if the substantive motion gets going, with the weight of the above legal and political issues, how can the illegitimate 27 seat anymore?

yarimo:
how about the constitutional sections that says you can decamp if their is division? Very dull kids everywhere with free bonus data just to post rubbish

Oluku so I can just wake up an d cause division and expect the law to rule in my favour? What is the division all about? The same useless Law makers never enacted any law during the previous administration irrespective of the anomalies of Wike’s government. Go and bring that section of the law let’s break it down mumu.

yarimo:
doesn't the assembly has a constitutional rights to impeach a governor? Just simple question

They do but there must be a debatable reason. The Governor also has the constitutional right to state where the house of Assembly members will sit for their proceedings. Shey everybody wan mad make we mad.

yarimo:
how about the constitutional sections that says you can decamp if their is division? Very dull kids everywhere with free bonus data just to post rubbish

Go and read Abegunde’s case

ElevationD:


I am not confused in anyway. I am just examining the angles with you.

- PDP is in court over the matter
- The court pronouncement making Ehie the speaker was not set aside
- The Supreme Court made a pronouncement over the matter. An example was set in 2015 in Ondo state
- Fubara has recognized the new speaker and works with him.
- Amaewhule and his group intend to impeach Fubara.

Now if the substantive motion gets going, with the weight of the above legal and political issues, how can the illegitimate 27 seat anymore?

I'm concerned about the interim order been set aside without prejudicing the outcome of the substantive motion or suit which already has a precedent.

The aggrieved members can challenge the interim order in an Appeal Court while the substantive suit is still ongoing without prejudicing the outcome after all and interim order is temporary pending the decision of the court in the main motion.

Look at this one. Oya go And veto the governor order so the House members can start seating in your house

yarimo:
if you are illiterate doesn't mean everyone in nairaland is like you. Go and read the constitution before you log in to public forum to embarrassed yourself and your family

PureNigerDeltan:


They do but there must be a debatable reason. The Governor also has the constitutional right to state where the house of Assembly members will sit for their proceedings. Shey everybody wan mad make we mad.

the governor has no business with where house of assembly seat

yarimo:
Mumu governor that doesn't know anything about the law. Assembly can seat anywhere in rivers state.

They can sit anywhere but the decision/law made where the maze is located is the ultimate.
If you don't understand that memo, it simply tells you that "let the maze be moved to government house"

yarimo:
Mumu governor that doesn't know anything about the law. Assembly can seat anywhere in rivers state.

fear silent men

Ezmans:
fear silent men

FUBARA was and never a silent man . Nothing to fear about him .

yarimo:
the governor has no business with where house of assembly seat

Go find ya constitution na

Oh cry me River. The tears just begun. Our Amazing governor Fubara is teaching the emperor of Obiokpo wonderful lessons of his Life.

jahsharon:
Those that the gods want to kill, they first make them deaf, then make the mad, before finally killing them for sacrifice. I don't know the stage Sim Fubara is

dhope:

They can sit anywhere but the decision/law made where the maze is located is the ultimate.
If you don't understand that memo, it simply tells you that "let the maze be moved to government house"

Yarimo is Almajiri illiterate who does not understand anything about law and constitution, arguing with him is a waste of time and energy, you can't give what you don't have

OgbeniOja1:
now he is understanding the power he weilds as governor

You guys are pushing SIM now o, this matter go end for supreme court o, that time all of you will run away leaving the 4 house member, but when they others survive, impeachment is imminent whether inside sim parlor he will be impeached.

U will be removed

Impunity at its peak. I know some people will hail him cos to them, he is dealing with Wike the slayer of Obizumbs

ufotunang:
...abi.. fubara winning the battle🙄

Sure

Grow you refuse. See what you typed here. Today is different from yesterday and tomorrow will never be equal to today.
Keep living in denial. Keep living in yesterday.

yarimo:
Mumu governor that doesn't know anything about the law. Assembly can seat anywhere in rivers state.

This thing, e dey painnnnnnn

BondRiv:
This one na clown 🤡 Go and learn how to play politics. Mumu man.

The answer is yes. This politics 101.

firearcher:
Can the executive arm of government order the legislative arm with regards to where to sit?
Can the governor issue an executive order binding on the legislative arm?

You said it well "roforofo fight" . And in the end , Wike must bend his head down to the rivers masses.

Omenlon:
Is the state assembly arm of the executive that the state governor can direct them on where to sit or to be having their sitting? Time will surely tell on this their roforofo fight in River State.

Helinues is not here because it is not Yoruba's issue.


Helinues and Yarimo, the most two(2) toxic beings of Nairaland forum.

bionixs:
my brother , show it to that aboki called yarimo.

The school fees dem paid for him education na loss

Very simple explanation for those who are intelligent.

dhope:

They can sit anywhere but the decision/law made where the maze is located is the ultimate.
If you don't understand that memo, it simply tells you that "let the maze be moved to government house"