₦airaland Forum

Achuwa1:
Are u sure that faleke & co. doesnt have a hand in audu's death because he is doing as if it is a do or die thing,,,maybe,he doesnt want to loose on both ends ,,,but it will be painful if it is true sha,after killing & not still getting the mandate.

It's only in Nigeria this crappy statements come up. Someone is trying to defend his rights and u saying it's 'do or die'.

Has he caused any wahala?? He has filed a case at the court as a gentleman seeking judicial interpretation. It is his right. Let him be.

Infact, judicial pronouncement on the issue will even help strengthen our electoral laws, by filling up the lacuna in the electoral system made obvious by the death of Audu. Faleke as such is even helping to strengthen our laws indirectly.

This guy sure has a good case.

His lawyers should have added an extra relief, stating that "even if INEC is to proceed on a supplementary election to conclude the election, he is the only legally qualified candidate to proceed and conclude the process, as a joint partner of the Audu/Faleke ticket.

By hinging his case basically on that INEC should have declared the election concluded and not proceed to supplementary seems too precarious. If the court faults that premise, it may scatter the whole case.

I hope it is still Wole Olanipekun that filed the case for him. That is one intelligent and smart lawyer, who should be able to give him victory if feasible.

Faleke to tribunal: declare me Kogi governor-elect


•Wants order that the Nov. 21 polls was conclusive
•Seeks withdrawal of Bello’s Certificate of Return

The running mate to the late Abubakar Audu, the candidate of the All Progressives Congress (APC) in the November 21 governorship poll in Kogi State has asked the Election Petitions Tribunal to declare him governor-elect.

In documents filed before the tribunal by his counsel, Hon. James Abiodun Faleke is seeking 12 reliefs, including four orders compelling the Independent National Electoral Commission (INEC) to reverse itself on several decisions concerning the November 21 polls as from the day Audu died.

Among the reliefs being sought is a declaration that the election to the office of governor of Kogi State of November 21 was valid and that he should be presented with a Certificate of Return as the lawful winner of the election.

Faleke argued that the supplementary election of December 5, upon which Alhaji Yahaya Bello was declared as governor-elect, was unnecessary. He argued that Bello was not qualified to contest in the first place.



In the petition which he submitted to the clerk of the tribunal at about 12.20 p.m. in Lokoja on Monday, accompanied by Mohammed Audu, son of the late Audu, Faleke listed INEC and Bello as first and second respondents respectively.

He said: “The second respondent, who did not register as a voter, who did not vote at the election, who did not present himself to the electorate for votes at the election, who did not participate as a candidate at the election of November 21, 2015 and who did not nominate another candidate as his associate for his running for the office of governor, who is to occupy the office of deputy governor was declared the winner of the election by the first respondent on December 5, 2015.”

With 25 documents attached in support, Faleke listed two grounds for his petition; the second respondent was, at the time of the election, not qualified to contest, and was not duly elected by the majority of lawful votes cast at the election.

Faleke also observed that INEC “did not publish any list of candidates who purportedly participated at the supplementary election held on December 5, 2015”.

He said Yahahya Bello scored only 6,885 votes at the supplementary election held on December 5, far less than the 240,867 votes he (Faleke) and Audu got on November 21.

Faleke added that INEC added the scores of Dec. 5, to the one of Nov. 21 to get the 247, 752 “which it eventually announced before wrongly and unduly returning the secomd respondent as the winner of the election.”

He continued: “The second respondent did not register as a voter in his ward and/or at all for the governorship election in Kogi State. He did not nominate or submit to INEC any candidate as his associate for his running for the office of Governor of Kogi State as mandated by the Constitution.”

Faleke also noted that Form CF002B (ii) submitted by Bello to INEC “on or about November 27, 2015 has no deputy governorship candidate who was to contest along with him.”

He said he protested INEC’s decision to declare the November 21 election as inconclusive and also informed the first respondent in writing that he was not running, “and would not run, contest or participate in the supplementary election of December 5, 2015 as the associate or deputy governorship candidate of the second respondent.”

He is seeking that it may be determined and thus declared by the tribunal:

That election to the office of Governor of Kogi State was already conducted, completed and concluded by the 1st respondent on November 21, 2015.

That the 1st respondent’s decision and proclamation that the governorship election held in Kogi State on November 21, 2015 was/is inconclusive, are unconstitutional, illegal, unlawful, arbitrary, null and void, and ultra vires the powers of INEC.

III. That the 1st respondent was under a duty to declare and pronounce the winner of the concluded governorship election of Kogi State held on November 21, 2015 and make a return accordingly.

That upon the death of Prince Abubakar Audu before taking the oath of allegiance and oath of office, the petitioner who was elected with him as Deputy Governor should be sworn in as Governor of Kogi State.

That the 2nd respondent was at the time of the election to the office of Governor of Kogi State on November 21, 2015, not qualified to contest the election.

That the 2nd respondent was not qualified to contest the office of Governor of Kogi State on December 5, 2015.

VII. That the second respondent was not elected as Governor of Kogi State by majority of lawful votes cast.

VIII. That the return of the 2nd respondent by the 1st respondent on December 5, 2015 is unconstitutional, illegal, unlawful, undemocratic, arbitrary, null and void, and also ultra vires the powers of INEC

An order setting aside the 1st respondent’s decision and declaration that the governorship election held in Kogi State on November 21, 2015 is inconclusive.

An order setting aside the Certificate of Return issued by the 1st respondent to the 2nd respondent and dated December 7, 2015.
An order mandating/directing the 1st respondent to issue forthwith, to the petitioner, a Certificate of Return as the person duly elected as Governor of Kogi State pursuant to the election held on November 21, 2015.

XII. An order of injunction restraining the 2nd respondent from:

(a) Parading, representing or holding himself out as the Governor-elect

(b) Parading himself as Governor of Kogi State based on the Certificate of Return issued to him by the 1st respondent and dated December 7, 2015.

On Monday, Faleke told reporters that he was confident justice would be done in the matter and that he did not join his party, the APC as a respondent in the suit.

http://thenationonlineng.net/declare-me-governor-elect-faleke-tells-tribunal/

Cc: lalasticlala, Ishilove, OAM4J, Mynd44

APCLyingBastard:
Since I was born in this Nigeria I know of only 4 religious holidays - Christmas, Easter , Eid el Kabir and Eid el Malaud.

Just today Buhari has added another religious holiday by declaring December, 28 a public holiday.

According to Buhari we will observe mohammed's birthday for the first time in the history of Nigeria. The Federal govt has declared December 28 as a public holiday to celebrate mohammed's birthday.

Waiting for them to declare Friday a work free day and Sunday the beginning of the work week. They can also replace our Gregorian calender with that of the Islamic calender and take us to 1426 since we are heading to the stone ages.

Yeye

Senseless post. Monday 28th was declared public holiday because of boxing day that fell on a Saturday.

Brookcherith:
Taraba Governorship:
Appeal Court Reserves
Judgment On Ishaku’s
Election
Agency Report
— Dec 21, 2015 4:49 pm | Leave a
comment
The Court of Appeal in Abuja on Monday
reserved judgment in an appeal filed by
Gov. Darius Ishaku of Taraba against the
nullification of his electoral victory by a
tribunal.
Justice Abdul Aboki said the court would
later announce the date for the judgment
in the appeal.
The News Agency of Nigeria (NAN)
recalls that the appeal by Ishaku
followed the judgment of the Taraba
Governorship Election Petition Tribunal
on Nov. 7 and awarded victory to Mrs
Aisha Alhassan of APC.
Mr Kanu Agabi (SAN), Counsel to Ishaku,
raised four issues in the appeal.
He said the petition was not
accompanied by valid statements as the
respondents claimed that it was the fault
of the registry.
Agabi said the respondents claimed that
the election was marred with corruption
yet claimed victory in the election.
He said the respondents also pleaded
that Ishaku was not sponsored by the
party but later agreed that his
sponsorship was not supported by any
fact.
He complained that 51 witnesses of the
appellant were not reviewed by the
tribunal and urged their lordships to allow
the appeal.
Mr Solo Akuma (SAN), Counsel to
Peoples’ Democratic Party PDP and Mr
Joseph Daudu (SAN), Counsel to INEC
urged the court to allow Ishaku’s appeal.
However, Mr Abiodun Owonikoko (SAN),
Counsel to Alhassan, filed a cross appeal,
saying INEC had no right to clear a
candidate for election.
He urged the court to dismiss Ishaku’s
appeal and uphold the tribunal’s
judgment. (NAN)

I don't understand all these conflicting news oh. Maybe u should post this as a fresh topic.

Silly inference from d words of the legal luminary

all4gud:
Did Ameachi used Rivers people's to sponsor APC presidential campaign.? If yes, then that's what we are talking about.

That too is one of your many propaganda. Amaechi did not spend more than the Lagos crew. You guys are just talking unnecessary. Amaechi did not spend more than the Northern hordes that supported PMB. Ameachi spent mainly to make APC a household name in Rivers. And for Dakuku.

Did Rivers exclusion from the Federal PDP during 2015 election affect the funds to dem GEJ team??

Amaechi's absence never affected them financially, it affected them in some other ways.

okosodo:
LOL. This time it will be epic like APC-1280 PDP-482509

No problem with that. So far it is legitimately earned.

Lytech:
seems yu know what i dont know..
Am from ogun state,so u cant tell me much abt my state,i serve in osun state even as at when rauf aregbesola election was to hold..
Tell me one good reason why osun state workers will vote for a man owning them almost 2month salary,tell me one good reason why a civil servant will vote for a man who pay their salary which due on the 30th of every month on the 18th of the following month,tell me why a salary earner will vote a man who abolish freedom of speech among his populace(all civil servant dare to talk anyhow against his governance will be sacked),tell me one good reason why a common man will vote for a man who use almost 3yrs to construct a community road,tell me why a common man will vote a man who cant provide a quality teachers for their wards in school(he depend heavily on corpers),tell me why a common man will vote a man who try to islamize osun state,tell me why a common man will vote for a man who use larger resources of the state to campaign during his election...

My brother,dont judge basically on what u hear on air,try ur visibility study.... Anyone from osun state should proof me wrong if any of my point are lies.

Am not disputting the nullification of akwa ibom election,bt the question is are all Apc governors saint,why is anyone yet to put to book among them since PMB assumed office

Most of these things you are saying about Aregbesola happened after he has already won the 2nd term ticket. There is no way Aregbesola can significantly manipulate that election. I'm telling you. Infact PDP has that election under wraps, it was the popularity of Aregbesola that saved him. Aregbesola was actually very popular during his first term and he did a lot in terms of infrastructure and feeding school children. It was during his 2nd term that he messed up big time. Look at you talking about Islamizisation. Why not first tell us the percentage of Christians/Muslims in Osun state, before using that as a yardstick why he shouldnt have won. So Aregbesola rigged under a GEJ govt and APC still won the case still under same GEJ govt??

All APC governors are definitely not saints. But as i mentioned to you earlier that you are still not getting, substantive manipulation is the only point that make an election to be nullified. Go and read the Electoral Act. Pockets of foul play does not really count.

And what made you think I'm not connected to Ogun and Osun state??

Lytech:
and same whole country dont witness the shame called election conducted in ogun state and osun state....
Dont be bias my brother,stop shying away from the truth...av never for once been into politics and will for no reason join them....bt am saying this coz i dont want the future of urs,mine and other reading this to be at stake..... We are in a democratic era not dictatorship era

It is you that is showing signs of bias.

Looking at Osun state election. That election was heavily militarised by the GEJ administration. Infact DSS agents wearing masks took over significant parts of the state, and Rauf Aregbesola still emerged winner. There may be pockets of violence here and there, but generally, Rauf Aregbesola won Omisore squarely. Omisore is only popular in the local govts where he hails from.

Now going to Ogun
No election can be 100% perfect in Nigeria. What tribunal looks at is substantive manipulation of the process. If the alledger is able to prove beyond reasonable doubt in court that there is substantive manipulation of the election, then the election will be nullified. You are only deceiving yourself if you claim there is substantive manipulation of election in Ogun state in the last election. Ajimobi was still more popular than the PDP candidates. And dont forget that there was internal crisis in the PDP before the election.

The manipulations that occurred in Akwa Ibom and Rivers states was audible to the deaf and visible to the blind. It is only those who are deceiving themselves that do not acknowledge this fact. I for one know that PDP will still win Akwa Ibom state. But that does not mean we should be supporting the sustenance of such level of brigandage that was displayed during the last election.

I bet you didnt read the submission of the court of appeal. The court stated that there was no collation of results and the court further stated that where there is no evidence of collation of results, there cannot be said to be election in such a place!

sirAmeh:
I do not have issue with you, if u want to debate with me,do it with fact. Don't come here and argue with sentiment, moreover I am not a pdp card carry member.

Infact it is your own post that is riddled with sentiments. Who is talking on whether you are PDP or not?? I picked u up only on your statment which seems more like a lamentation than putting forward strong argument.

Sincerely, your analysis is very watery. Law is more complicated and intriguing than the one line sentimental statement you earlier put up.

If indeed you wanted your argument to be logical, you should have quoted relevant sections of the electoral act and case laws to back it up.

sirAmeh:
let me give you a case study, in benue state, the present governor de camp to his present party a day before the primary without passing through electoral process. But when the pdp candidate when to court,his case was thrown out for lack of merit. when it is clear that he is not the candidate of his party.

You sabi the justices of the Tribunal and Appeal court na. see the watery analysis sef. mtschewww

Koolking:
No state belongs to any party, not even Lagos to APC. Nigerians are wiser now. Nigerians have no business voting Parties nowadays but personalities. From all indications, Jimi Agbaje won the last election in Lagos, but APC rigged themselves in.

If the people of Akwa Ibom State are attuned to Udom Emmanuel as a person, he will be voted in again, otherwise APC personality will carry the day. The best parties can do to win the day is massive rigging for their candidate.

It's a big misconception believing that parties own states in Nigeria. Perhaps, it was not true before now. Not anymore

Jimi Agbaje did not win the Lagos election. But he put up a good showing. I was very much on ground in Lag during the last election.

all4gud:
The Judges are pleasing their pay masters. There's no problem about that ;it's non of my business. The oil money that the APC are dying for in Rivers, Bayelsa and Akwa Ibom state aimed to be used in 2019 will not work out for them.
These states are core PDP states.

Udom is right. Umana is left

Which oil money are you guys even crying about?? Allocation for states comes from the FGN.

Lytech:
apc in akwa ibom only succed bcoz they r the ruling party....
There were enough evidence turn down in the election that brought ogun state governor to power....
My brother,wise up...Buhari want to monopolize nigeria politics just for easy rigging come 2019.... Embrace opposition in Nigeria politics,these are only the people who can speak up and challenge the government in power ....common man will rot in jail if u dare talk anyhow....
Lets reason together,y is it only state been govern by opposition party has issue with the election that brought them to power.... Why?

When the elections were conducted they were the ruling party. And the whole country witnessed the sham called election in Akwa Ibom and Rivers state.

VISTIN:
The plot to Islamise Nigeria by APC. No right thinking Nigerian will expect APC to match PDP in the SS in a clean election.

The same reason why everyone has been wondering why PDP needs to engage in the brigandage of that election in Rivers and Akwa Ibom state.

sirAmeh:
If they are saying there was over voting in the election,what are we to call the under age voting and over voting in some northern states in the country?

what are u waiting for? File a case in court now.

Expected!

Expected! Those PDP riggers rigged with stupidity in that last election in Rivers, Akwa Ibom and partially in Delta.

The elections in Akwa Ibom and Rivers was a total sham. We should stop deceiving ourselves. I still dont understand why it was necessary for them to rig, when they were poised to win the election.

Let another election be conducted and let the PDP win maturely.

Lovely! Happy Birthday sir! We the majority that support you has your back.

ewigmee:
You're telling me that they are not insured. If insured, I think it should be the company's duty to replace damaged ones. Common sense.

Even if they are insured, common sense should dictate that the insurance company will make replacement and hand it over to the FGN.

It is the FGN that will now provide PMB with the vehicles and not the other way.

They are security vehicles, insurance company cannot directly replace them to Buhari the user.

Are u also aware that when the vehicles are changed normally every 4years, the old ones are always returned to the FG.

The vehicles are property of the FGN, and so if they are indeed insured, return will be made to the govt.

cuteboy2:
Absolutely. I am not absolving Dasuki. He is going through his investigation which hopefully should result in a trial.

I am looking at the emerging issue that a sitting President also benefited from the arms money bazaar, and that our President needs to come clean to preserve the integrity of that office. Period.

The president has nothing to do with it. He collected his entitlement as given him by law. Dansuki was not doing him any favours. That is what is due to him by law.

All he knows is that the FGN has fulfilled the requirement of providing him with vehicles, he is not a civil servant.

If there is anything wrong in the process of giving him his entitlements, it is the civil servant that violated the process that will be sanctioned! Provided the beneficiary did not collect more that what he was entitled to.

EternalTruths:
See one of them


Nigeria is not an Arab nation.

Oga if Saudi Arabia says we are an Arab country, does that makes us an Arab country?? Talk is free

cuteboy2:
So it is legal for the office of NSA to spend funds meant for arms in purchasing status vehicles for ex-Heads of State

Would it be right for a government agency like NNPC, NIMASA or Nigerian Customs to spend out of thier budget to purchase cars for former leaders when their budget was not appropriated for such purpose? That would be wrong application of funds. It is equivalent to diversion of public funds to wrong or illegal avenues. President Buhari as a former leader who knows the inner workings of government should know without any iota of doubt that that procedure is wrong and fraudulent.

The best President Buhari should do at this point is to instruct his protocol to return those vehicles, and claim that he was not aware of the source of the funds for those vehicles. After all he does not really need them now any longer since he now has all the paraphernalia of the Office of the President at his beck and call. He should simply say that he accepted them from Dasuki, since Dasuki was a top functionary in the Presidency, and only thought Dasuki was simply handing over the vehicles, and not that he purchased them with misapplied government funds. This is the honourable and decent thing to do. The nation will support and applaud the President. Subterfuge and denial will not help.

What is wrong is wrong, let's not try to parse and stretch the truth.

Of course it is very wrong for Dansuki to take money meant for arms to provide legal entitlements to former heads of state. It is called misappropriation and Dansuki should also be tried for that alongside his other sins.

Misappropriation is a serious corruption case.

agabaI23:
Tell me how that makes sense..
By the way, Dasuki said 5 SUVs and $300K. I am just wondering why you guys are disputing this very information when you have accepted all other names linked with him as the Gospel truth and call all thieves. Why is it that this particular case is a lie? Is it possible all other names linked to him are not true after all?

Pilgars law: "If it is denied officially, it is mostly likely true"

The presidency said its a lie. That PMB only received 2 SUVs and no cash. It is now left for the accuser, Dansuki to provide the evidence that indeed he gave him 5 cars and $300k, until he does that it will be foolishness to keep supporting his accusation.

At least the accusation of the FGN against same Dansuki has been tabled before the court, and we even saw some of the evidences of such movements of cash being posted to the social media.

ewigmee:
Pls I want to know if the law stated that the car should be replaced when damaged, even if it's not 4yrs or due for replacement. Someone help pls.

Common sense should dictate that to you! The vehicles are not meant for decoration, they are meant to facilitate security and ease the movement of an erstwhile leader of the country.

If there is an attempted assination of GEJ, and his vehicles gets damaged, it would be very senseless and callous of the present govt to tell him he has to wait for 4 years before the damaged cars has to be replaced. And the govt would also be liable to anything that happens to the person throughout that period.

And as you can see from the submission of the legal mind, the vehicles are still the property of the FGN. Even if damaged, they would be taken by the FGN while a replacement is effected.

Tequilah:
If it was Eko Disco that made this assertion, I would have blasted them. Eko Disco is well-known for powering homes and businesses with darkness...and sending them crazy bills to boot!

Those Eko disco guys are bloody rogues.

Ikeja Electricity is performing far better than them.

Geniro:
shameless paid zombie. when will you stop arzz licking those in Alausa to fend for your miserable existence.

Pathetic dunce.

You are obviously a lunatic. Get off my mentions, animal.

nduchucks:
Indeed.

This fine is an insult to our sensibilities. How can you fine these people lass than $100,000 None of them will spend a single day in jail and they shouldn't have been given the option of a fine. nansense

I agree with you, but all the others before them have been escaping judgement, and as such this is a good start. It will send a signal to others out there that things have changed.

Nice one! But someone pls talk to me.

Where are their Nigerian collaborators?? They definitely must have Nigerian collaborators. How come not even 1 person was identified and tried alongside these foreigners.

Our security agencies seriously need to upgrade their investigative capabilities. These foreigners are not ghosts, they can't just come into Nigeria on their own, extract the crude on their own, load the crude on their own into their ship and then sail off. They definitely have Nigerian collaborators.

Lagos—Justice Ibrahim Buba of  a Federal High Court sitting in Lagos, yesterday, sentenced nine foreign citizens to five years imprisonment each after convicting them for stealing  3,423,097 metric tons of crude oil from Nigeria.

Five of the convicts are Filipinos while the other four are from Bangladesh.

The convicts were intercepted by the Nigerian Navy on March 27,  2015 while they were  trying to take the stolen product loaded in their vessel, MT Asteris, out of the country.
Delivering his judgment, Justice Buba convicted them on four counts in relation to the crime and sentenced each of them to a jail term of five years with an option of N20 million.

Handing down the sentence, the judge said he was satisfied that the Economic and Financial Crimes Commission, which prosecuted the convicts, proved its case beyond reasonable doubts.

“The case of the prosecution is as clear as the daylight,” the judge held, adding that the failure of the convicts to supply the evidence that they had lawful permit to deal in crude oil further strengthened the prosecution’s case.

The judge said the evidence of the prosecution witnesses were not controverted.
He agreed with the PW5 who stated that the product was illegally sourced in Nigeria as “the Department of Petroleum Resources confirmed to the EFCC that MT Asteris was not lincensed to deal with crude oil in Nigeria.”

The judge further stated that it was the likes of the convicts that had made Nigeria a laughing stock in the eye of the world.
He said it was not right for anyone to deprive the country the enjoyment of its natural resources through illegal means.

Duty to send strong signal
Justice Buba said the court has the duty to send a strong signal to Nigerians and non-Nigerians alike that the country has laws and the laws are enforceable.

“It is people like the convicts that have made Nigeria a laughing stock in the eyes of the world. The court must send a strong signal that Nigeria is a nation; not a nation of booty. It is not right for either Nigerians or foreign nationals to deny this country its God-given natural resources through illegal use.”

According to him, “this court hereby sentence each of the convicts  to five years term of imprisonment on count one with effect from March 27, 2015 with an option of N5 million fine.”

He also sentenced them to five years each on counts two, three and four or a fine of N5m for each count.

He held that,”All the sentences are to run concurrently but not the option of fine. In addition, the vessel, MT Asteris, and the cargo on board are forfeited to the Federal Government of Nigeria.

“For purposes of clarity, each convict is to serve five years term of imprisonment with effect from 27 of March, 2015 or a fine of N20 million for all the four counts.”

The convicts who were convicted and jailed are Axel Joseph Gibo Jabone; MD Zahirul Islam; Juanito Camireno Infantado; Suarin Fernando Alave and Gatila Jaypee Gadayan.
Others are  Islam Shahinul; Islam Rafiqul; Shaikh Shibli Nomany and Rolando Jose Comendador.




http://www.vanguardngr.com/2015/12/9-foreigners-jailed-5-years-for-oil-theft/

@Punch also featured same story: http://www.punchng.com/nine-foreign-oil-thieves-bag-five-years-jail/

Lalasticlala, Mynd44, Obinoscopy, OAM4J pls come here asap, the Nigerian justice system has caught the change mantra!

No more hiding place for thieves!

I also like the fact that the judgement include forfeiture of that their big ship!

God forgive me, I was just greedily eyeing that their big ship when Channels TV showed it yesterday. . Will the FG auction it? Or give it to either the Navy or Nimasa.

Why was such an amount released for constitutional amendments in the first place?