₦airaland Forum

oyatz:
All the six judges unanimously gave the Judgement in the Imo State case and I think similar thing happened in Bayelsa State.
A single judge can't make a supreme Court judgement.

Seven Justices, a full panel of the Supreme court sat over the Imo case.

Supreme Court sits as a either Seven- or Five- member panel.

fergie001:
She retires by 2022, a year ahead of the present CJN who will leave by 2023.

Olukayode Ariwoola is likely to take over if hierarchy is followed.

Very correct.

Mistaicey2288:
Imagine how they delayed the man unnecessarily despite all efforts.. Are they even supposed to arrest Power bike users? Does Power Bike look like a commercial bike?

The Nigerian Police consists of at least 85% gun freaks, trigger happy miscreants and illiterates who just found themselves to be in that Uniform. They miss no opportunity to exhibit their foolishness, greed, incompetence and illiteracy whenever it arises. Lord knows if i had my way into position of power, i will scrap the entire Police force and do a total reset by employing new ones who are more competent, well qualified, enlightened and have undergone proper training...

Apt comment!

SoftP:
The Nigeria Judicial system has wholly be compromised.
A country where a president must give his endorsement before a judge is crowned, u expect an employee to work against the interest of his employer.

I keep saying, this Nation is a huge joke. We can’t cry fowl when we are still being ruled by relics

How is that different from what obtains in the highest courts of other countries?

Umartins1:
Na APC governors start am and na dem do am pass

To some people all issues must be dick measuring contest between APC and PDP.

The governors are engaging in gross abuse of powers by their flagrant sack of elected local government officials.

How does it sound for a president to announce the sack of a governor and put caretaker in charge of the states?

The governors needs to tow the path of equity by according to the local governments the respect and honour due to them.

Sweet!

Stalwert:
the same supreme court that is biased against them, the same Bala that has serious fraud charges against him? I hoped PDP rejects this Victory.

Lol

back2sender:
Naa today you Sabi sey olodos n idiots naa full nairaland. Naa one of them no know sey senator cour case ends at appeal court. My brother the fuul alone

Chai, see this one abusing people smarter than him. Naija people and their 'arrogance in ignorance' dey tire person.

igwefivestar:
supreme court don't entertain National and state assembly election related issues.

Cant you see the FCT High Court in the report??

Is that an election tribunal??

High courts (both state and federal) entertain pre-election matter.

Post election matter is not their jurisdiction but that of an election tribunal.

Even at that, it does not stop politicians from cunningly taking such cases there. Cases outside of their jurisdiction are usually struck out. But that does not stop politicians from appealing the verdicts up to the supreme court.

igwefivestar:
which supreme court oga?

The supreme court of Nigeria of course. Or is it the FCT High court that consider election tribunal cases??

bluecircle470:
All this small boys and indomie generation online saying rubbish. What concerns Supreme Court with senatorial election

Get yourself properly informed before abusing other people more informed than you.

Senatorial pre-election matter can go all the way up to the supreme court. It is only Election Tribunal cases for Legislative positions that stops at the Court of Appeal.

Samakus:
Agreeded 100%

It was even Justice Kekere-Ekun that read the lead judgement and not the CJN.

The law is an ass. Politicians are holes in the law.

Imo Gubernatorial Judgment: Painful but Legally Correct Verdict


https://www.thisdaylive.com/index.php/2020/01/16/imo-gubernatorial-judgment-painful-but-legally-correct-verdict/

January 16, 2020 12:13 am

Kenneth Ikonne, a legal practitioner, posits that Governor Emeka Ihedioha’s legal team made a serious mistake by not filing pivotal cross petition challenging the integrity of the suspect polling units results upon which Senator Hope Uzodinma was relying, and in the absence of a cross petition, the Supreme Court was right to rely on the Electoral Act and Evidence Act in favour of the said results, to reckon with them and add them up to the final result, which upturned Ihedioha’s position and gave victory to Uzodinma.


It is indeed a perplexing paradox: Hope Uzodinma may not have won the 2019 Imo State gubernatorial election, yet the Supreme Court, on the facts, was right in declaring him the winner of that election in law. The error was not the Supreme Court’s, but that of Governor Emeka Ihedioha’s legal team; and it was a crucially fatal error.

What happened was this: during the governorship election in Imo State, apparently concocted results, perhaps, not having any basis whatsoever in reality, but signed by Independent National Electoral Commission (INEC) presiding officers, were turned in from more than 350 polling units, giving Hope Uzodinma of the APC an incredibly unassailable lead. When those results were transmitted to the wards collation centres, the collation officers, who had no power in law to cancel or reject them, rejected the said polling units results, and refused to collate them, thereby effectively excluding them from the total tally of the governorship result that was eventually declared by the Returning Officer.


In the aftermath of the said exclusion, the INEC declared Governor Ihedioha the winner of the election.


The exclusion of the results of those polling units was the fulcrum of the petition presented at the Tribunal by Hope Uzodinma. Ever since David Mark V. Abubakar Usman, and Doma V INEC, the law has been settled that neither collation officers nor a returning officer, has the power in law to exclude a polling unit result duly signed by the presiding officer at the polling unit; only the election tribunal possesses the power to cancel or exclude such a result.


So, at the point of its presentation, Senator Uzodinma’s petition was potentially viable, in spite of the apparent dubiousness of the polling units results on which it was anchored, there being a rebuttable presumption of regularity and correctness, by virtue of both the Electoral Act and Evidence Act, enuring in favour of any result declared by a presiding officer.


The backbreaking and fatal error made by Ihedioha’s legal team was in not filing a cross petition fiercely challenging the integrity of the suspect polling units results upon which Uzodinma was relying, and praying the election tribunal to formally nullify the said results.


Without a cross petition, none of the grounds under section 138 (1) of the Electoral Act for questioning the elections conducted in those polling units in which Uzodinma “won” could have been competently raised by Governor Ihedioha in his defence to Uzodinma’s petition. This was the ratio decidendi of the old Court of Appeal decision in Idris V. A.N.P.P.(2008)8 NWLR(PT.1088) Page 1. In the recent Court of Appeal decision in Atiku Abubakar V. Buhari, the Court of Appeal again invoked the principle in dismissing Buhari’s contention that Atiku Abubakar was born in Cameroun to parents who originally were Camerounians, and thus disqualified from contesting the election. Dismissing the contention, the Court of Appeal held that the issue was incompetent, since Buhari did not file a cross petition.


Ihedioha indeed did set up facts in his reply to the petition rehashing the serial infractions that led to the exclusion of the results of the said 300 plus polling units. But that was legally not enough, in the absence of a cross petition. Besides, such renditions by a respondent in a mere Reply or Statement of Defence are clearly incompetent. The reason for the incompetence was made clear by the Court of Appeal in National Judicial Council & Ors V. Hon. Justice Jubril Babajide Aladejana & Ors (2014) LPELR – 2413 (CA) Page 31, paras C – F, at ratio 3 thus –


“The law is that it is a plaintiff who by his statement of claim primarily nominates issues to be tried in a suit and which he relies on to have the judgment of the court. For a defendant, it is only necessary to resist the plaintiff’s claim on the facts pleaded. It is not for a defendant to set up facts which would convey that it is not just setting up a defence but setting up a new case of his own. He can only do so by way of a counter claim.


Shorn of the legalese, what the above authority is simply saying is that since the issue nominated for trial by Hope Uzodinma was the unlawfulness or otherwise of the exclusion of the results of the 300 plus polling units by the ward collation officers, Ihedioha’s defence was therefore necessarily restricted by law to showing that those who excluded the results had the power in law to exclude them.


Without a cross petition praying for the nullification of those results, the law forbade Governor Ihedioha as respondent from raising the issue of the alleged serial corrupt practices and irregularities marring the said results, in a mere statement of defence; that was a new issue not nominated by Uzodinma as petitioner. Ihedioha, being a Respondent, could only have competently raised them via a cross petition, being a new issue not nominated by Uzodinma, the petitioner.

Tragically, Ihedioha’s legal team forgot to include the pivotal cross petition. And in the absence of a cross petition, the Supreme Court was right in law, painfully though it may seem, to rely on the presumption of regularity and correctness enshrined by both the Electoral Act and Evidence Act in favour of the said results, and to reckon with them and add them up to the final result, since Ihedioha’s legal team had woefully failed to effectively attack the results and rebut that presumption.

For the Supreme Court, this was the legally correct conclusion to come to, having found that INEC had no power in law to exclude polling units results duly affirmed by the various polling units presiding officers.

https://www.thisdaylive.com/index.php/2020/01/16/imo-gubernatorial-judgment-painful-but-legally-correct-verdict/

Hope that is not the Iranians testing a nuclear weapon?

Afamed:
Stop saying rubbish. NIN office/ centre has no link to your BVN. I did my NIN registration recently, the spelling on my first name I gave to them at NIN is different from the name I had early used on my BVN. After the NIN slip was immediately printed , I only took it to the bank to regularise the spelling of the names with court affidavit.

Its only if you had early done the NIN registration and got the slip printout which you later discovered that it had a name misspellings/ date of birth errors that you pay for correction of such in your NIN printout. again

Stop foaming in the mouth and displaying your ignorance on issues you don't have the complete facts.

NIMC itself acknowledged on twitter from their replies to complaints and queries that they got data from BVN.

That you are unaware or uninformed does not negate what the OP said. Go to any NIMC registration point, and give them the BVN of someone who has never registered with NIMC, you'll see them pull up the data without qualms on their own portal.

Afamed:
My brother I am also confused here. Something isn't adding up here

So you are actually confused on the issue, and was saying someone is wrong.

Afamed:
You are getting it wrong. If NIMC got their information from the data early provided by the bvn, what's the essence of NIMC registration again? Since Op is just registering for NIMC , and he has corrected his month of birth in his BVN , I really don't think there should be any issue

Once you give them your BVN at NIMC, all your data comes up. If there is issue with date of birth, they will tell you to go and pay 15k before it can be corrected.

If there is no conflict with the data and it matches those you just supplied to them, they submit the details and then print the slip containing NIN for you.

If you dont go to them (NIMC), how will you get the slip that has the NIN??

Afamed:
You are getting it wrong. If NIMC got their information from the data early provided by the bvn, what's the essence of NIMC registration again? Since Op is just registering for NIMC , and he has corrected his month of birth in his BVN , I really don't think there should be any issue

You don't have the correct facts. Kindly make enquiries directly from from someone working in NIMC or anyone that has directly experienced the issue.

Is the position not a political one? Why the emphasis on his grade when he was still in the civil service?

They should leave him abeg. He is a youth and will bring fresh ideas on board.

chuksoyo21:
Wike is right... PDP loosing to APC in Bayelsa is a major slap in the face...

So the next thing is to be talking arrogantly to your senior to quit the party??

cana882:
workaholic??
Education 0
Security 0
Sanitation 0
Jobs 0
Scholarship 0
Patching of road 100%

A governor without commissioners, no state excos. Nothing. Operating as a dictator in the state yet calls buhari a dictator. Everyone in the state is scared of him that’s why nobody speaks of his deleterious acts.

So I ask again, workaholic?

So Wike does not have commissioners in place yet??

And nobody is saying anything!

The hyprocrisy in this country is mind boggling.

Why the comparison? Why not just give us the dimensions and then state it will be one of the biggest airports after completion.

Officialgarri:
So the AGF wants to assume the responsibility of the DSS... What a joke!!

Sowore is a person of interest to the DSS, what does AGF have to do with National security?

Stop talking like an illiterate. Familiarise yourself with the duties and roles of the AGF.

Make Buhari kuku leave them till 2023. Make them become official Buhari 'Abobaku'.

Who be DSS where Army dey?

wink2015:
We can now see the reason Okorocha is desperate to become President of Nigeria

So that he can have Nigeria under his toe.

But this hospital should be forfeited to Imo state government not the federal government.

The fact that the federal government prosecute the case does not give them the right to claim property at the state level.

What does the law they used in trying the case say?

Alanpoza007:
The boxing match starts by 10pm Nigerian time, tomorrow Saturday 7th December, 2019.

Boxing matches does not have fixed time. It depends on the time they conclude the under card matches. If everything goes as planned, the match is expected to start around that 10pm Saudi time, which is around 8pm Nigerian time.

feezy:
I knw of a website that will

please share

nedekid:
Oga if a real positive person with capacity such as adesina presents himself I will surely vote for him. Where he comes from is not applicable. Everything he touches he distinguishes himself. Same as Peter Obi, Ambode etc.

Ambode?? The most useless governor Lagos has ever had? Someone that messed up Lagos inner roads, returned the state to a rubbish HQ and made civil servants lethagic.

Never you put Ambode on the same level with Peter Obi, Akinwunmi Adesina and other high performers.