₦airaland Forum

Lizabeth25:
She's just a disgrace to womanhood! Opening her yansh to her younger brother mate self was a slap to womanhood

Anyways, nah her wahala.....meanwhile, Happy New Year guys.

Maybe it was love at the onset. Who says a man can't marry his senior? The great Shakespeare married a lady nine years his senior.

Oliviaarims:
I really don't know what this is all about. All I know's that Sophia caused all these for herself. At 27,she should have been able to take care of herself. Rather, she chose to date a 21yr old,a guy she's older than with 6 whole years and even allowed herself get pregnant.


She had been scheming all along. Now, it's backfiring. And what if there really was cannabis in the baby's system? It simply means that child isn't very safe being with her.. Mother or not.

Only heaven knows her hidden motive in all these drama anyway. Maybe they want some monetary restitution. A couple of millions perhaps.

You can't be sure without hearing from both sides.

Enoquin:
Going by her tweets, she's got her faults. If I don't smoke marijuana and someone accuses me of taking one as a reason to keep my child, you'd better prepare for war. So, if she agreed in her uncle's presence, Davido's dad and the other witnesses, that her child be kept from her(them) due to traces of marijuana, then she is guilty of taking marijuana. The question might be, when last did she take it?

If she agreed that the child be taken from her(them), she cannot then claim to be tricked in giving up her child, when she went to Coco's residence because I am sure they acted on the agreement from the meeting.

The outpouring of her emotions on social media, I am sorry to say, sounds forced. Emotions were needed at that meeting especially as you gave up your daughter without thinking twice, regardless of the many 'keep calms' your uncle might have told you. What was promised in exchange for your daughter? Why didn't your uncle act in your best interest then? Methinks, he needed the Adelekes, perhaps for future purposes.

I am not concerned about her sleeping with someone 5years her junior, since they were both adults when the acts occurred regardless of whatever intention they might have harboured.

As for Davido, get off social media with your rants. You cannot take a child that is still a dependent out of the country without the mother's consent, this applies to mothers too. No one is forcing you to love your daughter, so don't make it look like loving her is a big deal. Loving your daughter means being at peace with her mother. No one is saying travel with your baby mama, but seek her consent.
Your sister has no right to claim to be the biological mother (if this is true from the tweets), when she isn't, it shows clearly certain bad intentions from your family's side.
No, you weren't manipulated at 21 either.

Nne, I so much like your analysis.

obowunmi:
Davido should stop paying. Leave the Momodus alone - they are LEECHES.

How are they leeches? Have you considered that the said payment was out of his own free volition?

asatemple:
I dont know what this generation is turning into see boldness. A man is a man babe.
This is what you get when you do something with someone that is suppose to address you as 'ANTY'. To even think you opened you legs for a small boy just becos he's a celeb piss me off.
After this episodes, you try and do things with matured minds.

Please, how old is Davido?

Chinachriss:
Did you think Davido would have married you? All these desperate girls sef. See how you've disgraced yourself. Unu dicha nno iberibe.

How did she disgrace herself by laying claim to her baby who is still an infant?

OsusuMustFlow:
“I don’t think I took anybody among the ministers who has got a case in court. Tell me one out of the 36. I don’t think I will deliberately make that mistake.”

Asked if he would sack any of the ministers if he or she is charged to court for corruption, he said:
“No, I will insist that the case go through the courts.”


In other news, Amaechi is not corrupt. But thats none of my business. Continue Baba.

How can Amaechi be corrupt? Not in this regime.

JustHere2Observ:
She has the right not to disclose her status unless she wants to. She just must make sure not to infect her partner. I had a patient who died of AIDS, she told me not to tell her parents, and I didn't. I just counseled her to tell them herself and educated her on treatments and not spreading it.
I won't argue with you, but obviously you don't know consequences of what he did.

The human right of the bf demands that the Gf disclose to him her hiv status before unprotected sex that she so much desired, and was pressurising the bf emotionally to have.

teelaw4life:
I'm not interested in arguing with you also, but you read the part of the op's story where she wanted them to have unprotected sex...to what end? Ajegbodo ton w'eni kunra. Drugging another person without their consent is a criminal offence I know, but at times we may employ some unconventional means to uncover the truth.

Exactly, my dear! Why the craving for unprotected sex on her part?

Tamee:
Are we done here

I can trust him in all the areas you mentioned. He is not as evil as you think. Why? Because he has laboured for her to be tested in the lab, but she refused.

Vivly:
Felicia, If the girl claims they just infected her with the virus, wouldn't it still be in its window stage?

Is her name Felicia? I didn't know oooh!

Wednesday 30 December, 2015 Updated 14:00

Taraba Tribunal Tango and Common Sense

27 Dec 2015

Right of Reply By Nuhu Danfulani

In his THISDAY column of December 20, 2015, Simon Kolawole made a side comment on the legal battle in Taraba State between the governor, Arc. Darius Ishaku, of the Peoples Democratic Party (PDP), and his challenger, Hajia Aisha Alhassan, of the  All Progressives Congress (APC).

The case, which is now at the Court of Appeal, has become a subject of intense and sometimes emotional debate because the judgment by the Justice Musa Danladi Abubakar-led tribunal on November 7, 2015, was first of a kind. The tribunal ruled that the election was substantially free and fair but declared that since the PDP held its governorship primary in Abuja instead of Jalingo, the Taraba capital, then Alhassan, the APC candidate who came second, should be sworn in as the governor.


Since this verdict was delivered, I have been expecting Kolawole to comment on it. He had always played the role of an activist when it comes to electoral justice, and I still recall his articles when Mr. Peter Obi was robbed of his victory in the governorship election of Anambra State in 2003. These days, Kolawole tends to want to play the role of a statesman, refusing to take sides, pulling his punches and advising on the way forward rather than confronting the demons tormenting our democracy. While his new inclination has its advantages, the trade-off is that he will become less vocal about injustice. He cannot afford to do that. That Kolawole treated the perfidy in Taraba as one of those things under "Four Other Things" is not enough at all.


There are several issues in the Taraba judgment that need to be understood by Nigerians. The one people talk about the most is the fact that the candidature of Ishaku is a pre-election matter that should not have been entertained by the tribunal at all. However, there are several other issues that we cannot gloss over. The one that comes to mind immediately is the position of the law on the validity of nomination. According to Section 140 (2) of the Electoral Act (as amended), where an election is nullified on the ground that the person who obtained the highest votes was not qualified to contest the questioned election, the tribunal shall NOT declare the person with second highest votes as elected, but shall order a fresh election. That is the law. In this case, however, the tribunal said Ishaku was not qualified to run and still went to declare second-placed Alhassan as the winner.


Curiously, the Justice Abubakar-led tribunal declared on November 7: "We are not unmindful of the provisions of section 140 (1) & (2) of the Electoral Act, 2010 (as amended) on the appropriate order to make where an election is nullified on the grounds of irregularity, non-compliance or non-qualification to the effect of order of fresh election. However, where the issue of non-qualification is predicated on non-sponsorship or non-nomination of a candidate, the proper order to make is declare as elected the candidate with the second highest votes because the return winner cannot be said to have participated in the election and all votes cast on the said candidate are regarded as wasted votes." What is "proper order"? Who defined "proper order" under what statue? The law is so clear about non-qualification that it did not make an exemption for any "proper order".


The tribunal was clearly wrong when it disregarded the mandatory provision of Section 140 (1) and (2). The tribunal sought to justify its decision in adopting the approach of categorisation or redefinition of non-qualification. According to the tribunal, if the non-qualification is predicated on “non-sponsorship” or “non-nomination” of the candidate, the candidate with the second highest votes should be declared elected and returned. But where it is "any other form" of non-qualification", a fresh election may be ordered and any other relief granted. Evidently, the tribunal sought to change the wording of the electoral law with its pronouncement. Nowhere did the laws make such a distinction. Non-qualification is non-qualification, QED.


For emphasis, section 138 (1) (a) of the Electoral Act 2010 (as amended) which created non-qualification as a ground to question an election does not categorise the type and nature of non-qualification. Also, Section 140 (2) of the Electoral Act, which stipulates the relief to be sought and granted, did not categorise the type and nature of non-qualification that will result in ordering fresh election or declaring the person with the second highest votes the winner of the election. The Taraba Tribunal was only creating this previously unknown differentiation because it was determined to give victory to APC and Alhassan by any means. What the tribunal did was to grant a relief expressly forbidden by section 140 (2) of the Electoral Act, 2010 (as amended).


More importantly, by the logic of the law, if APC and Alhassan were arguing that Ishaku was not validly nominated by the PDP, the consequential prayer is to ask for a fresh election. This is clear in law. By failing to consequentially ask for a fresh election, Alhassan had already damaged her case. It had become a purely academic argument and should have been struck out by the tribunal. In Appeal No. CA/L/EP/GOV/763A/2015 (PDP v. INEC & 4 Others) delivered on August 26, 2015, the petition against Governor Akinwunmi Ambode (APC) on the ground that he was not qualified to contest the 2015 election did not contain a substantive prayer for fresh election. The Governorship Election Petition Tribunal of Lagos State promptly held that the petition was incompetent. It rightly struck it out. That is the position of law.


Indeed, this is the Lagos tribunal's conclusion: "So if for instance, the election is nullified, the people of Lagos state would be left in an anarchic situation as no order can validly be made for the conduct of fresh election, same having not been sought for [in PDP's petition]. A petition that is founded on disqualification of a respondent and an order of nullification of the election must of necessity contain a prayer for an order of fresh election. Where such a prayer is lacking, the petition will be incompetent and academic as even the resolution of such a petition in favour of a petitioner will not confer any utilitarian value on the petitioner(s). Where no relief for fresh election is claimed in a petition, a ground of petition founded on section 138 (1) (b) of the Electoral Act and the entire petition itself are incompetent and liable to be struck out." This is common sense.


The point raised by Kolawole on who can challenge the validity of a party's nomination is very important too. Alhassan and APC lack the local standi to challenge the nomination and sponsorship of Ishaku by the PDP because they are not members of the party. Only members of a party can validly question the nomination and sponsorship of a candidate. That is settled in law. However, we need to even look more at the implicit contradiction in the petition filed by Alhassan and APC. On the one hand, they pleaded that Ishaku was the nominated candidate of the PDP. On the other hand, they pleaded that he was not the nominated candidate. They recognised him as the valid candidate of the PDP in trying to prove alleged electoral fraud and then went ahead to say he was not the valid candidate. Ordinarily, a judge will strike out such a petition.


Alhassan and APC had in paragraphs 3, 4, 9 and 74 (6) of their petition pleaded that Ishaku was sponsored by the PDP for the April 11 and 25, 2015 election into the office of Governor of Taraba State. Particularly in paragraph 74 (6), they sought that the tribunal order INEC to conduct fresh elections in 13 Local Governments amongst the contestants, including Ishaku, who participated in the original election. In fact, the Taraba tribunal initially said in its verdict: “The 1st Petitioner (Alhassan) and the 1st Respondent (Ishaku) are among the 11 candidates who contested in the said election. While the 1st Petitioner (Alhassan) was sponsored by the 2nd Petitioner (APC), the 2nd Respondent (PDP) sponsored the 1st Respondent (Ishaku) in the said election conducted by the 3rd Respondents (INEC)." How then did the Tribunal turn round to say Ishaku was not a candidate "in the eye of the law"? Can this be explained logically and legally?
In law, a person who alleges contrary facts cannot be heard on such facts.

In Chris Ngige v. Peter Obi (2006), Aderemi JCA ruled that a person cannot be allowed to blow hot and cold with reference to the same transaction or insist, at different times, on the truth of each of two allegations or contentions according to the prompting of his private interest. Indeed, any person who alleges contrary facts in respect of the same transaction cannot, in the interest of society, be heard. Alhassan and APC clearly violated the ‘allegans contraria non est audiendus’ principle of law when they pleaded that Ishaku was sponsored by PDP and turned around to lead evidence to the contrary. The petition should have been struck out. This is common sense.


My biggest worry, which is what should worry analysts such as Kolawole, is that Nigeria is gradually moving from PDP shenanigans to APC tomfoolery. Relocating tribunals to Abuja is achieving its real purpose: to take all PDP states and hand them over to the APC, the ruling party. APC hopes to control the 36 states of the federation. History shows that it won't work. APC must learn from history.

PDP did all it could to subjugate the opposition, but it only ended creating mass enmity for itself. It lost power in a humiliating way. APC must choose a different path to domination. The people of Taraba wanted Ishaku and voted for Ishaku. There is no need to create crisis in a potentially volatile state like Taraba by forcing a candidate the people did not elect on them. PDP failed woefully in the last general election because of its folly and APC must avoid that horrible path.


I trust the Court of Appeal to do justice in the Taraba case and refuse to be intimidated by narrow sentiments. Nigerian judiciary needs to be respected for giving sound judgments, not all this "wuruwuru" to the answer that is now becoming the order of the day.

*Danfulani is a law undergraduate and public affairs analyst.

eyinjuege:
I think it's wrong to violate anyone in such a way, especially by someone forming health worker who should know better. Such a person would have no scruples doing worse e.g date rape, murder, kidnap all in order to play "god".

A crime has been committed ma'm, and in saner climes he would have been investigated. Nairaland is not as faceless as we all want to believe. Everyone typing can be identified, and it just takes a little effort by the right people to do that.

Hope you know that being investigated doesn't mean being found guilty. Anyhow, you are right and the op was wrong, as he himself has acknowledged.

Vivly:
Lol Nairalanders. I keep seeing 'sue here, sue there'. I bet that girl doesn't even know the road to a law chamber. Anyone that conniving and wicked must be totally ignorant of human rights. So please, if you love her that much, sue on her behalf cuz she ain't doing nothing. She's moved on to the next nigga without a doctor for a friend. Tamee I bet it's your brother. And beach, could you stop typing with all those horrible smileys?? You remind me of one other nitwit that does same. Do you both have the same imbecilic dad?
P.S. You really don't have to answer the question if you find it too personal. I really had to ask.

I have warned you. Desist from attacking each others person,you will be banned. Let's go to the topic. The personal attacks solves nothing.
Love you, dear. Do you love me, too?

khanwale:
You did well. I once hid a camera in my room and travel wen I checked it later i discovered she was sleeping with another guy in my house. I broke up with her but did not let her know I knew she was cheating.

Now, they will tell us that you infringed on her right to privacy. Abeg tell me the full story, please.

Some cases where consent were not sought before obtaining bodily fluid : The CIA obtained the DNA of Bin Laden's sister without her consent. Nothing happened to them bc of national security of the US.
Similarly, b4 the US security forces became fully convinced that their high value target was in that compound at Abbottabad, they conducted a phony immunisation programme through which they obtained the blood samples of Bin Laden's children and consequently the DNA, which matched that of Bin Laden 's sister.
In these two cases, the CIA and the doctor infringed upon the rights of those persons. But they were not tried because they did those things to save American people.

Tamee:
Lol Baby monkey, my post was the stupidest on this thread because you do not agree with it your witchcraft is intense..
and you need a fresh round of schooling in a more civilized society

Anyway, you have been noticed.
Bye dolt!

It is enough. I will ban both of you if you continue to attack each other. Back to the topic, please.

STFUareyouGod:
why then are you assuming she's aware of her HIV status?

I feel his assumption is based on the fact that the lady refused to undergo hiv test.

INVINCIBLECSP:
I SUSPECT ALL THOSE CASTIGATING D OP AS HIV VICTIMS N D UNFORTUNATE ONES. AM A MEDICAL LABORATORY SCIENTIST, I UNDERSTAND WAT OP N HIS FRND DID. HIV TEST STRIP, A BUFFER WATER AND A LANCET. ITS EASY. SO I SUPPORT WAT HE DID N IT COMPLIES WITH MEDICAL ETHICS ON PATIENTS WHO AV UNGLY SKELETON ON THERE CUPBOARD. IF U REPORT THE OP TO D NPF, U WIL BE ARRESTED INSTEAD

Really? Are you serious?

exco90:
Issue like dis happened to me two mnts back that almost got me landed in jail.. Spent roughly 40K to get mysef out of the issue.. The gal got me arrested. I don't know how my friend leaked the secret to her.. Collected the sample from her. Pretending to run widal and malaria parasite test on her.. Den I did HIV test also. The result was positive. But I refused to tell her the result. Later on. I was arrested. The DPO told me I carried out the test out of her consent.. And again.. I refused to disclose the result to the real owner of the text.. But told my friend about it.. Spend 10k to bail mysef.. And 30k for damages.. With series of please am sorry.. Never in my life will I do that again.. I asked my friend to do that test.. Cos hardly in a mnt the gal won't sick twice..

Thank God for saving you, and more so that you have known your errors

STFUareyouGod:
Bros, let's assume the test came out negative, what would have happened?

The guy would have married her.

nduchucks:
You seem to be unable to focus on the issue at hand. How Mr. Laden and American soldiers take enter dis matter now? na wa for my people o.

Bin Laden, not armed nor resisting arrested, ought to have been arrested and not killed. That is American law and even international law. But they killed him to end the Bin Laden story once and for all.

STFUareyouGod:
how do you know that's her plan? She might not be aware of her hiv status

Yes, chances are that she doesn't know her hiv status. But what could be her motive for insisting on having it raw? I feel that she is very much aware of her hiv status; but, as she doesn't want to lose the guy when he eventually finds out, devised this means of insisting to do it raw, so that if he is infected too, it would be the point of no return in their marriage - they would just marry. A brother to a friend of mine married such. And despite his wife's knowledge of her hiv status b4 marriage, did not disclose such to him, even after marriage and giving birth to their first baby. It was not until the baby became persistently sick, and the hospital ordered for hiv test ,on the baby which came out positive , that his wife opened up to him that she was aware of her hiv status before marriage .The happy part, though was that the husband tested negative.

MsSantaClaus:
That is if you can prove she willfully knew she had HIV, can you? But you committed these crimes willfully and knowingly! Rubbish! You had no right whatsoever!

This is why jungle justice persists in Nigeria. The burden of proof may be hard to present in a law court, but that doesn't mean that the case lacks merit. The op is not, by this post, celebrating drugging and obtaining any body fluid by force; he is only happy for saving a life, wishing that none of us falls for such lady.

STFUareyouGod:
Jeez! You drugged somebody? As if that wasn't enough, you illegally took her blood samples and carried test without her knowledge. Dude you are lucky mehhhhnnn. You should be in jail

You are right sir. But do you know that the lady could have been put into jail too had she succeeded in willfully infecting her bf with hiv?

Tamee:
What is this? Reaction to what guys have been typing on NL of course.
Am I okay? Yes, I am. But if you insult me, I will give you triple dose, ok!

Ok, pls take it easy, you guys can violate womens right na, nothing will happen.
Oh! you know I am a sexist...hahaha Really? Are you the dude living next door or you have witchcraft to know such thing.

Nonsense back at you!

I can understand from the op that he is not advocating the application of this drugging method at all. He has only used it to save life. All these human rights activists, have you considered the human rights of the op that was being violated by the lady hiding a deadly and highly contagious disease from his supposed lover?

Deejavuu:
Why didn't the guy stand his ground about her taking the test before sèx.

Let's always try to condemn wrong doing. What this op and his friend did is very very bad. It's not like the girl threatened him with a gun to his that he must have raw sex. Some people are even calling her a terrorist. Really?

For someone that says he's in the medical field the guy goofed big time. Let's always try to call a spade a spade. People always do shiit because they know they're not in a sane clime where they can't be dragged to court of law for their wrongs.

The guy knows that the drugging aspect is very wrong. Having saved life by it, let's leave it there.

homesteady:
Aren't the two cases similar? Dr Adadevo held him against his wish and she took his blood for testing without his permission.
They are both Bioterrorists and common sense says they don't deserve to be treated using due process.

Thank you sir!

andromida:
Doc you are soooo so wrong. What kind of men are you people? What happened to you and your friend employing common sense to leave a woman who refuses to open up to a test yet demands sex without condom?

You then go ahead to drug her and rape her of her rights with this knowledge your friend will leave her which is what he should have done when she refused the test. So where is the love he had for her flown to?

Which kind of yeye love gives you the right to take like this.

The love is made manifest in the fact that the lady had no real love for the guy but just to infect him with hiv virus. If you have uncommon challenge, using uncommon method is not out of place. Why the desperation to do it raw, quite unlike ladies?

oglalasioux:
Thanks for your matured response. I'm not defending the girl. Her approach was bad. But if the person that took the test is a doctor he should know the rules. If everyone goes on rampage drugging people and piercing their bodies for blood samples, HIV will even be transmitted faster than it does through sex. Narrating the method he used in a forum like this is shameful if he is a medical practitioner. Let's call a spade by it's name.

You are right, sir . But, I want to take exception to the rule. From her desperation to have it raw with the bf, discerning minds went to work. Though unconventional method was used to extract her blood sample, she must take the blame for its application in her case.

Docmann:
Have to create a New Nick for this,Just to hide My identity.Please am not begging anybody to believe this life experience i just wrote down

here, Rather for all to be careful with who ever you are having an unprotected sex with in life, either male or female...Please pardon my Use of

words and spellings.

A friend of mine Visited me in my office,we started discussing as usual, along the line he brought up his personal issues just to get some idea from

me. He told me how he was having serious issues with his Girl friend he loves so much, in the area of him Putting on a CD during Love Making. He

told me that it has been causing so much problem for the both of them in his relationship, because the Gf dont like her guy using CD to make

love to her, because she felt like she is a prostitute and she dont enjoy it, rather she prefer raw Love making..He told me that he would have

love to do it raw, But if he does it he will surely release inside her and his not ready to have a baby for now, That he can only do it raw when

she has fully becomes his wife..They have been dating for like 6months now,they have only made love about 4times, but most times it always

end up in quarreling between both because of the CD Thing, though she works and stay far from him..The pressure was becoming so much on

him from this lady he love, so i advised him to take the lady to the hospital to run blood and pregnancy test on her, that's one condition you will

only give to her before you can Make love with her raw without using protection if she agrees okay. He called me on the phone after some days

gone by, he told me that His Gf refused to follow him to the hospital, that she only brought a pregnancy test to show it to him that she is not

pregnant. He was so confused, yet still blinded by real love for the lady, but something in me kept telling me that the lady is up to something

bad, so i have to do everything to make sure he stays away for sometime from the lady before he might fall into the lady request, so that i can

be able to figure out what to do just to help him out...I Finally figured out a way for us to be fully sure that she dont have any problem inside

her, I told my friend to invite her during this xmas holiday,plead with her and tell her you are now ready to do raw love making without CD with

her, That when she comes we will drug her favorite drink she likes, when she dose off, i will now take little of her blood just to put on the Hand

made easy blood Test Device..We both agreed on that, he called the lady and invited her to his house, she was so happy coming to spend some

days with her man..She came around, she was introduce to me by my friend, her laughter was so natural,very friendly to be with,tall and very

beautiful in nature. We really discussed a lot, i distracted her from not paying attention to my friend while he was pouring drink for the 3 of us,

drink was served by him,i rushed mine pretending to be going home because it was getting late in the night,she drank hers hoping to see me off,

but after some few minute she started feeling dizzy, i knew it was the effect of the drug. She slept off, i quickly took little sample of her

blood, i tested her blood immediately, you wont believe what i find out, The result was HIV Positive showing clear for we to see, i did the test

4times in front of my friend still the same, he almost fainted. I check his, it showed Negative..This happened a day ago, I stayed with him all the

night, just to make sure he dont do anything nasty to the lady. She woke up after like 40min,she saw little stain of blood in one of her thumb,

but couldnt take it serious, she was so shock to see me, because she thought i have already gone home, she asked me wont i go home is

already late in the night. I said, am sleeping here tonight because i have a lot to discuss with your guy..She changed her mood,she went inside

the room to sleep, I and my friend were awake all through out in the parlor..Morning time, guess she faked an urgent call she parked her things

back inside her bag, demanded for some money,which my friend did gave her enough, off she went away..I Felt weak and down, for breaking

there relationship and also for treating the lady in such manner in other to find out her hidden agenda..My conscience has been disturbing

me,though my friend thanked me a lot and now sees me as a Guardian Angel.... But please Guys,Ladies be careful of who you want to have an

unprotected Sex With, HIV IS REAL and is not written on each person forehead...But lets keep showing much love and care toward all the

affected ones, hoping sooner,wishing one day there cure will come and they will bounce back healthy again.

African people and their evil heart. What does she gain by spreading hiv to more people, especially to someone that genuinely loved her?

francizy:
And I say, how many times did you criticize the wicked activities of APC politicians in the past? They all started this bullshit and taught Nigerians how to politicize anything, including insurgency. It's not good but I wouldn't hold anybody back from giving Buhari and co, a taste of their medicine. I think you were probably not in Nigeria in the past years and didn't keep yourself abreast of previous occurrences, else, you'd have just kept mute and watch as the masses give APC politicians back, the harvest from the evil seeds APC planted.

What is good for the goose is also good for the gander.

That's it.