Bigchief46's Posts
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naijathings:Hahahahahaha, o boy, you be proper Sherlock Holmes |
MRSALT:O boy, we never begin talk about the Senate Presidency yetoooo. We have a new National Chairman, so less talk for now. Allow APC shoot themselves in their foot with mismanagement of the Saraki ish. When (if) Saraki is forced to resign, Ekwerenmadu will take over as Acting President & preside over conduct of elections for new Senate President. Politics sweet wella, I tell you: I cannot wait. Meanwhile, President Buhari will probably be on a visit to Bermuda then ![]() |
Osyabj:If you would just stop insulting Judges who are clearly better than you would ever be then, perhaps one could listen to you although you have no point. You come here, hide under the anonymity of the Internet & call people "brown envelope" Judges. You make other fantastic allegations about Senior lawyers receiving millions of dollars in bribes. ALL WITHOUT ANY EVIDENCE. Once a person or the parties he supports loses a decision in Nigeria these days, then the judiciary is corrupt: if he wins, then the judiciary is the last hope of the common man. Some of you who write these trash are useless brigands who cannot tie the shoe laces of the people you open your smelly mouth to abuse. Nairaland better do something about these posters who constantly take pleasure in vilifying our judiciary; no nation that makes nonsense of that important arm of the Republic will go far. Make no mistake: criticism of judgments are allowed AND IN FACT ENCOURAGED; that is how the law develops & grows because no one, not even judges know it all. If it was the days when appeals still lie to WACA or Privy Council, many Supreme Court decisions would be over turned. Judges can and do err in their decisions simply because they are human beings not necessarily because they were bribed. I am not also saying that we do not have bad eggs who take bribe but to just come & publish wild & patently false allegations is unacceptable. Critique of judgments have its rules: stick to canvassing arguments in support of any position you assert & don't push motives that are only subjective & and in respect of which you have no proof. Happily you have informed us that the SC will soon make clarifications so we shall see. Meanwhile, although Nairaland is not the ideal venue to press these arguments, I will briefly respond to the points you made. First of all, Excos & or factions DO NOT conduct primaries so even if a court invalidates the primaries conducted by any "faction", it cannot affect Odua & co because the primaries from which they emerged was conducted by the NEC. I am not at my base, else I would publish the relevant sections of the PDP Constitution. If the "primaries" from which the people you support was conducted by a State Exco, then it has no place in the PDP Constitution. According to you, the SC after allowing the appeal of your group merely reinstated the judgment of the Federal High Court & you have set out what those orders are. It is obvious therefore that as at the time the FHC made its orders, the general elections had not been held nor had anyone been declared winner nor issued Certificates of Return. Therefore the FHC decision allegedly restored by the SC never withdrew anyone's Certificate of Return nor did it order your candidates to be issued said Certificates. Indeed, since neither the FHC, CA & SC ordered the withdrawal of the Certificates of Return of Oduah & Co. & it's issue to their opponents, ON WHAT EXACTLY does your group base its hue & cry for your candidates to be issued said Certificates without which they cannot come near the National Assembly? Which ORDER OF COURT are they seeking to enforce? As at the day, Oduah & Co stood election, they were valid candidates of the PDP by virtue of the subsisting Orders of the Court of Appeal; THEIR ELECTION WAS VALID. You should DISTINGUISH this from a situation where INEC ignored the order of the FHC to allow Oduah & Co contest. That is where There would have been a problem which is not the case here. That difference is vital, think about it because I can't write a full exposition on it here. A certificate of Return can only be withdrawn if there is an EXPRESS order of Court first nullifying the election of the affected candidate & then ordering the Certificate to be withdrawn; that is not the case here. So what the SC settled was really an "ACADEMIC QUESTION" which they would normally refuse to do but also sometimes settle as a guidance, but such questions even if settled hardly confers any benefits on the litigants. Some one mentioned Amaechi's case in another post & my short response is that that case is no longer applicable law in Nigeria. The decision by the SC in the Amaechi case in respect of the 2007 elections was so perverse, that the National Assembly in amending the ELECTORAL ACT in 2010 inserted the provisions of S. 141 for the very first time in our electoral jurisprudence. Read it & let us know how in your wildest imagination, your candidates can be issued Certificates of Return. Remember we are talking about Statutory Law not judicial pronouncements. Someone in another post talked about my earlier reference of names being or not being in the ballot: yes, when we say a person's name is on the ballot on the day of an election, we are not saying it is written on the ballot paper; of course only names of political parties & their logos are there. It is just the expression used to state who is flying the flag of the party. But note that while the name of the authentic candidate is not on the ballot papers, it appears on the MOST IMPORTANT electoral document: the Form EC 8E: Declaration of Results. Without the Form EC 8E bearing the name of a person as having contested an election, INEC BY LAW cannot issue a Certificate of Return to such person. I am sorry to piss on your parade, but your group is barking up the wrong tree. Your candidates do not have any Form EC 8E containing their names as candidates in the election, so no amount of shouting, crying & sentiments can assist you. People do not understand that the Law is very complex whence once issues are above their heads, they resort to insults & unsubstantiated allegations of bribery of Judges. As I said in my earlier post, neither your candidates nor Oduah & her group were parties to the case already decided right from the FHC, CA & SC so how do you think any Court Orders can be made for or against any of them? |
Congrats Sir, more grease to your elbows. And to those talking nonsense, please don't flatter yourselves: you do not know better than the good people of Benue South Senatorial District, what is in their best interests. Over half of those in the US Senate have been there for about TEN terms. David Mark would be just a beginner if he were to be in the US Senate |
PhockPhockMan:There is no confusion on the issue except that being created by mischievous persons. There was no order by the Supreme Court sacking Senators Ubah, Odua & Okonkwo. I have written extensively on this point in the past and need not repeat the whole argument again; anyone interested can just follow my posts. The highlight of the FACTS OF THE MATTER are as follows: what the SC decided was simply which individuals are the authentic State Executive Committee (Exco) of PDP in Anambra State. Anyone who has a little idea of how primaries are conducted in ALL parties including APC, PDP, APGA, etc will tell you that State Excos DO NOT CONDUCT PRIMARIES. Primaries are conducted by the National Executive Committee (NEC) of a party who sends two panels: one panel to conduct the primaries and another one to hear appeals from aggrieved parties with further appeal lying to the NEC. Furthermore, it is the NEC of a party that submits the names of candidates who duly emerged at the primaries and who will fly the flag of the party to INEC. The necessary documents are signed by the National Chairman & Secretary and no one in the State Exco has any role in this. This is the case even if the primaries is for State House of Assembly, Reps, Senate, Governor, etc. Since the State Exco has no role in the conduct of primaries or submission of the names of a party's candidates to INEC, a decision as to which persons are the lawful State Exco of the party at any given time cannot affect these three Senators. Also, the Supreme Court never nullified the primaries from which these three Senators emerged; they also did not validate the primaries from which their opponents purportedly emerged. If the SC did not nullify the primaries that threw up Oduah & co which was monitored and accepted by INEC, on what basis is their candidature faulty? Is there anywhere in that entire Sup. Court judgment where the names of Odua, Ubah & Okonkwo were mentioned? Is there anywhere in the said judgment where the names of the other three persons challenging them were mentioned? Were any of the six persons parties to the suit at the Supreme Court? Is it not TRITE & ELEMENTARY LAW that no Court will make an order against a person who is not a party before it? Is it equally not the law that a Court will not make an order in favor of a person not before it and in respect of a prayer not sought before it? Did the SC direct INEC to withdraw the Certificates of return of the incumbent Senators? Did the SC direct INEC to issue Certificates of Return to the other three? Finally, these three JESTERS who ask to be sworn into the Senate to replace Odua & Co. are apparently unaware of the clear & extant provisions of S. 141 of the Electoral Act, 2010 (as amended); it states that UNDER NO CIRCUMSTANCES should any Court declare as a winner of an election, any person who did not participate at all stages of the election. The question to ask is whether these three JESTERS participated in the General election. Was any Nomination Form submitted by the NEC of PDP to INEC on their behalf? Were their names on the ballot when votes were cast in their constituencies on the date of elections? Were they candidates at the General elections. Every day on Nairaland, you see IGNORANT IDIOTS & NINCOMPOOPS insulting Judges & the Judiciary at the drop of a hat. This is becoming a favorite National pastime. Useless half-baked lawyers who have no practice now turn Nairaland into their Court room to exhibit their ignorance. Only a BIG FOOL will describe the Hon. Justice Gabriel Kolawole, a former accomplished law teacher before joining the bench & one of our most incorruptible & brilliant minds on the Bench in such insulting language as has been used in this thread. These same fools know better than Justice Kolawole, they know better than the Supreme Court; they know better than everyone |
I really don't follow; why did he go to the polling unit if he had no PVC? Or did he lose it on the way there? Or did he think the Presiding Officer will be intimidated by his status as a Minister and allow him to vote "on self recognition"? |
Can someone please remind me what the Ecowas free trade protocol is all about? |
Dann01:No one is hating my dear; "haters" seem to be the only phrase some peeps have in their dictionary these days. Once they don't agree with your criticism of someone they are besotted with, you are a "hater", smh. Why should I hate D'banj? He does not know me from Adam & does not bother whether I am alife or dead. Can't someone give his opinion particularly on this very thread where everything said is half in jest? You guys take yourselves too seriously |
ojeffo:Lol; I am sure all phones sold by Slot will have a default setting which rejects OGA TITUS as a ring tone ![]() |
creamylicious:My dear, we are still here but the truth is that news like this is not worth FP at all. I really wonder what value D'banj will add to any brand at the moment. Dude is not putting out new stuff out there; very soon only the older generation will recognize the name and even then, they will not remember exactly what for. On a serious note, will someone who has just read this post or who has read about D'banj now being a delivery boy for slot, order a phone IN THE HOPE that s/he will be lucky that D'banj will deliver it? I am sure he delivers less than 0.00001% of the phones sold by Slot all over Nigeria. Or would those he delivers to buy another one out of excitement or what? |
As someone already asked, how did the Air-hostess of all people know that the hand luggage did not pass through the Scanner? Assuming some other person in a position to know gives a tip-off, it certainly won't be to an Air-hostess. It's good to read all the other comments before commenting. A commentator above just explained WHAT ACTUALLY HAPPENED as published in Vanguard of February 10: these were security men of former Vice-President Atiku Abubakar who were involved in a road accident earlier and was being flown to Abuja for treatment, hence the guy in bandages. Security Aides /bodyguards carry weapons to the plane all the time subject to proper documentation but in this instance, the bullets for the weapons were not properly documented. The Security men were asked to go to FAAN & document it properly; they did so and left with the flight to Abuja. No big drama there |
JerryTeddy01:First ask yourself why PDP lost ALL the Governorship cases they filed against the APC at the Supreme Court. When you answer that we can come back to discuss your thread |
lailo:AND WHERE EXACTLY DID THIS HAPPEN? You people just come to the Internet and spout OUTRIGHT LIES or parrot those spewed by others just to maintain baseless arguments. No where in Nigeria in this election did votes cast exceed the number of registered voters in the Voter's Register. The case made by Petitioners is that number of votes cast exceeded number of accredited voters but their argument is faulty because they rely only on figures of accreditation by Electronic Card Reader whereas accreditation with Voter's Register which is the only one recognized by law anyway, accounts for the difference. This point has been explained over & over again but it is confounding that APC supporters all seem to have been infected by the Zika virus which affects their brains. Why is this so difficult to understand? No one is saying the elections were perfect. ALL THE PARTIES WITHOUT EXCEPTION ENGAGED IN MALPRACTICES but the basis of the complaints at the Tribunals was mainly on malpractices relating to Card Reader data which has been shown not to be supported by law |
If anyone was ever in doubt that APC is a useless party, then this is it. "Our source said"; LMFAO. The very first decision in any Court in Nigeria on the legality or otherwise of Card Reader was by the Court of Appeal, Lagos Division which held that it was not part of our Electoral Laws & that alleged non-usage of Card Readers for accreditation is no ground for nullifying an election. The CA on that basis dismissed the case brought by PDP & Agbaje against APC & Ambode. The PDP never abused the judiciary for so holding; just as Jonathan did at the Presidential election, they calmly accepted the decision & did not even appeal to the Supreme Court. The APC celebrated this FIRST decision by any Court that Card Reader is not part of the law & Ambode was left alone to carry on his governance. But now, the Supreme Court has reached this same exact decision that the CA did in favor of the APC in Agbaje, PDP V. APC, Ambode & now APC Zombies won't let us hear word. Now the judiciary is corrupt. The SC has been consistent on this point which a first year Law Student knows to be the case. This was their decision in Zamfara, Delta, Ogun, Ebonyi, Rivers, Abia & all the several other Governorship matters that have come before them. I have written detailed Legal analysis of the applicable principles before now on this forum thinking I was addressing people with brains not knowing that Zombies are parading this forum. What makes the decision in Akwa Ibom different from that in Zamfara? Or the sources did not tell you how the SC was also bribed in that case? Or in Ebonyi? I have said it: those who ride on the back of the tiger will one day end up in its belly. The Supreme Court is one of our remaining cherished & revered public institutions but never in the history of this country has it been persistently and maliciously attacked as the APC & their supporters are doing. Our democracy is in grave danger with the way the APC & its leaders are going. We are watching |
Still early days |
blackestboy:What really bothers me is the legality of these actions by the DSS. The Directorate of State Services (DSS) which is also known as the State Security Services (SSS) is concerned with matters affecting the security of the State. Issues of corruption are for the EFCC, ICPC & NIGERIA Police. Are we not gradually descending into a Gestapo State? Why should ordinary citizens who are not suspected of activities against the security of the Country be traumatized & witch-hunted by their residences and offices being invaded by a State Security outfit? I am not making any definitive Statement because we don't know why this citizen's residence was invaded & violated in his absence. Perhaps matters of State Security are involved; but if not, we should be worried. My worry expressed here is not corruption fighting back. You cannot do the right thing in the wrong way. Those who will celebrate these illegalities & trampling of the rights of others should remember what history has always taught us as a constant: those who ride on the back of a tiger ALWAYS end up in its belly |
chuckdelis:LMFAO |
As far as I am concerned, my Noble Lord, Mahmud Mohammed, is one of the most upright & incorruptible CJNs this country has ever known; AND I SHOULD KNOW. We will miss you Sir; you have restored some integrity to the Judiciary. The Law must be certain & consistent at all times & not subject to the whims, caprices, emotions & subjective interpretations of the highest bidder. Wishing you a joyful, healthy & fulfilled life after retirement. YOU ARE ONE OF MODERN NIGERIA'S HEROES |
ddippset:You should at least try to be original: "you have got comprehension problems" is the default fall-back position on social media for peeps who have no answer to issues that are above their tiny brains. It's jaded so look for a better come-back or keep quiet if you have nothing of substance to offer |
ddippset:Okay Sir, I get it: we should forget what our CONSTITUTION says; we should forget what our SUPREME COURT says; we should forget what established principles say; we should forget what oyibos do; we should abide by what YOU, as the all-knowing says. It doesn't occur to you to contemplate that contrary to your ARROGANT know-all disposition, there might in fact be very good reasons of public policy distilled over many years of jurisprudence for this position of the law. Okayoooooo, you do well |
Ekiti Election: Nigerians should ignore Falana’s self-interests induced comments – Fayosehttp://dailypost.ng/2016/02/09/ekiti-election-nigerians-should-ignore-falanas-self-interest-induced-comments-fayose/ |
ddippset:Have you heard of "double jeopardy"? No? Then read it up; it's a Constitutional matter as well & you don't need to curse the Courts: no one can be tried twice for the same offence. That is the same principle world wide & I hope you know we inherited our judicial system from the "Oyibos". Every person now feels free to come to social media; assume a moral high ground and abuse our Courts; no wahala. If the O.J. Simpson case had been tried in Nigeria & the same verdict reached; you guys would have lynched the Judge. Smh |
989900:I don't really like to argue based on speculations and beer-parlor gossips. What exactly would Fayose be indicted & or prosecuted for even if he had no immunity? The fact that someone comes to the Internet or media & says that Jonathan gave Fayose $37m or any other amount does not necessarily mean that is true. Even if it is true, proving it in Court is another entirely different ball-game. Most people will be shocked the way the whole Dasukigate matter will be resolved after we finish with the theatrics of Bail, refusal of Bail & detentions in prison & enter the real trials. People will IGNORANTLY start cursing the judicial system again & say it is the headache of Buhari because you don't understand the way things work ALL OVER THE WORLD. Now, assuming, Jonathan gave Fayose $37m from his Security Votes (I said assuming, I am not conceding or denying the point cos I don't know), what is the issue? By law, Jonathan or any Governor or LG chairman or Senate President or hundreds of other officials have security votes they can spend as they please for what ever purposes including "rigging elections" D. Security Votes are not retired or accounted for. I don't know what the Security Votes of a President amounts to but I know some Governors who collect about N1b every month. So, if such money was given to Fayose by Jonathan AS ALLEGED, in what circumstances can you say he "diverted" it? Did Jonathan who was alleged to have given it to him complain that it was not used for purpose intended? Will he come to court to testify accordingly? How do you prove that any money allegedly given to Momoh & his crew was from such very money? After all Fayose had his own election budget he could use for any purpose which pleases him. How do you prove that money was given by Jonathan to Fayose or from Fayose to Momoh? Is there a paper trail? Did it pass through the Bank? Or do you think that if Aluko or the other officer just comes to Court to say I witnessed such & such, it will be automatically given credibility & accepted by the Court even when those accused will deny it & also call their own witnesses. There are rules guiding "confessional" statements. This is the same Aluko I am told, who deposed to an affidavit ON OATH in the election Petition between APC V. Fayose when he was still PDP Secretary and averred that there was no rigging by Fayose, that the elections were free & fair & that all the allegations by APC were false only for him to subsequently decamp to the APC to start singing a new song now called "new revelations" & you think any reasonable Court will give probative value to it when his former sworn statement to the contrary is still available? There is no vicarious liability in respect of criminal matters. I have not yet heard anyone saying they personally saw Fayose hijacking ballot boxes or falsifying result sheets, etc. Most of the thousands of foot-soldiers who participated in the election on both sides, who have no immunity & who carried out the actions in the field on Election Day have not been prosecuted & people are waiting for when Fayose will leave office. Which political office holder has ever been prosecuted after leaving office for atrocities committed during the elections that put him in office? If Military officers are indicted for failure to comply with or compromising for what ever reason in the Military codes guiding their participation in elections, what is the business of Fayose with that? At the drop of a hat people shout "EFCC" as if it is a magic wand. And please, I want APC members in the house to educate me on one thing: how exactly is PDP worse than APC when it comes to rigging elections? So APC does not rig elections? APC Governors & office holders are saints? All the elections in States won by APC were free and fair? It is nauseating when people choose to be so hypocritical. WHAT IS THIS "REVELATION" IN THE EKITI CASE THAT WE HAVE NOT HEARD OR SEEN BEFORE A THOUSAND TIMES in Nigerian elections? Is this the first time that the military is being compromised & used to rig elections? Mind you no body is saying rigging of elections & all the other financial & moral atrocities are in order but everything must be judged fairly & in the proper context |
989900:Yes Sir, and not just in Nigeria but all over the world. It is not just a matter of judicial policy but of public policy as well. There must be an end to litigation. It will create chaos & upheaval if litigants can keep re-litigating an issue ad infinitum each time they wake up & say they have new evidence. There is no known precedence for it in Nigeria. Those talking about the Supreme Court or any Court reversing itself do not know what they are talking about. There are a VERY FEW instances where the Supreme Court can reverse itself on a PRINCIPLE OF LAW BUT NOT on a decision already entered in a case. For instance, the Supreme Court in 2007 declared Rotimi Amaechi winner of the elections as candidate of the PDP even though he never contested the general elections which was contested & won on the platform of the PDP by Celestine Omehia. However, if today, another case on all fours with that one comes before the Supreme Court, they will decide differently based on new facts now before them. The new fact being that after the Amaechi case, the Electoral Act was amended in 2010 with a specific provision inserted vide Section 141 thereof that under no circumstances can any Court declare anyone as winner of an election in which that person did not participate in all stages of the election. You will notice that even though this amendment was made while Amaechi was still in his first term, no one went to court to canvass that because of this new fact of enactment of S. 141 of the Electoral Act, Amaechi's case should be revisited by the Supreme Court & he be disqualified. This is because once the Supreme Court has entered a decision on that very case, it is final. But the Supreme Court as I said can reverse the principle it enunciated in the Amaechi case in another similar case which comes before it. Another way the Supreme Court or any other Court can reverse itself can be described in this analogy. Let us assume that Fayose contested against the candidates of APC, APGA, KOWA, etc and that what the Sup. Court decided was the case brought by the APC candidate. Let us assume that there is another election Petition by the APGA candidate still pending (which is not possible because of limitation period); let us assume that the APGA candidate can amend his Petition to include the new evidence (which is not allowed in Election Petitions anyway), then if the APGA case finally reaches the Sup. Court, they can reach a different decision from that in the case by the APC candidate based on the new facts; so you could have a "reversal" in that sense. But then again it will not really be a case of reversal but one of proof: the APC could not prove their allegations of rigging, fraud, etc but APGA provided proof (even if it was by the "new evidence). Then you will have a situation where the SC will say there was no rigging in Ekiti in the APC case only to come later in the APGA case to say there was rigging in Ekiti & members of the public (particularly PDP ) will go hay-wire cursing the SC out of ignorance. Mind you, even if the case by APC was still pending before the SC when the "new evidence" came to light, the SC will pay no attention to it in so far as it was not tendered at the trial Court (Tribunal) & comes before them through the Records of Appeal. There is only a very narrow window in which the SC will consider fresh evidence not first tendered & considered by the Courts below. The duty of the SC & appellate Courts is to review what the Courts below did & determine whether or not they were right. An issue or evidence that was never before or considered by the lower Courts cannot be considered by the SC. The problem is that people don't realize that litigation is circumscribed by very technical rules; it is not your typical town union or neighborhood arbitration |
Urine:And you Sir, obviously didn't read the cases he quoted. Prople are so lazy these days. I was actually trying to resist the temptation of entering an argument on legal issues with people whose background I don't know but for the fact that others may be misled into thinking there is anything of substance in the rubbish Falana is spewing. Our Constitution is available everywhere & every educated Nigerian should have a copy whether or not you are a Lawyer but as I said earlier, many people who comment are too lazy to even make the effort to take a look & see for themselves what the particular Sections of it being discussed says. To demonstrate the complete irrelevance of the cases mischievously referred to by Falana that has got some people dancing up & down like people with Zika virus, let me take the trouble of first setting down what S. 308 (1) of the Constitution says; after all this Forum should also be for educational purposes & not only for insults. S. 308: "(a) no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office; (b) a person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and (c) no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied or issued" NOTE THAT THESE PROVISIONS ARE MANDATORY, CLEAR & UNEQUIVOCAL. The Constitution is the Grundnorm. To understand what was being said in the said cases our LEARNED SILK is using to confuse the public, I will simply illustrate thus. In 2003, President Obasanjo who was a sitting President was sued & served processes by Buhari in the election Tribunal and he answered to the Petition even though he had immunity. S. 308(1) is not an defence in this instance. Goodluck Jonathan while in office was also sued in Courts other than Election Tribunals over his qualification to contest again in 2015 for several reasons. As we speak, Buhari who is a sitting President & enjoys immunity has several cases pending against him at the Federal High Court over his lack of the basic educational qualification (WASC) to hold the office of President (in which incidentally Falana is one of his Defence Counsels) & the immunity clause enshrined by S. 308(1) of the Constitution is not a defence. The cases quoted by Falana which arose early in our current Presidential system of Government simply makes an exception to the immunity clause in respect of suits or proceedings questioning the eligibility of a person to hold the office which has conferred the immunity in him in the first place. That is the only exception. The issue of Fayose's election has been conclusively & FINALLY determined; it cannot be revisited again by any court. Fayose enjoys complete immunity in respect of the issues arising from the Military panel. In fact, even ordinary "bloody civilians" like me cannot be tried in a Military Tribunal. As for those bringing in EFCC in matters of ALLEGED RIGGING of Ekiti elections, your ignorance knows no limit NOTE: there is a world of difference between the person declared winner of an election being sued at the Election Tribunal to invalidate his return & a person being charged for electoral fraud. An Election Petition does not charge anyone for Electoral fraud, even if allegations of corrupt practices or non-compliance are made therein; rather it challenges the results of the election declared by INEC on any or a combination of the 4 grounds set out at S. 138(1) of the Electoral Act, 2010 (as amended). The allegations of rigging, corrupt practices & non-compliance in the Ekiti elections have already been heard & dismissed by the Supreme Court & that is it. People should stop dreaming of it being revisited again. The judicial system does not work that way |
lastpage:Lol, hahahahahaha; you are a LEARNER. Where did you learn your own Law? Our educational system is really in shambles. Please stop making a BIG FOOL & ridicule of yourself on the internet and embarrassing Lawyers. Over-rule and reverse itself indeed |
I can't believe that Falana of all people says that any Governor at all including Fayose can be prosecuted while still in office and protected by the Constitutional immunity clause. Anyway, he did not refer to any Section of the Constitution or other law or any Judicial precedent where such a thing has ever happened. It is astonishing what partisanship can do to an otherwise brilliant Lawyer. Or maybe it is arrogance which leads him to think he can just open his mouth, say whatever catches his fancy and bamboozle the public. Smh |
WE NEVER DOUBTED OUR MANDATE. TO GOD BE THE GLORY My Good people of Abia State. It is with great joy that I address you on this beautiful day that the Lord has made. Yesterday, Wednesday, the 3rd day of February 2016, an erudite Panel of Supreme Court Justices led by no less a personality than the Chief Justice of Nigeria, affirmed our mandate to serve you as Governor of Abia State. This was the same mandate that you freely gave to us when you trooped out en-masse to cast your votes for me in the Governorship elections of April 11, 2015 and the supplementary elections of April 25, 2015 in Abia State. In the aftermath of our declaration by the Independent National Electoral Commission (INEC) as the lawful winners of that election, the candidate of the All Progressives Grand Alliance challenged our victory at the Election Petition Tribunal sitting in Umuahia. The Tribunal was unequivocal in affirming our victory and dismissing his petition. Not satisfied, he went to the Court of Appeal in Owerri and obtained a strange judgment which declared him the winner of that election. Knowing that the judgment would not stand close scrutiny and confident that it was I, Okezie Victor Ikpeazu and not any other person that you elected to serve you as your Governor, I challenged the judgment of the Court of Appeal at the Supreme Court. To the glory of God, yesterday, the seven Justices of the Apex court unanimously upheld our victory at the polls and affirmed my mandate as the duly and rightfully elected Governor of Abia State. My dear brothers and sisters, I was never in doubt as to my mandate to serve you. This certainty is what informed the zeal and passion with which I have approached governance since I was sworn-in as Governor. The many projects we have been able to execute within the short period we have been in office bears testimony to our burning desire to uplift the living standards of Ndi Abia. Let me use this opportunity to once again express my heartfelt gratitude to you all good people of Abia State for the enormous confidence you reposed in me by electing me to be your Governor. As I have always promised and as I have no doubt shown since I assumed office, more than ever before and with renewed vigour, I will make all of you proud to have voted me as your Governor. To all those who supported my opponents, I will not begrudge you your right of choice. If your desire was to see a better Abia, then I invite you to extend that same support to me and together, we will bequeath to generations unborn an Abia State that they will be proud to call home. That being said, yesterday’s judgment marked the end of all electoral and legal disputes relating to my mandate as the Governor of Abia State. While we will welcome constructive criticisms and corrective opposition, we urge all not to engage in any act that will jeorpadise the peace and tranquility of the state in the name of opposition politics. Let me use this opportunity to express my deepest appreciation to all those who stood resolutely by us throughout this process from all strata of society. True brotherhood and friendship is confirmed in the face of adversity. You have proven to be reliable allies. I say a big thank you. The real work begins now. There is a lot to be done and together, we will attain our God-given potentials. May I also call on all our supporters to be magnanimous in victory. I urge you all not to engage in any acts that will victimize our political opponents for the choices that they made. I am Governor of all Abia State and I wholeheartedly embrace everyone irrespective of the candidate that they supported. If you truly support me, then you will not victimize anyone in my name. After all said and done, all we have to say is: To God alone be all the Glory. Ndi Abia, Ndi Nwem, Ekelelam unu. Oga adiri unu na mma na aha Jesus. Thank you very much and may God bless you all |
Sagay was my Dean at the University of Benin and as a student was beloved by all of us, but I have to say that his comments on litigation matters have always been a terrible disappointment. It was the same way he tarnished his reputation with his comments on the Abia Guber poll Election Petition Tribunal Judgment in 2007. Sagay's problem is however very clear to understand; he is a distinguished Law teacher no doubt but he is no Barrister. There is a world of difference between theory and practice. Sagay was a law Teacher for the majority of his Professional working life, rising to become a distinguished Professor of Law specializing in Contracts. At a very late stage in his professional life, he decided to try his hands in private Legal Practice but his record in Litigation has been filled with blunder after blunder: there is a reason that the proverb says that you don't learn new tricks in old age. SAGAY IS NO LITIGATOR simple and should stop embarrassing himself by giving myopic opinions on litigation matters. He was awarded a SAN ENTIRELY for his academic accomplishments & not for anything he has ever done in the Court room. Moreover, I do not know of a single Election Petition in which SAGAY has been Lead Counsel. Election Petitions is a highly technical practice Area and many lawyers, including SANs reject such Briefs or recommend others if approached. Most Politicians know those who are experts in this exclusive area of practice & Sagay is certainly not one of them. The first Rule in critique of Judgments is that you must have all the facts of a case so that you know exactly what the Court you are criticizing knows. Moreover in these cases, the Supreme Court has not even given its reasons for the Judgments so people of the standing of SAGAY should have been slow to make such disparaging comments on our APEX Court for now. It would be understandable if this was some green-wig lawyer or rabble-rousing "radical" lawyer making these comments. NOW TO THE ISSUE: I have some suspicions as to why almost all the Governorship cases will end up this way. First, the Supreme Court is consistently known and revered for its CONSISTENCY over the years. With the SC, you know exactly what the law is unlike the Courts of Appeal who keep on putting their foot in their mouth and somersaulting all the time. Most Petitioners in this election circle took the easy way out by relying & putting the fate of their Petitions on Card Readers. The traditional way of prosecuting & proving electoral malpractices is very difficult & so when the issue of Card Readers came up, they shouted "eureka" & focused all their energies on proving malpractices using Card Reader data. Even those who pleaded other forms of malpractices & non-compliance failed to call adequate evidence on them as proving malpractices through Card Reader data appeared simpler & straight forward. But they did not take cognizance of one thing: Card Reader as part of the accreditation process IS NOT YET part of our Electoral Laws. Card Reader is commendable; it will reduce rigging; it will improve transparency in the electoral process BUT IT IS NOT PART OF THE LAW YET: you cannot put something on nothing. The fault for this lacuna should not be put on the doorsteps of the SC but is entirely that of INEC. INEC failed to get accreditation by Card Reader legislated into law before the elections. The duty of any Court, including the SC is to interpret the law: in doing so, a Court should interpret the law AS IT IS and not AS IT OUGHT TO BE. This forum is not adequate to expantiate on this issue but let me finalize by saying this: the mode of accreditation recognized by the Electoral Act is as set out at Section 49 of the Act. Once the data & details of a prospective voter appears in the Voter's Register & match that in his PVC, he should be given a ballot paper and allowed to vote. There is no mention of Card Reader anywhere in the Electoral Act & so INEC Presiding Officers were giving ballot papers to voters to cast their votes, even if the Card Reader failed to authenticate their PVCs once their particulars are in the Register & match that on their PVC. So in essence, what many Courts of Appeal did was to annul the elections in places where the number of votes cast exceeded the number of accredited voters captured by Card Reader but the Supreme Court is saying no: the votes cast should include those accredited with Voter's Register only (popularly called "manual accreditation" . Once that happened, most Petitions fail at the Supreme Court because, as I explained earlier, most Petitioners put all their eggs in the single basket of Card Reader. INEC failed to get the National Assembly to further amend the Electoral Act to legislate Card Reader into law as a legal means of accreditation. They only issued a directive that Card Reader should be used; however this is what Section 138(2) of the Electoral Act provides: "An act or omission which may be contrary to an instruction or directive of the Commission or of an officer appointed for the purpose of the election but which is not contrary to the provisions of this Act shall not of itself be a ground for questioning the election". Clearly accreditation without using Card Readers is not contrary to the Electoral Act & is therefore not a ground for nullifying any election. This is all the Supreme Court is saying. I can vouchsafe that the CJN & other Noble Lords of the SC are not happy with the outcomes but what can they do when INEC failed to do the needful? What can they do when Petitioners failed to prove their case to the exacting degree & standards required by law? Remember the Court, including Supreme Court does not make law; they only interpret it. Lastly it is intriguing that no one heard the voice of SAGAY & his ilk when the Court of Appeal, Lagos Division gave THE VERY FIRST JUDGMENT EVER on the issue of Card Reader, holding that it was not part of our electoral laws. The Court of Appeal dismissed the appeal brought by the PDP & their candidate, Agbaje against the APC & Ambode which was premised on Card Reader. Sagay & others like him praised the sagacity of the CA but because the same interpretation by the CA on Card Reader which favored the APC then now favors the PDP at the Apex Court, our Noble Lords of the SC are being rubbished by ignorant comments. |
More budgetary allocation needs to be made to the Educational Sector. In doing so, attention should be seriously paid to Teacher training. For instance, having a First Class in mathematics does not mean that one can teach it well as the later requires a totally different skill-set. The ability to impart knowledge is a different skill on its own because one may know something but lack the skill to teach it. We seriously need to restructure our educational sector from bottom down |
All the Appeals by Ikpeazu, PDP & INEC have been allowed; decision of Court of Appeal set aside. Election of Victor Okezie Ikpeazu (Ph.D) allowed. UNANIMOUS decision. Full reasons to be given on the 26 February 2016 |
Okezie Victor Ikpeazu has won |

