₦airaland Forum

Cherrybae:
Barely 12 years after the controversial judgement of the Supreme Court that ousted the then governor of Rivers State, Celestine Omehia and replaced same with Rotimi Chibuike Amaechi, the Supreme Court has admitted the law was wrong and cannot serve as a reference.

The controversial law according to the Supreme Court has been set aside by Section 141 of the electoral act which says that before anybody is declared elected in any election, such person must participate in all the stages of the election. See

The apex court came up with this while delivering judgement in the case between Abdulrauf Abdulkadir Modibbo Vs Mustapha and two others over matters arising from the rightful contestant, winner and actual representative of Yola-North-South/Girei Federal Constituency in the Federal House of Representatives.

Recall that due to certain theatricals that characterized the rightful Governorship Candidate of the Peoples Democratic Party (PDP) and Sir Dr. Peter Odili's successor in 2007, no thanks to K-Leg Saga, the Supreme Court naturally became the final arbiter to resolve the dilemma.

But in a shocking judgement by the highest court of the land which many described as unheard of, the world over and miscarriage of justice unprecedented in history, the Supreme Court sent the sitting governor, Celestine Omehia packing on grounds that he never existed in the eyes of the law.

In his place, the Supreme Court ordered that his cousin, Rotimi Chibuike Amaechi, who though won the Rivers State PDP Gov'ship Primary in Dec., 2006 but was disallowed, to take over as the Rivers State governor.

Chibuike Amaechi who was on self exile in Ghana did not contest the 2007 general election in Rivers State and thus, became the first man in the annals of Nigeria's political history to become a governor of a State in a democracy without contesting for the office.

But just recently, the Supreme Court while adjudicating in another matter which the Amaechi Vs Omehia case was cited, admitted that the law that brought the Ubima politician, and immediate Minister of Transportation, Rotimi Chibuike Amaechi into office in 2007 is no longer a good law.

See excerpts below:

This position was reached by the five-man panel of the Supreme in suit No. SC.90/2019 between ABDULRAUF ABDULKADIR MODIBBO Vs MUSTAPHA  AND 2 ORS on the 30thof July, 2019. It held that only a person who has participated in all the stages of an election can be declared a winner.

On 7th October, the Appellant and the 1strespondent contested at the primary election conducted by the All Progressives Congress (APC) seeking nomination as APC candidate to contest at the General Election as member representing Yola/North-South/Girei Federal Constituency of Adamawa State. The 1strespondent as Plaintiff at the trial court did not dispute that he lost the primary election. His grouse, however, was that the information on oath about the Appellant which APC submitted to INEC were forged.

The 1st Appellant took out the summons apparently pursuant to the provisions of section 31(5) & (6) of the Electoral Act, 2010, as amended, that provide:

“(5) Any person who has reasonable grounds to believe that any information given by a candidate in the affidavit or any document submitted by that candidate is false may file a suit at the High Court of a State or Federal High  Court against such person seeking a declaration that the information contained in the affidavit is false.

(6) If the Court determines that any of the information contained in the affidavit or any document submitted by that candidate is false, the Court shall issue an order disqualifying the candidate from contesting the election.”

Section 66(1)(i) of the constitution provides that:

“No person shall be qualified for election to the Senate or the House of Representatives if – he has presented a forged certificate to the Independence National Electoral Commission” (INEC).”

The 1st Respondent paragraph 3 of his Affidavit provided the particulars of the forgery to the effect that the Appellant is a graduate of public administration from Adamawa State University, Mubi and was undergoing compulsory national youth service in Gombe state. That primary elections were conducted on the 7th of October while the Appellant passed out of National Youth Service on the 18th of October, 2018. That date of birth he supplied to the National Youth Service Corps was September 29th, 1989. That he had deposed on oath at various times and places as to his age as 29th day of September, 1985 at Gomber, 29th day of September, 1986 at FCT Abuja, 29th day of September, 1989 at Gombe. Furthermore, the Appellant collected his Primary School Certificate in 2005 wherein his date of birth was 29th day of September 1985; he forged another primary school certificate whereon his date of birth is stated as 29th day of September, 1986 and gave further facts to show some contradictions in the certificate and that Girei 1 Primary did not possibly issue both certificates.

The parties filed and exchanged affidavits that were irreconcilably hostile and contentious factually and were therefore ordered to file and exchange pleadings. The trial court in its final judgment declared among others that the Appellant by dint of the National youth Service Corps Act (Bye Law 2011) No. S. 4 of 2011 was not qualified to have been nominated as the candidate of APC at the general elections since at the material time he was under obligation to serve compulsorily to serve for one year in the NYSC scheme and the 1st Respondent being the 2nd Runner Up during the primary election was ordered to replace the Appellant. Miffed by the decision, the Appellant appealed to the Court of Appeal. The Court of allowed the appeal in part. Both the Appellant and the 1st Respondent aggrieved by the decision appealed to the Supreme Court as Appellant and Cross Appellant respectively.

The three issues before the court were as follows:

“Whether in the entire circumstances of this suit, the court was right in upholding the findings of the trial court to the effect that the 1st Respondent's suit was not statute barred.“Whether the court below was right in upholding the findings of the trial judge to effect that the 1st Respondent had discharged the burden of proof of forgery against the appellant beyond reasonable doubt“Whether the court below was right in upholding the findings of the trial judge to effect that the Appellant be replaced with the 1st Respondent as the candidate of the 2ndRespondent at the house of representative election for North/Yola South/Girei Federal Constituency held on the 23rd February, 2019 when the said 1st Respondent did not participate in all the stages of the election.”

The sole issue in the cross-appeal reads thus:

“Whether regards being had to the provisions of the 1999 constitution, as amended, the court of appeal was right in holding that the 1st cross respondent cannot be disqualified from contesting the house of representative election for North/Yola South/Girei Federal Constituency of Adamawa state except as provided by the provisions of the constitution itself.”

The Appellant argued that the trial court was wrong in holding that the action of the 1stRespondent was not statute barred because the cause of action accrued on 18th October, 2018 when APC submitted the name of the Appellant and his particulars to INEC. The court disagreed with the appellant and referred to section 31(2)&(3) of the electoral act 2011, as amended and held that it is only upon the said publication that the cause of action ripens

“I agree with the 1st respondent and the concurrent judgements of the two court below that the said 25th October 2018, being the date of the statutory publication, was the date the cause of action for the suit under section 31(5) of the electoral act, accrued to the 1strespondent. From the said date to 5th Novermber 2018, when the suit was filed, being only 11 days from the date of the occurrence of the event, or action complained of, the suit file timeously cannot, therefore, be statute barred by virtue of section 285(9) of the constitution, as amended.”

On the second issue for determination, the court agreed with the Appellant that once at crime is in issue in civil proceedings, same shall be proved beyond reasonable doubt. However, the court reproduced the affidavit of the 1st Respondent and affirmed the concurrent findings of the two court below and held that forgery consists of making false document or writing knowing same to be false with the intent to deceive and that it may be used as a genuine document. The Appellant particulars submitted to INEC are corrupted or tainted by the forged primary school leaving certificate are all forged document for the purpose of section 66(1) of the constitution.

Before resolving the third issue, the Supreme Court first resolved the sole issue in the 1stRespondent's cross appeal, that is, the illegality of the Appellant participating in partisan politics during his compulsory youth service year, whether he was qualified to contest for election into the house of representatives in North/Yola South/Girei Federal Constituency? The court agreed with the trial court that the appellant contravened paragraph 9 of section 4 of the NYSC act Bye-Law. It disagreed with the Court of Appeal and held that continuous service for one year is compulsory and default is a crime by dint of section 13 of the NYSC act and such default goes beyond mere Indiscipline of engaging in partisan politics which under the 2011 revised Bye-Law makes the offending NYSC corps member liable to three months without pay. The court disagreed with the Appellant that a candidate cannot be disqualified from contesting a general election to an office under the constitution, under any other law except by the constitution, it therefore resolved the issue in favour of the cross appellant.

Lastly, the court considered the third issue which is basically on the legality or otherwise of declaring the 1st Respondent as the Appellant's replacement haven't participated in all the stages of the election. The appellant referred to the provisions of section 285(13) of the constitution which provides as follows:

“An election tribunal or court shall not declare any person a winner at an election in which such a person has not fully participate in all the stages of the election”

The Appellant argued vehemently that the 1st Respondent, at the time of the trial court order on 3rd May, 2019 did not participate in all the stages of the election. The court agreed with him and added that section 285(13) of the constitution is in pari materia section 141 of the electoral act. That AMECHI Vs INEC is no longer a good law as same has been set aside by the aforementioned section of the Electoral Act. The court held:

“My lords, when section 285(13) of the constitution is read together with section 31(1),(5),(6)&( of the Electoral Act, it becomes very obvious the order, that the Appellant, standing disqualified be replaced by the 1st the Respondent as the candidate of the 2ndrespondent of the already concluded election, was made per incuriam. The order was a nullity the courts below have made the order ultra vires”

Issues one and two of the issues for determination were resolved in favour of the Respondents but the third issue in favour of the Appellant. The cross appeal also succeeded.

“Haven found and held that the 2nd Respondent (APC) had no candidate, in law, at the general election conducted on 23rd February, 2019 to elect the member in the House of Representatives to represent Yola North/Yola South/Girei Federal Constituency of Adamawa State; the 3rd Respondent (INEC) is hereby ordered to declare and return as elected the candidate (other than the APC “candidate”) who polled the majority of lawful votes cast in the said election”

Appearances

Atung, Esq. with Dr. A.A. Adewole; A.S. Modibbo, Esq and E.H. Agbiti for Appellant/Cross Respondent

Olugbenga Adeyemi, Esq. with O.O. Alau, Esq. for 1st Respondent/Cross-Appellant

Shuaibu, Esq. for the 2nd Respondent

A.A. Umar, Esq with I.S. Mohammed, Esq. for the 3rd Respondent.


https://www.nationalnetworkonline.com/en/politics/3396-s-court-faults-self-in-amaechi-vs-omehia-case-12-years-after

Nonsense, I see them planning to do same with respect to Buhari when when he must have left office. They will now tell us that they should have disqualified Buhari but mistakenly allowed him.

Nairaobserver:
Meet Popular Nollywood star, Ramsey Noah and his family.

See more photos below
Source https://www.nairafame.com/2019/08/meet-nollywood-actor-ramsey-noah-and.html

Please, which of the two ladies is the wife or did he marry twins?

Nairaobserver:
Meet Popular Nollywood star, Ramsey Noah and his family.

See more photos below
Source https://www.nairafame.com/2019/08/meet-nollywood-actor-ramsey-noah-and.html

Please, which of the two ladies is the wife or did he marry twins

I have an account with GTBank and there is no issues. You may need visit any branch to verify.

Whose picture is in that account? Is it a ghost picture or did they get it from your social media account or what?

Proposal Drama everyday. Nonsense! During my time, I just called my wife in phone and proposed. She gave an answer within one week, I wedded her in less than 6 months and we're over 5yrs in marriage and happy as well.

bdchange:
She appears good but you have to know that being in relationship with someone is a different ball game to just being a friend or knowing the person from afar. I will advise that you start dating her for at least a year to know if she will change in her attitude because now you will not be her boss anymore but her partner at least that is what she will see you as. Then you can now decide if she is worth settling down with or not. Marriage is not a child's play oo nor should it be entangled by emotions.

This is how people miss opportunities and they come to nairaland to complain. What other kind of dating does he need when they've been together for this long while? The only thing we need from you again on this is your wedding invitation card. Period. Some men here may act faster than you if you delay further.

I know of a similar story with one of my colleagues. The woman kept insisting that she was pregnant. All scan results were negative but by the end of nine months they gave her a baby after spending over a million naira. When you hear of baby factories what do you think they are for. The so called doctor will tell you when you're going deliver according to the calendar of the sorrogate mom. In fact when this particular had a misunderstanding they had to go for DNA test because the woman kept insisting that she delivered the baby but the test proved that neither the man nor the woman was the parent of the child who was already 6 yrs. Let me not say more but sometimes, I doubt the things I hear but unfortunately many of these stories are true

Another, Nzeribe has just joined the Senate.

Adviseasister:
Good evening Nairalanders,

I had to create a new moniker for this, but I believe my guy will know this is for him.

Sometime last year I received a PM from a nlder. After going through his posts, I was pleased and we started talking. One thing led to another and we started a relationship. I must confess he is everything a woman wants in a man, he brought out this part of me I never knew existed and he did it so easily. We started seeing a future, I was happy.

Fast forward to February this year, I noticed a decline in communication. I complained and he blamed it on work. It continued and I had to ask what the problem is, he maintained it was work.

By March, things got worse and I have not been able to concentrate at work. I send him voice-notes and he responds hours later. I send messages and he responds with one word. I must also add he doesn't pick my calls at night anymore, but his NL profile would be seen online, though he won't comment.

I do not know what to do as I can't bring myself to love someone else as I love him. It is a long distance relationship and I do not know what to do. Is it possible he is facing challenges there and doesn't want to share?

Should I wait for him to come around or move on? Has anyone been in this situation before, how did you manage it? I feel so heartbroken.

My dear, those of us that are fans of nairaland and do log in with phones may be seen to be online 247 but that is not true. Why not chat or call him on WhatsApp.

Note also that some jobs men do are so tiring. Your understanding of jobs may be limited to going to office by 8 am and coming back by 4pm but know also that some leave for work by 5am and get back home by 9am on daily basis including weekends. Some go to work on 1st day of the month and come back on the 28th and yet maybe called out again in less than a week. Is your fiance living in cities like PH, Lagos or the environs? Is he into oil and gas work? Does his work require him to carry some work home on laptop?Is he working under a cruel boss?

I am talking from experience. Please always try not to judge him by what you are thinking. You need to encourage him and try to find out what burns him out or bores him down.

If you truly love him and you think he loves you, then you need to find out how to assist him instead of threatening to back out. Thanks..

This will minimize age falsification and encourage people to go to school at any age with the hope that they can still get employed.

Without such a bill I see no reason why someone should try going to school in his 30s or 40s knowing that most job adverts will give a condition of "not more than 27years of age."

Officialgarri:
This one na cultist na .

I fear the way bloggers present news now. The just narrate lies to feed the curiosity of myopic fools

That was how they reported false news from Ibadan with attractive story lines.
It all turned out to be lies over and over again

I am just reading the news now with his very best friend. Just be careful what you say about others as you do not have feelings before you meet similar fate.

Naijaguy123:
This can never be Nigeria, if that truck enter big pothole the disable dude is dead .

I have seen it in PH in a traffic situation.

I fly Carverton almost every month without issues. I think someone needs to listen to the voice of the spirit through the incident. Thank God for the survival of the crew.

My fellow Buhari supporters, let us agree that Atiku/Obi Team is better than PMB/Osibanjo team. These PDP guys look more intelligent than Baba. Let's give them a chance and allow Baba to go for his medical checkup. Let's vote logically for the first time in this country. I rest my case. Atiku just got one extra vote now.

There's something I don't understand. Buhari overthrew Shagari/Ekwueme govt in 1983 and 35yrs later both Shagari and Ekwueme decided to leave the stage together while Buhari was set to double the age he was when he overthrew them. I guess the fight they couldn't fight on this side of the divide, they have decided to crossover and fight back.

My question now is whether Buhari is going to join them over there so that they will not win him over there or stay back here and allow them mess him up.

What a way to commend PDP govt by the APC leadership. I love this show of defeat by APC.

Nwaforj44:
President Muhammadu Buhari on Thursday commissioned the ultra modern Fertilizer blending plant, the first and only in the entire South East and South South zones and lauded the developmental strides of Governor David Umahi.

The President who was represented by the Minister for Agriculture and Rural Development, Chief Audu Ogbe while commissioning the modern fertilizer plant at Onuebonyi said Governor Umahi has the capacity to make Nigeria a great nation and urged Ebonyians to continue to support him.

“It is always a thing of delight to come to Ebonyi. We have been driving through Ebonyi State and not one pothole on the roads. You know Your Excellency, I want to say it before your people that we are very proud of you. The primary responsibility of a governor is to develop the economy of the State. Politics is nothing. Politics will come and go but when you have a good leader, lifting the economy of the State, creating jobs, saving people from hunger and disease, hold on to him and pray for him”

“Yesterday, you won a prize in Abuja, awarded by the President himself for your contributions in Agriculture. The Plaque will be delivered to you shortly. We are here to commission this plant which is the only fertilizer plant in the entire southeastern zone and South-South. It is going to add to the production of food in this entire regions”

Speaking further, Chief Ogbe said: “We are very proud of you for your commitment. We are thoroughly amazed with what we see here today Please remember that anywhere, anytime we mention our successes in Agriculture, your name comes up”

“Your rice, is in every Supermarket in Abuja and in Lagos and you are one of the five Governors who have succeeded in making Nigeria almost self sufficient in rice production. You have reduced rice import by 90 percent and we have saved some seed import in the last 34 months to the tune of $21b as a country”

“We thank you, we commend you and we are here today because we have high regard for you, the Governor, and we wish you well. Continue to work. Ebonyi has become a major player in Nigeria’s economy. We have just come away from the place where you are going to build a plant for Lead processing and many other minerals. We saw the road that led to the site”

A statement by the Chief Press Secretary to Governor Umahi, Emmanuel Uzor further quoted President Buhari as describing the governor as one of the people that has the capacity an ability to make Nigeria grow.

He said:”It is men like you that will make Nigeria grow. Let us say this, that in no distant future, the South-East should give us a president and you have worked for it. I want to thank you very much the people of Ebonyi. Continue to give him support, continue to work hard and this man will lead you well and free all of us from poverty and want. Poverty is not an asset. It is an embarrassment”

Earlier, Governor Umahi who spoke during the groundbreaking ceremony of Ebonyi Tongyi Lead/Zinc/Copper Processing plant in Uburu said his administration has put every measures to improve the economy of the state through harnessing the large deposit of solid minerals in the state.

He said with the limited land in the state, agriculture and solid minerals have been prioriotized to serve as mainstay in the economy of the state in the face of the dwindling fortunes from oil.

The Minister of State for Mines and Steal Development, Hon. Abubarkar Nawa Bwari while laying the foundation stone for the processing plant commended the governor for his developmental strides and expressed satisfaction that with the state government’s commitment towards harnessing solid mineral deposit, Ebonyi State will become first in the country.

https://www.akelicious.net/2018/12/buhari-commissions-ebonyi-fertilizer.html

The picture of the new creation or I won't believe it.

Install the virus in the name of app at your peril

EVILFOREST:
CHURCH BUSINESS is a very good and lucrative business

Go and open your own and let's see what you will make out of it.

EFCC no get work, only trying prove to oga at the top that they are dealing bwith his enemies. Three out of the five pictures are just one but snapped from different perspectives. The other picture is an abandoned building project while the other is a building foundations. This nolly wood at play

I am not a Catholic but let the truth be told. Catholic Church has best manpower training for handling such a facility like the aged homes

iGISTMORE:
From the look of things tell me the number of years you expect this mariage to last. Groom and his bride seems not to be happy on their wedding day.

News via Gistmore :: http://gistmore.com/see-look-groom-bride-wedding-day-photos

OP, Please tell us where the wedding took place. Is it in Kenya or Zimbabwe?

AutoReportNG:
All is now set for the official commission or can we say relaunch or the remodeled Port International Airport.

The Port Harcourt airport has been rated as one of the worst airports in Nigeria despite being one of the busiest in the country with chunks of revenue to the Federal Government.

According to Wikipedia, Port Harcourt International Airport is an international airport located in Omagwa, a suburb of Port Harcourt, the capital city of the Rivers State in Nigeria. The airport has a single terminal with separate facilities for international and domestic flights. In 2009, the airport served 1,081,587 passengers, making it the third-busiest airport in Nigeria.

On 18 August 2006, the airport was closed for repairs. The Nigerian Civil Aviation Authority stated that the emergency shutdown was in order to overhaul the runway and build a fence around the facility. Such maintenance had been in planning stages for several months, but an electrical fire on 17 August 2006 made repairs immediately necessary. All domestic flights were diverted to Sam Mbakwe Airport (Owerri), Akanu Ibiam International Airport (Enugu) and Margaret Ekpo International Airport (Calabar), while international flights were diverted to Nnamdi Azikiwe International Airport (Abuja) or Murtala Mohammed International Airport (Lagos).

Repair work started in January 2007, while re-opening was originally expected to be in August 2007. In June 2007, work was suspended due to safety concerns of the engineers.

In December 2007, the airport was reopened to a limited capacity. Operations were restricted to daytime until the first quarter of 2008, by which time the new CAT III lighting system became fully operational.

The FAAN has released some pictures which show the finished hub and ready for business.

Source:
https://www.autoreportng.com/2018/10/see-remodeled-port-harcourt-intl.html

[img]https://3.bp..com/-lonMNOQBvzs/W8O5V1Y3gbI/AAAAAAAAVCA/NJDB9G93xEUkRNcznY_pqAz1V6C7A1hGwCLcBGAs/s1600/ph9.jpg[/img]

Lalasticlala
Seun
Mynd44
Marpol
Dominique

Sorry, where did you get these pictures from because I used the same airport yesterday. The only difference was that we were not allowed to trekk as the their usual custom has been when landed.

Hotzone:
Sorry if I don't mention the name of my organization but I am seriously worried and deeply in love with my female senior colleague who wants me to pop the question as soon as possible. While feeling reluctant to respond to her feelings, I am much distracted and feels intimidated with respect to her position of power and money.

It is not out of place if you are truly convinced about her. However, if you are convinced about her, then, you will need to change job to another firm. It not ethical for two of you to continue in the same office after your wedding.

ogahug:
Information from a community Facebook page, shows how a young girl with baby was dehumanised by a certain honourable (political tug) in Oshiri community in Onicha LGA of Ebonyi State. No reactions from the politicians or the police has been got as the said perpetrator one Kelechi Alo is said to be untouchable. I hereby wish to call on the press, social media, human rights and women advocacy organisations to do the investigation and accord the helpless girl who barely survived the due justice. Check the following facebook page for more details: https://www./493610277441635/

This is too bad and is condemable. What is Ebonyi state govt saying about it? The Press should please investigate the matter. Admin front page please.