₦airaland Forum

OP, If you were not ignorant, you would know that once a court rules on an existing ACT, it becomes the new ACT, until it's reviewed.

maupe:
You need to read the constitution. According to the constitution, such a scenario suggests that a rerun should have been ordered

What on earth are you even going on about? Go and read the judgement and stop arguing. There is no where in the constitution where it says, if a candidate or party doesn't meet the electoral laws requirement, a rerun is required. That is nonsense.

OP, this is a sensitive matter, and as such, I strongly suggest that you use the exact headline by the publisher. Your personal headline suggests that it's the Muslims fighting the Christians over the tribunal judgement. There is a good reason why the publisher used the headline it used.

to the topic, this is, indeed, sad. The tribunal made the right decision on this one. Those who are aggrieved should take the matter to the appellate court.

maupe:
He did. He didn't challenge the judgement of the court in regards to the nullification. He only raised objections to the fact that, according to the constitution, a fresh elections should have been ordered by the tribunal.

The PDP, according to the judgement, didn't have a candidate in that election. So why would the tribunal order a rerun? When, in fact, the only eligible candidate with the highest number of votes was Aisha Alhassan.

There won't be a rerun, plain and simple

chukwudi44:
Bros he said order a re-run!! Cant you understand simple english? Why are you guys suddenly scared of a re-run?

It's you who has refused to come to terms with the reality of the judgement. The PDP, according to the judgement, didn't have a candidate in that election. So why would the tribunal order a rerun? When, in fact, the only eligible candidate with the highest number of votes was Aisha Alhassan.

If Saraki thinks that by going after the CCT chairman, he'll get away with the charges against him, he'll be disappointed.

PRYCE:
People kept saying that clause in the electoral act was rejected by the court but the question is, was it expunged from the ACT?? The courts cannot dictate to the HOA what laws to make and not to make!

It doesn't need to be expunged until the electoral laws are reviewed. But once the court overrides an existing ACT, that becomes the new ACT.

Why didn't Mike address the issue of where PDP held the so-called primaries and the fact that PDP didn't meet the stipulated time by the electoral laws for primaries?

Mike Ozrkhome is a PDP lawyer, so no surprises here. He has always supported criminality. The courts will decide, not a criminal lawyer

Mike Ozrkhome is a PDP lawyer, so no surprises here. He has always supported criminality

That section of the electoral act was rejected at the Federal high court, so it's a nullity. Read here

http://www.vanguardngr.com/2011/07/court-rejects-sections-of-2010-electoral-act/

They shouldn't complain when they start shooting at them, because clearly, they are constituting nuisance and hampering the police from carrying out its duties. They are directly putting other people's lives at risk.

ocelot2006:
Its not about ignorance, but the stark reality of whats at play in Taraba. Until the judgement is reversed, expect terrible religious based.clashes in Taraba's 2 lllargest cities: Jalingo and Wukari.

Most of you have refused to come to reality with the judgement and the grounds on which it was made. No higher court will reverse this decision.

Meanwhile, I sympathise with those who lost their loved ones, and RIP to the dead. But the law doesn't give in to emotion.

JuanDeDios:
I share your concern about the tribunals but they have always been like that. And sacking Ishaku was in order - our parties should stop throwing out the rule book. I hope the Court of Appeal orders a rerun and make a similar ruling in Benue where the APC did their own primary magic.

I have noticed you are quite neutral, so I'll try to explain the situation to you.

The problem here is that PDP didn't comply with the electoral laws. One, they held primaries outside of the state capital, which is against electoral laws. Two, they even held the primaries outside of the timeline stipulated by the electoral laws. Now, based on these two grounds, it means that PDP was ineligible for the election, to even start with. In the eyes of the law, they didn't even contest at all, because they weren't eligible. These are valid points that are undisputable.

Therefore, the tribunal couldn't order a rerun because the only eligible candidate with the highest number of votes was Aisha Alhassan.

These guys that are arguing know these facts, but they have refused to keep their emotion aside and face reality.

Angel196:
Yet you claim to be a peaceful religion. Is that state not a Nigerian state or is it not a northern state? Do you even know the population of Muslims who are also indigen of the state? Rubbish!

Aseneshii:
When a Christian became a governor in Kaduna and Adamawa state, the hell was not let loose.

Nice comments from both of you. Don't mind those e-idiots saying rubbish. Kaduna is predominantly Muslim, yet it has been governed by a Christian before. So, why should Taraba be any different?

By the way, the grounds on which the tribunal nullified the election and declared her winner is very clear. The PDP didn't comply with the electoral laws, plain and simple.

coruso:
UU seem to understand the law very well , what will u say about the provision below as regards the judgement.

That section of the electoral act was rejected at the Federal high court, so it's a nullity. Read here

http://www.vanguardngr.com/2011/07/court-rejects-sections-of-2010-electoral-act/

PDP is a genuine loser as far as Taraba is concerned, and there is nothing the appellate or supreme court can do about it.

...

lalasticlala, front-page, please.

.....

Firefire:
It held that since Ishaku was not duly sponsored by the PDP, the party had no candidate in the governorship election in the eyes of the law. The tribunal therefore voided the votes of the PDP and Ishaku in the election saying`it is a waste’’ and declared the APC and its candidate, which came second, as the valid winner of the April 11 election."

It is wrong to relate or compare this case with the locus classicus case of Amaechi v. INEC (2008) 5 NWLR (Pt. 1080) p. 227. Whereas the issue in Amaechi's was on who was the lawful and rightful candidate of the Peoples Democratic Party (PDP) as between Mr. Celestine Omehia and Mr. Rotimi Amaechi. The question in the Taraba's case is whether the PDP participated at all in the election in the eyes of the law.

By the provisions of Section 140 of the Electoral Act 2010 (as amended), where an Election Tribunal or Court determines that a candidate who obtained the highest votes was not qualified to contest the election, it shall not declare the candidate with the second highest votes as elected, but it shall order for a fresh election. On the other hand, where the Tribunal or Court determines that the candidate who was returned as elected did not score majority of valid votes at the election, it shall declare the candidate with the highest valid votes as elected.


If the issue was solely on the qualification of the PDP candidate then the Tribunal's order declaring the APC candidate as duly elected was arrived at per incuriam (in error) as the proper order would have been an order for a fresh election.

The fact that the purported PDP primary election was held outside the stipulated time as stated by an INEC staff whose testimony was accepted by the Tribunal is conclusive of the fact that the PDP never validly nominated a candidate as required by law. In essence, the PDP did not participate in the election.

It has been argued by some that it amounts to "double standard" for the Tribunal which sat in Abuja because of the security situation in the State to invalidate the PDP primary election which was taken to the party secretariat in Abuja also because of "security concerns".

http://elombah.com/index.php/opinion/2293-lawyer-examines-judgment-of-taraba-guber-election-tribunal

Stop posting trash. That section of the electoral act was rejected at the Federal high court, so it's a nullity. Read here

http://www.vanguardngr.com/2011/07/court-rejects-sections-of-2010-electoral-act/

PDP is a genuine loser as far as Taraba is concerned, and there is nothing the appellate or supreme court can do about it.

ADAMUSALEH:
How about conducting a fresh election following due process and let's see who will win instead of heating up Taaraba state. Darius has the people's mandate + dat state is too volatile for the basis Upon which this judgement was made. There is all sorts of division and crisis in the state... Religious, ethnic, political, fulani vs farmers etc

I understand your concerns and sentiments, but the law doesn't recognise those concerns and sentiments. According to the judgement, Darius Ishiaku and PDP went against the electoral laws on two grounds. One, they held primaries outside the state capital. Two, they didn't even hold the primaries within the stipulated time prescribed by the electoral laws.

Now, what this means is, Ishiaku Darius and PDP weren't eligible for the election. Therefore, they were never part of the election, to begin with. So, given all of the above, the only eligible candidate with the highest number of votes in the election was Aisha Alhassan.
It's that plain and that simple.

hinwazaka:
Read your own submission

The judgement here is simple. Darius Ishiaku and PDP were never part of that election. They weren't even eligible for the election, to begin with. This, I have explained severally. so you are either playing dumb or you are just plain dumb. What this means is that the only eligible candidate with the highest votes in the election was Aisha Alhassan. Therefore, there was no need for the petitioner to seek for her mandate.

I'll not be replying you again on this matter. If you can't understand this and realise that PDP has no case here, then I'm sorry for you.

hinwazaka:
Was there a prayer to award the MANDATE to the APC. Can't you people read. Tomorrow a lawyer will raise this issue and make all of you look like fools.

Your argument makes no sense, given my submission. Maybe you should read it again

This is stale news. It made front-page a few days back.

This part got me laughing

The PDP Public Relations Officer in the state, Mr Napoleon Adamu, told newsmen that people in the state should accept the verdict and cooperate with the winner.

So, PDP PRO, knowing fully well that the judgement is just, has already accepted the reality.

The judgement is a no-brainer, and there is no court that will upturn it.

Cc: lalasticlala, do the needful and put this on front-page

dialfa:
Chai! See Zoo Army looking lost.

The soldiers be like: "WTF is this now?"

If you weren't blind, you would have seen that the protest has been tamed. No going further for your biafrans.

Okobaba1:
The way Nigeria is going I won't be surprised if we break up.

So, because the impunity of PDP isn't being tolerated any longer therefore, Nigeria should break up?

lalasticlala, Obinoscopy, Seun, you guys should do justice to this thread and put it on Front-page.

Lai Mohammed has finished PDP

Not only did the party breach Section 78 (b) (1) (2) of the Electoral Act concerning the organization of party primaries, it was
not even deemed to have participated in the April 11th 2015 governorship election in Taraba State in the eyes of the law.

”Apart from not complying with the Electoral Act, the election of the PDP candidate, Mr. Darius Ishaku, in the purported primaries in Abuja was done after the stipulated time for party primaries had elapsed, according to the Tribunal. It is thus clear that the election result in Taraba was not annulled for any other reason but the impunity and recklessness that permeated the life and times of the cadaverous PDP.

The APC also said that the PDP should blame itself for its gross impunity with regards to the conduct of primary elections for Taraba State. For instance, if all political parties, including the APC which was then in opposition, could hold their primaries in the state, why would the PDP that was in control of the State Government come down to Abuja for its primaries against the provisions of the Electoral Act and the PDP constitution?

”The impunity was not only in the case of Taraba State because the PDP also moved its Governorship primaries for Borno and Adamawa States to Abuja in breach of the Electoral Act.

The irony was that whereas the PDP claimed the primaries where shifted to Abuja because the capitals of Taraba, Borno and Adamawa States where not safe for primary elections, the PDP held Presidential campaigns in the same capitals of the affected states (Jalingo, Taraba State, Maiduguri, Borno State and Yola, Adamawa State).

These are salient points that are undisputable.

lalasticlala, Obinoscopy, Seun, you guys should do justice to this thread and put it on Front-page.

hinwazaka:
What was the prayer of the APC lawyers in the Taraba tribunal. Nullification or Nullification + mandate. If father Christmas is in this tribunal, why shouldn't he be in the Benue tribunal as well.

Read the following

dustmalik:
What the tribunal has established is that, one, PDP conducted its primaries outside of the state capital, which is contrary to the electoral laws. Two, the primaries were also conducted outside of the timeline stipulated by the electoral laws. Either way, PDP automatically didn't have a candidate in the last election. So, the issue of granting another PDP the mandate doesn't come up at all. They are completely out of the race.

What PDP should have done was to endorse a preferred candidate within stipulated time and follow all due process. That would have saved them from all this brouhaha.

What this judgement means is that PDP never had a candidate in the election, due to the emergence of its candidate. In fact, PDP was ineligible for that election. Therefore, it's only logical that the only eligible candidate with the highest votes was Aisha Alhassan.

By the way, even if a rerun was ordered, the PDP would still be ineligible to contest.

hinwazaka:
Did any PDP candidate in Taraba drag Ishiaku and the PDP to court. No, so why should this tribunal sack him. The judgement surprised you, because you know it is illegal and unjust.

The PDP doesn't need to drag Ishiaku to court. Any person or candidate who felt any process that led to the election is flawed, can do so.

PassingShot:
Different scenarios! It was Amaechi that challenged his party on the grounds that he was in fact the authentic candidate and not Omehia, not any other party. As such the court was right to declare him the bonafide candidate in that election having proved his case beyond reasonable doubt.
In Taraba, no other PDP candidate took Ishiyaku to court for the conduct of the primaries. If any had done that, the tribunal could have as well decided such person as the winner of that election.

You are wrong on the emboldened. What the tribunal has established is that, one, PDP conducted its primaries outside of the state capital, which is contrary to the electoral laws. Two, the primaries were also conducted outside of the timeline stipulated by the electoral laws. Either way, PDP automatically didn't have a candidate in the last election. So, the issue of granting another PDP the mandate doesn't come up at all. They are completely out of the race.

What PDP should have done was to endorse a preferred candidate within stipulated time and follow all due process. That would have saved them from all this brouhaha.

In the case of Benue, Otorm was unanimously endorsed within the stipulated time, so no issue there.