₦airaland Forum

garfield1:
My brother,you have finished it.I had this at the back of my mind but wanted to analyse it properly.now that you have taken it out of my mouth,I am happy...
The primary issue here is whether inec had the powers to disq any candidates or not.time and time again the courts have declared that inec has no right to exclude any candidate.only the courts can do that.it is similar to polling unit results when declared cannot be cancelled except by a court..
Therefore,the issue of whether that running mate was up to 34 years cannot arise...

. Yes ,good conclusion !

fergie001:
The majority judgement centred on the fact that INEC has no powers to exclude or disqualify a candidate. It is the Court's responsibility.
That was the majority judgement.

. It is clear now .The problem started with the re.ection of the candidate of ADP and refusal to accept substitution to contest. By implication INEC laid ambush for the party not to contest in the election The matter is not about days required by law to substitute a candidate but whose responsibility to disqualify a candidate from taking part in an election so as to provide a level ground for all contestants.It is the duty of the court not INEC.INEC can only raise alarm about somebody .qualification.

fergie001:
I sent you a link....I don't think you have read it.

The APP in Kogi and Bayelsa took INEC to the FHC in Abuja last year..that they were excluded from the elections of Nov 16, 2019.

February 21 2020.....Justice Ojukwu upheld INEC's decision because the APP did same out of INEC stipulated time.

The matter was further dismissed at the Appeal Court by Justice Dongban-Mensem.

Again....Are you saying that a political party can pick a criminal as deputy, to steal votes from the State and INEC will sit idly by and watch?

One of the petitioners agreed that he did not meet the 35 years set up by the Constitution....should we then throw our Constitution under the bus?

Can that party now be said to have fulfilled all the constitutional requirements to participate in that election?

You brought out my area of concern.Thank you so much.INEC rejected the ADP deputy governor .The party substituted him but INEC refused to accept the substitution because it was status barred. The majority judgement faulted it possibly because it was a technicality or an attempt to frustrate the party and disqualify it from the election...I would be glad to see the reason the majority judgement has for accepting the plea of the petitioner.

sapientia:
I enjoyed this thread.

Ejimatic

Fergie001

AAA593

ORIENTATION101

Engineerboat

Thank you guys for keeping it cool

. I respect justice Sirajo on electoral matter.I however want the appeal court to determine the flowing: Is the disqualification of the ADP premeditated constitutional and based on technicality? In my opinion INEC laid ambush for the ADP to exclude the party ...

PMBNG:
Why APC can’t take part in fresh poll if Bayelsa tribunal verdict is not upturned – Lawyer



Source: https://todaypoliticsng.com/why-apc-cant-take-part-in-fresh-poll-if-bayelsa-tribunal-verdict-is-not-upturned-lawyer/

I disagree .By today s judgement it means no election took place in Bayelsaa in 2019.. So a fresh election is different from rerun .APC is a stakeholder by implication.

fergie001:
Good......what was the Zamfara case?

. Marafa claimed there was no primary in APC preparatory to the election .He proved Zamafara APC was more or less an imposition of candidates. The SC accepted his plea. In my opinion APC dug its grave in Zamfara

Mistakemaker:
Is purely bc of that, yes there is insecurity in the north and I have being attacked before and my things worth up to 500k carted away but I enjoyed good working condition with people with good mind but here everyone is bitter.. I prefer to endure the insecurity, if I perish I perish than to be in a bitter working environment

At this point personal decision and peace of mind come in. I wish you Gods protection in your choice to return to the north

AAA593:
You're always against pdp

You may be surprised to now that I neither belong to APC nor PDP.My analysis is objective and unpremeditated

fergie001:
The case was a case of technicality.
The reason been premised on the fact that one of the Judges was absent in one of the tribunal's many sittings.

Where is the fair hearing and miscarriage issue coming from?
Nah

. On the day PDP was presenting his witnesses the judge that gave majority judgement was there .On the day APC was presenting its witnesses he was not there at all .Yet he went ahead to assess witnesses he did not see in his judgement. Is that a fair hearing? If you were in APC would you be happy? Section 258 of the constitution says the sitting on that day when all members were not there is a nullity.. In my opinion it is a case of miscarriage of justice not technicality.

Mistakemaker:
I'm still in a federal job.. Same job just another federal government hospital

. Why do you want yo go back since your pay will be close to each other?/I guess there is another reason you don't want to disclose

fergie001:
If there is any SC that have delved into technicalities the most, it is this SC.
How did the Osun case which had same minority v majority judgement go?

Is it technicality to subscribe to laid-down precedents or letters of the Constitution?

Your partisan affiliations has outweighed the ejimatic we know ooo

Haba nah

. In case of Osun there was no fair hearing and this is causes by the judge who gave the lead judgement...I did not look at it as a case of technicality but an attempt to have miscarriage of justice considering section 258 of the constitution. Finally I am neither APC nor PDP

fergie001:
If there is any SC that have delved into technicalities the most, it is this SC.
How did the Osun case which had same minority v majority judgement go?

Is it technicality to subscribe to laid-down precedents or letters of the Constitution?

Your partisan affiliations has outweighed the ejimatic we know ooo

Haba nah

. In case of Osun there was no fair hearing and this is causes by the judge who gave the lead judgement...I did not look at it as a case of technicality but an attempt to have miscarriage of justice . Considering section 258 of the constitution. Finally I am neither APC nor PDP

Mistakemaker:
Hello, I had to create this new account specifically for this and had to post in this section because I can't do so in job/vacancy section yet.

Straight to the point, I resigned my job in a government tertiary institution up north due to security challenges less than a month ago,. Now I have come down to a similar institution in a state in the southern part of Nigeria but finding it hard to cope here due to human relationship factors.. I wish to go back to the north and manage the security situations there than to be suffering human factors here.

The said institution is a federal government hospital

Now I learnt one can cancel resignation within 3 months of tendering it, my questions are now :
(1)is it true according to the civil service rule?
(2) what are the processes involved

I need candid answer to this.. You can add insults if you so wish.. I will be replying to further questions


Please front page, I need advise on this, thanks

. 1. Discuss with the registrar of the institution you resigned from for his assistance.2. Within a month you can withdraw your letter. 3. Dont ever resign from a federal job to take a state job .You can transfer your service from a federal job to another federal job eaocially if it is an insititution.

fergie001:
AAA593 ejimatic

The tribunal thoroughly erred.
A similar case had been taken to the Court by APP..that they were excluded. INEC argued that the time had elapsed for substitution of names and that was why they excluded the party.
Justice Ojukwu of the FHC, Abuja upheld INEC's position that the APP did not meet the stipulated conditions of INEC. (FEB 21, 2020)

APP appealed the judgement.and the Appeal Court dismissed the case in favour of INEC. Guess who led the panel?
Justice Monica Dongban-Mensem.
https://www.google.com/amp/s/punchng.com/appeal-court-dismisses-suits-seeking-to-nullify-bayelsa-kogi-gov-elections/%3famp=1

SC believes that technicality should not be used to disqualify candidates.I share the same opinion too. against the minority judgement

fergie001:
AAA593 ejimatic

The tribunal thoroughly erred.
A similar case had been taken to the Court by APP..that they were excluded. INEC argued that the time had elapsed for substitution of names and that was why they excluded the party.
Justice Ojukwu of the FHC, Abuja upheld INEC's position that the APP did not meet the stipulated conditions of INEC. (FEB 21, 2020)

APP appealed the judgement.and the Appeal Court dismissed the case in favour of INEC. Guess who led the panel?
Justice Monica Dongban-Mensem.
https://www.google.com/amp/s/punchng.com/appeal-court-dismisses-suits-seeking-to-nullify-bayelsa-kogi-gov-elections/%3famp=1

SC believes that technicality should not be used to disqualify candidates.I share the same opinion too. As for the case of APP and INEC 2020 it was a court of law that upheld the exclusion of APP not INEC..So INEC erred by usurping the duty of a court in the Bayelsa election. So ANDP disqualification. by INEC is iunconstitutional.

fergie001:
AAA593 ejimatic

The tribunal thoroughly erred.
A similar case had been taken to the Court by APP..that they were excluded. INEC argued that the time had elapsed for substitution of names and that was why they excluded the party.
Justice Ojukwu of the FHC, Abuja upheld INEC's position that the APP did not meet the stipulated conditions of INEC. (FEB 21, 2020)

APP appealed the judgement.and the Appeal Court dismissed the case in favour of INEC. Guess who led the panel?
Justice Monica Dongban-Mensem.
https://www.google.com/amp/s/punchng.com/appeal-court-dismisses-suits-seeking-to-nullify-bayelsa-kogi-gov-elections/%3famp=1

. SC believes that technicality should not be used to disqualify candidates.I share the same opinion too.against the minority judgement

AAA593:
Chairman of the Bayelsa State Governorship Election Petition Tribunal, Justice Ibrahim Sirajo, has distanced himself from majority judgement of the tribunal that nullified the election of Governor Duoye Diri.


Justice Sirajo, who delivered a dissenting judgement shortly after two other Justices on the three-member panel tribunal ordered the Independent National Electoral Commission, INEC, to within 90 days, conduct a fresh poll in Bayelsa State, affirmed governor Diri’s election.

Also read: Court declares Kogi PDP had no candidate in 2019 governorship election
The two other members of the panel, Justices Owei Woniwei and Yunusa Musa had in their decisions, voided the outcome of the election that held in the state on November 16, 2019, over the exclusion of one of the registered political parties, Advanced Nigeria Democratic Party, ANDP, in the contest.


ANDP had in a petition it lodged before the tribunal, contended that it was unlawfully excluded from participating in the election by the Independent National Electoral Commission, INEC, despite the fact that it fulfilled all the statutory requirements.

Justices Owei Woniwei and Yunusa Musa, in their majority judgement, agreed that INEC illegally excluded ANDP and its governorship candidate, King George, from the election.

However, disagreeing with the verdict, the tribunal Chairman, Justice Sirajo, said there was evidence that ANDP was disqualified from the election for fielding an ineligible candidate.


He noted that the party nominated an underaged deputy governorship candidate, who admitted that he was 34 years old, instead of the 35 years age bracket the Constitution stipulated.

Justice Sirajo said there was evidence that the party failed to substitute the candidate till the statutory window for such substitution elapsed.

He noted that Exhibit P8 before the tribunal was a letter that INEC wrote to the party on September 21, 2019, wherein it notified ANDP that the period for substitution of candidates had expired.


According to the Justice Sirajo, what the petitioners brought before the tribunal was a pre-election case since INEC’s decision that disqualified its candidates occurred before the actual election held on November 16, 2019.

He held that under section 285(9) of the 1999 Constitution, as amended, the party, ought to have within 14 days after it got the notification from INEC, gone to a Federal High Court to challenge it.

The tribunal chairman held that failure of the party to do so, made its petition against governor Diri’s election, statute-barred.


Besides, Justice Sirajo held that section 138(1) (d) of the Electoral Act provided grounds upon which an election could be challenged at tribunal, vis-a-vis section 285(14) of the Constitution which defined disqualification of the candidate by INEC as a pre-election matter.

He held that since the Constitution is superior to the Electoral Act, it takes preeminence.

He held that the disqualification of ANDP by INEC was not unconstitutional because it nominated an underaged candidate.


The Judge stressed that since the disqualified candidate did not meet the constitutional requirement, he was therefore not a valid candidate that could claim right of exclusion.

He held that a political party must have a valid nomination before the issue of exclusion could arise.

Consequently, Justice Sirajo dismissed the petition as lacking in merit, even as he upheld the election of governor Diri of the Peoples Democratic Party, PDP.


Vanguard News
Chairman of the Bayelsa State Governorship Election Petition Tribunal, Justice Ibrahim Sirajo, has distanced himself from majority judgement of the tribunal that nullified the election of Governor Duoye Diri.

Justice Sirajo, who delivered a dissenting judgement shortly after two other Justices on the three-member panel tribunal ordered the Independent National Electoral Commission, INEC, to within 90 days, conduct a fresh poll in Bayelsa State, affirmed governor Diri’s electi

. From this report it appears justice Sirajo minority judgement was bases on the disqualification of ANDP deputy governor on age matter.The substituted it but INEC claimed it was done out of the stipulated period. The party in my opinion did not go to a regular court to complain because of its ongoing replacement processes which INEC truncated.If this is the case the next place to lodge the complaint is EPT whose duty is to look into issues relating to an election before and during the process...It seems INEC laid ambush for the party on the ground of technicality which is being corrected by the EPT.

AAA593:
Fresh election for qualified political parties before the election only. Apc was not qualified before the election and i think its stands. Do you think there will be fresh guidelines from inec, fresh nominations and primaries?

. Guidelines of elections nominations and conduct were not followed by the INEC and parties.So if INEC is ordered to conduct a fresh election all parties mist take part in it with replacement of candidates if necessary.. Remember selection of candidates is a party affair.This can still take place within six months.A party registered today can take part in the election.

fergie001:
I am made aware that two cases of this manner were treated in regular Courts.

Throw more light......

By the time INEC releases the list of parties to contest in an election If your party is omitted you can file a petition at a regular court against INEC.At this time EPT must have not been consistituted. If INEC corrects the mistake the case can be withdrawn .In some cases the omission is politically motivated without any adjustment from INEC That is why parties still go to EPT to file such cases if the election is still conducted. The SC in some recent judgments prefer any matter relating to election process( before during and after voting) to be handled by EPT but such a case will never be struck out at the apex court even if it comes through a regular court.

fergie001:
I am made aware that two cases of this manner were treated in regular Courts.

Throw more light......

. By the time INEC releases the list of parties to contest in an election If your party is omitted you can file a petition at a regular court against INEC.At this time EPT must have not been consistituted. If INEC corrects the mistake the case can be withdrawn .In some cases the omission is politically motivated without any adjustment from INEC That is why parties still go to EPT to file such cases if the election is still conducted. The SC in some recent judgments prefer any matter relating to election process( before during and after voting) to be handled by EPT but such a case will never be struck out at the apex court even if it comes through a regular court.

ryloy:
https://www.premiumtimesng.com/news/headlines/409305-breaking-tribunal-nullifies-bayelsa-governorship-election.html

The arising question as a follow up to my analysis is : Will APC take part in the fresh Bayelsa election if the judgement is sustained at the SC? Yes is the answer.The election is FRESH for all parties including APC. The assumption is that NO ELECTION TOOK PLACE IN BAYELSA IN 2019 However if it is a RERUN election APC can never take part in it. Additionally if the judgement is sustained at the SC the Assembly speaker will be made Acting Governor for six months during which a FRESH election will take place with all parties including APC participating.

garfield1:
Please sir for the last time,don't bring up uche nwosu case again.. Aside that,you are analysing from a wrong angle or standpoint.your analysis has been overtaken by new events.we should be looking forward and asking if apc will participate in the new polls or not and if apc does not participate,will the participating parties be allowed to do fresh primaries and substitution in the event that the supreme court upholds this ruling?

But regarding your analysis,various supreme court rulings recently has made almost all pre election matters to be under the jurisdiction of election tribunals.mind you there are precedents..
Secondly,the declaration of pdp as winner front dated all petitions filed prior to that judgment.automatically,that petition will be calculates as being filed within 21 days after the certificate of return was issued.arguing otherwise will be saying that pdp petition that was filed when Lyon was declared winner is still alive

For issue no 1 I am not aware of the date of the petition but I know that it is a case between ANDP vrs INEC.ANDP has the right to challenge the process of the Bayelsa election. Additionally a lot of pettitions are handled by petition tribunals with various judges even in a state..This could be one of them in Bayelsa. Issue no 2: It is an Election petition Tribunals matter not necessary a case for the regular court .INEC screened ANDP in Bayelsa and did not put the party logo on the ballot paper.Election of this nature is a nullity if the appellant proves the illegality of his party 's exclusion from the voting process. So as loser files petition for losing in an election those excluded must file their petitions against INEC too.Finally the suit and the judgement are in order.

kahal29:
No

. For issue no 1 I am not aware of the date of the petition but I know that it is a case between ANDP vrs INEC.ANDP has the right to challenge the process of the Bayelsa election. Additionally a lot of pettitions are handled by petition tribunals with various judges even in a state..This could be one of them in Bayelsa. Issue no 2: It is an Election petition Tribunals matter not necessary a case for the regular court .INEC screened ANDP in Bayelsa and did not put the party logo on the ballot paper.Election of this nature is a nullity if the appellant proves the illegality of his party 's exclusion from the voting process. So as loser files petition for losing in an election those excluded must file their petitions against INEC too.Finally the suit and the judgement are in order.

EBMedia:
https://www.google.com/amp/s/www.vanguardngr.com/2020/08/video-man-35-held-in-captivity-for-15years-by-father-rescued-in-kano/amp/

. North ! Could all these be true in the modern world?

Eriokanmi:
why mentioning me here na? One, I'm not from bayelsa and secondly, I'm not a pdp man. My support for obaseki doesn't make me pdp even though edo is traditionally pdp. Had Oshomole not disqualified him, he would have remained in the apc and we would have voted him under same apc. I foresee court cases after obaseki's win but he would scale all hurdles because his matter isn't same as what's obtainable in bayelsa and I'd tell you why.

I've profiled obaseki before I supported him. People were just making needless noise on his certificate. UI admitted with an HSC result in their time. It was higher than WAEC. it's like the IJMB of that time. If you possess an IJMB result without waec, any university in Nigeria would admit you today. UI confirmed he schooled there and graduated. If he presented a result with 3 credit passes to inec during registration this time, that doesn't disqualify him in any way. They claimed he didn't have waec so he did the needful. Dapo Abiodin,the Ogun Governor first submitted his OAU Engineering Degree certificate when he first entered ogun politics to inec, but when he wanted to contest last year, he submitted only waec result. Did that disqualify him? NO. With Primary 6 result, you can contest for governorship in Nigeria. Waec isn't an equivalent of HSC Certificate, take note. The latter is higher and recognised by all universities in his time. Up till 2010, FUT Minna admitted with 4 credit passes. Requirements for admission in those days are different from what we have nowadays. Go and ask oshiomohle, he didn't have a secondary school cert. He only had primary six with a trade test certificate yet he qualified as governor. Also, the NYSC Certificate issue wasn't any issue. The issuing body had corrected the typo error and reissued it to him. Anyone who's not cool with that can sue both the nysc and obaseki in court and that's the beauty of democracy.

The reason we still throw our wits behind him has been that he's the candidate to beat, given his achievement in edo, ideas and personality. Even if obaseki had gone to Labour party instead of the pdp to contest we would have gone with him and that still doesn't make me a labour party man. We're talking of personality here and not party. When we say edo isn't lagos or any other state, we mean our words. We don't vote along party lines. Rather we vote personality. Even when it's glaring that edo was unrepentant PDP, we voted oshiomohle who didn't even have up to 5m naira in his account as at the time he was contesting. People donated overwhelmingly to print shirts, campaign posters etc for him without expecting anything in return. The pdp candidate then had all the money to throw away. We collected his money and cleaned mouth.

Most of us voted buhari not because of apc but because of his personality. Left to the party's formation and all the morons making up the structure, no single vote of mine and that of my family would ever have gone to the apc. Once buhari leaves, no single individual has his kind of pedigree in the party anymore, the party collapses. Those thinking tinubu would succeed buhari, I wish them luck. They had better begin to look inwards for a better candidate now. Yoruba is just a part of nigeria and only the region's vote can't elect their candidate. That's why they should drop tinubu if they must win. Hope you know my position now. If they like let them sack bayelsa governor, e no concern me. Good morning.

. The ban on the appellant party has been lifted by a federal high court this week. He has a good case before the tribunal.Let await what the judgement will be tomorrow. However the litigation will be finally settled at the SC where precedences will be upheld or set aside which I doubt

Dansuqi:
Ejimatic and fergie come let us brainstorm

. The NJC recommends those to be appointed supreme court judges from those that handle cases at the appeal court based on their seniority..The last sentence of the report indicates that this development will make a balance and representation of all zones in the Supreme Court...It seems all the regions have been represented now.I agree that those that handled the PET case have been compensated with promotion

[quote author=Emma042 post=92720522][/quote]. I am not from Edo and I wish Edo people good luck in their choice of governor. However I want to say as follows: 1. APC will not allow Bayelsa saga to repeat itself 2 Their is consistency in the name of the aspiring deputy governor though it contains abbreviation and variants.For abbreviation the SC in the case of PDP and Emrtienyo 2020 held that affidavits can be used to support abbreviation of names.For use of variant of name which is in Islam and Christianity the SC held on Buhari and Atiku 2019 that variants of a name can be used if they are recognised and acceptable widely..So Gani. and Ganiyu Audi and Abudu Livinus and Livy Mohammed and Mohamodu etc are legally recognised. 3 In the case of Degi of Bayelsa, he used different names in his papers and used affidavits to back them up.like Taiwo Akande John. Taiwo Akande Johny Taiwo Akande Johnson and he claimed he bore those names.The SC wondered why there were inconsistencies in the name though they were supported by the affidavits. The SC held that the affidavit was a deliberate attempt to cover the knavish practises of the defendant. The case was decided against Degi .This case does not apply to aspiring deputy governor of Edo under APC. Finally I believe APC is in order in Edo State.

robosky02:
Oliseh Greater Than Mikel As Defensive Midfielder –Aiyegbeni



https://www.completesports.com/oliseh-greater-than-mikel-as-defensive-midfielder-aiyegbeni/

Olishe was a natural midfielder in the Super Eagles.He collected ball and passed it to Yekini .Their combination was supeb.He never wasted time on ball.As for Mikel when he collected ball you would see him turning back making a round like the chair of a barber for the opponent defence to regroup .After Olishe I have not seen a natural midfielder in the Super Eagles

2mercy:
DSS Detains Tricycle Rider In Osun State On Orders Of Ooni Of Ife Over Text Message



https://saharareporters.com/2020/08/11/dss-detains-tricycle-rider-osun-state-orders-ooni-ife-over-text-message

. 1. The r the order of the arrest of the boy means it is not just a message .It may include knavish strategy. 2. With the knowledge of the detained man a different sim card may have been used to send the message so as to forestall arrest. 3 If the phone was missing t before the tracking system would show it 4 If he is innocent he will be released 5 There is no reason to have sentiment on presumed criminality. Many men today have nefarious character as evident in the crime rate in the country now. 6 Cyber crimes ,hackers and blackmailers are increasing daily.The DSS should complete its investigation and with permission of Kabiyesi release the boy if he is innocent.

called2Bsaint:
What about "Evans Ewerem" and "Evan Ewerem"?

. In the case of Evan Eweren he claimed he was a twin but investigation revealed he was lying .That made him lose his seat.as the senate president.The SC now accepts variants of name if they refer to the same person.Atiku vrs Buhari in 2019

moodyguy:
It does not hold water,all names in his documents shld tally if not it could be term to be forgery.

Variants can be used as long as they are recognised to refer to the same thing...Atku and Buhari 2019 Supreme court judgement

Friend22:
It applies to muslims too Sir.

. Thank u....appreciated