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Politics › Re: Presidential Tribunal: A Brief Analysis Of Atiku Final Written Addresses by ejimatic: 2:36pm On Aug 22, 2019
engineerboat:
Was his certificate with the army
. Affjdavit is a legal document that covers every situation.. It is a representation of what is true....The copy of what he presented support the breakdown in the affidavit or its content
Politics › Re: Presidential Tribunal: A Brief Analysis Of Atiku Final Written Addresses by ejimatic: 2:17pm On Aug 22, 2019
engineerboat:
Which of the Result.

Which one did he tender.

Lets start from there
. Go online you will see the copy if his A level cerficate presented in court....even if he went to NDA and used its certificate he qualified to contest..... Buhari academic qualification will be the first to be struck out by the tribunal
Politics › Re: Presidential Tribunal: A Brief Analysis Of Atiku Final Written Addresses by ejimatic: 2:13pm On Aug 22, 2019
Djrufus:
pls read the petition again, " the 2nd respondent was at the time of the election not qualify to contest" no body said buhari is not qualify to contest because olanipekun just proved he's qualify to contest at the court with the documents tendered....but buhari as at the time of the election (60 days as prescribe by d constitution ) could not prove he was qualify to contest , because he didnt tender anytin...he used an affidavit dat is "stale" to tell inec his "certificate " is with the military meaning he has certificate and is not missing.....
. Your opinion is respected.However Buhari used affidavidavit in the first term which is binding in the law.He used same for the second term on the ground that his result is missing. During the hearing he brought a copy of his result.... it is in order in law. So Buhari satisfied the requirement to contest before and after the election.
Politics › Re: Presidential Tribunal: A Brief Analysis Of Atiku Final Written Addresses by ejimatic: 11:05am On Aug 22, 2019
engineerboat:
Is lying under an oath an offence

Can you present 3 certificates for the same exam with different names and result computation.
Buhari did not present three certificates bearing different names.Let leave sentiments. He is educationally qualified to contest in view of the constitutional requirement to contest as the president.....Section 140 of the constitution says ....educated to the secondary school level or it's equivalent....The result he used which was also tendered in court qualifies him to contest....
Politics › Re: Presidential Tribunal: A Brief Analysis Of Atiku Final Written Addresses by ejimatic: 6:25am On Aug 22, 2019
garfield1:
You are becoming desperate.why not rest? You didsame during adeleke case and failed woefully.adeleke even had a stronger case but failed.how many threads do you want to open on this case? Is it insomnia that is driving you? Please go and sleep and stop disturbing people.
Cc afamed,yarimo,doyin2,ejimatic
. The PDP prayed that Atiku be declared winner or a rerun on 10 states. No election tribunal can declare or winner .deduct votes .It can only order a rerun. The writer of the above thread gave examples of states elections where results were cancelled before the use of revised electoral laws. Is there any precedent in presidential election?Obasanjo vrs Buhari Awolowo vrs Shagari Fakae vrs Obj Buhari vrs Jonathan all went in favour of respondents.This is not a surprise because non compliance must be proved beyond any reasonable doubt.In the case of Atiku there were contradictions in the testimony of all the witnesses.Even the inec server was not logically proved. All was doctored testimony.The tribunal must accept all evidences but it does not mean they are tenable. In my opinion all of them hold no water.By implication of supreme court judgement on Tuesday if there is no inec server what else again? INEC is not mandated by law to present witnesses .it is an umpire. No witness for INEC in Osun tribunal. This was emphasised and accepted at the appeal court later. A good part 1 law student should know that Atiku case has evidential and technical failures.It is the simplest case so far to be determined in the history of presidential election in Nigeria. It will forever be a mirage for the opposition to win at the presidential election tribunal in Nigeria.
Politics › Re: Rauf Aregbesola Is The New Interior Minister by ejimatic: 6:24pm On Aug 21, 2019
hadjipapiey:
Ogbeni Rauf Aregbesola emerges the new Interior Minister
. it is time for the south west to have more sons and daughters in the prison service. immigration customs. civil defence armed forces police force etc.Will the south west use it now?In future they will be shouting when the north through progression presents all the service chiefs.
Politics › Re: 2023: Why Zoning May Not Work In APC – Ganduje by ejimatic: 10:55am On Aug 21, 2019
Jimasun:
It is negotiable.
Though it would come to South, but not because it is a must.
. The unity of Nigeria now lies in rotational presidency. Negotiation meeting on it is just a formality.
Politics › Re: 2023: Why Zoning May Not Work In APC – Ganduje by ejimatic: 10:24am On Aug 21, 2019
Nkemakonam62:
https://www.google.com/amp/s/www.sunnewsonline.com/2023-why-zoning-may-not-work-in-apc-ganduje/amp/
. Nigeria is divided into North and South with each subdivided into three making six geographical zones. South ruled for 8 years now North will compete 8 years in 2023.By 2023 power must shift to South. It is not negotiable.As for the region that will produce president in the south it is LIKELY the South West.
Politics › Re: How We Were Attacked At Ambode's House – EFCC by ejimatic: 7:55am On Aug 21, 2019
Abdulazeez99:
The Economic and Financial Crimes Commission has finally admitted raiding former Lagos State Governor, Akinwunmi Ambode's home after denying the report earlier.

Though eyewitnesses said the anti-graft agency's operatives were stopped by residents of Epe (Ambode's hometown), the EFCC claimed they were attacked by Ambode's hoodlums in a statement released by its head of media and publicity Wilson Uwajuren. He further disclosed that three officers were injured in the attack, while the EFCC official vehicle was damaged, Igbere TV reports.

Wilson said “the EFCC had obtained valid warrant to conduct search on Ambode’s residences in Park View, Ikoyi and country home in Epe, as part of ongoing investigation of alleged malfeasance”.

“The attack was totally unprovoked as the Commission’s operatives were civic and did not molest anybody. The Commission therefore frowns at the attempt to manipulate the video of the search to create the wrong impression that officers of the agency molested residents at the Epe home of the governor.

It is also not true that the search was an attempt to plant foreign currencies in the home of the former governor,” he added.

http://igberetvnews.com/917091/efcc-finally-admits-raid-but-says-they-were-attacked-by-ambodes-hoodlums/
. It is against the law to prevent security officers from carrying out their legal duties.Anybody arrested in the process will be prosecuted. If Ambode is innocent he can defend himself in the court if law.Why will the masses put their lives at stake for politicians who know how they are making millions daily only to spend #200 for you? If it turns violent and many die will Ambode cater for your needs? Masses are the sacrifices of the rich to enlogate their wealth and popularity.
Politics › Re: Supreme Court To Rule On PDP, Atiku’s Request To Access INEC Server Published by ejimatic: 3:09pm On Aug 20, 2019
ejimatic:
. This is also a status barred case which will be decided on favour of the respondents.
. I have been just justified....The appeal struck out by the apex court.
Politics › Re: Supreme Court Dismisses Atiku's Request To Inspect INEC Server by ejimatic: 2:59pm On Aug 20, 2019
Aonkuuse:
The Supreme Court on Tuesday dismissed the appeal by the presidential candidate of the Peoples Democratic Party (PDP) in the February 23 election, Atiku Abubakar, seeking to Inspect the central server of the Independent National Electoral Commission (INEC) for lacking in merit.

The apex court held that the request lacked merit because it was brought by Atiku after the parties had joined issues on the existence or otherwise of the server.

According to the unanimous judgment delivered by Justice Chima Nweze, the Presidential Election Petition Tribunal was in order in refusing to grant Atiku’s request at the time it was made so as not to prejudice other parties in the matter.


In addition, the apex court held that the appeal lacked merit because the appellants failed to prove how the decision of the tribunal was unfair to them.

Justice Nweze said a party can only complain of the lack of fair hearing when discretion of court was wrongly or arbitrarily used by the court, adding that in this instant case the tribunal used its discretion judicially and judiciously.

“I see no reason to depart from the decision of the lower court, the appeal is lacking in merit and is hereby dismissed,” the judge held.

Source:
https://www.thisdaylive.com/index.php/2019/08/20/supreme-court-dismisses-atikus-request-to-inspect-inec-server/
. I have been justified .....
Politics › Re: Supreme Court To Rule On PDP, Atiku’s Request To Access INEC Server Published by ejimatic: 12:32pm On Aug 20, 2019
engineerboat:
The Supreme Court on Tuesday heard arguments on an appeal by the Peoples Democratic Party and its presidential candidate, Alhaji Atiku Abubakar, seeking access to the Independent National Electoral Commission’s sever.

The Dattijo Muhammad-led five-man panel is to return later on Tuesday to deliver its ruling on it.

They are by their petition before the Justice Mohammed Garba-led five-man Presidential Election Petition Tribunal challenging the victory of President Muhammadu Buhari at the February 23, 2019 election.


They alleged in their petition that the “authentic” results of the February 23, 2019 election which gave them victory were stored in the said INEC server.

But the tribunal had on June 24, 2019, during the pre-hearing session on the petition, dismissed their application for permission to be allowed access to the server, which INEC had denied its existence.

The tribunal, in dismissing the petitioners’ application, held that granting the request would amount to pre-judging the main‎ issue that was meant t be trashed at the substantive hearing in the case.


Leading the petitioners’ argument in their appeal challenging the June 24, 2019 ruling of the tribunal, on Tuesday, Mr. Eyitayo Jegede (SAN), told the apex court that his clients were still within time to access the server and make use of the evidence to be extracted from it.

He said the 180 days meant for the tribunal to hear and determine the case had not lapsed.

But the respondents, INEC, President Muhammadu Buhari and the All Progressives Congress, opposed the appeal through their respective lawyers and urged the apex court to dismiss it.


While INEC was represented by Yunus Usman (SAN), Buhari was represented by Wole Olanipekun (SAN), and APC by Chief Charles Edosomwan (SAN)‎.

They maintained that granting the prayer sought by the appellants would be of no utility value as the presentation of evidence at the tribunal had closed.

The tribunal had fixed Wednesday for final arguments in the case.

https://punchng.com/supreme-court-to-rule-on-pdp-atikus-request-to-access-inec-server
. This is also a status barred case which will be decided on favour of the respondents.
Politics › Re: Supreme Court Strikes Out Atiku, PDP’s Appeal by ejimatic: 10:27am On Aug 20, 2019
cheerfulpraise:
https://thenationonlineng.net/breaking-supreme-court-strikes-out-atiku-pdps-appeal/
. Any decision taken at the. tribunal should not be appealed until after the final judgement. Any dissatisfied party can now appeal any arising issues of the judgement. This ensures completion of the case withing the stipulated period in constitution.It is one of the positive effects of the revised constitution and electoral laws.Atiku s case has been completed with only oral submission tomorrow. The supreme court is right in its decision to strike the case out.That is the meaning of status barred.
Politics › Re: Seun Fakorede: Governor Makinde Nominates 27-Year-Old As Commissioner (Photo) by ejimatic: 8:58am On Aug 20, 2019
safarigirl:
the article says he is being considered as a commissioner
Commissioner heads ministry in state but Minister heads it in the federal
Politics › Re: Seun Fakorede: Governor Makinde Nominates 27-Year-Old As Commissioner (Photo) by ejimatic: 8:18am On Aug 20, 2019
safarigirl:
why do you people keep using ministry?

He's not managing a ministry, he's managing a commission. Ministries are Federal level, a Commission is nowhere near as large undecided
my brother ministries apply to states too.There are state and federal ministries.Both state and federal have commission too.
Politics › Re: Seun Fakorede: Governor Makinde Nominates 27-Year-Old As Commissioner (Photo) by ejimatic: 6:25am On Aug 20, 2019
GistUpdates:
Oyo State Governor, Seyi Makinde, has nominated a 27-year-old alumnus of the Obafemi Awolowo University, Ile-Ife, Seun Fakorede, as a commissioner in the State.

The 2016 Civil Engineering graduate is joining Alhaja Faosat Joke Sunni and Professor Rapheal Afonja who were last week nominated to join the 14 others who were inaugurated last week.

See more here; http://gistmore.com/gov-makinde-nominates-27-yr-old-oau-graduate-as-commissioner
. I am yet to understand how this boy can head a ministry.His hairstyle does not even show the maturity needed in administration.Those who cannnkt even manage families success fully have been asked to manage a ministry..This will be self defeating and is an attempt to make a mess of the public administration.
Politics › Re: Supreme Court Faults Self In Amaechi Vs Omehia Case 12 Years After by ejimatic:
Sunmolar:
If it's pdp that is in power do you think they will allow such lacuna to stand?
or if it's the pdp candidate that died in the process,do you think APC led FG will accept the lacuna?


Pls take a cursory look at this: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.
. I appreciate your feelings.it is my opinion that the PDP government masterminded the review of our electoral laws and acts to check the rate at which APC was using court cases to come in to power.The review has both positive and negative effects on our elections.On the contrary .Yaya Bello took part in the election that produced him as the winner.By the time Audu died a by-election was ordered and that made the previous election inconclusive.So from the position of the law Bello took part in the election that produced him as the governor of Kogi State.
Politics › Re: Presidential Tribunal: Real Reasons Atiku Wasn’t Declared Winner Of Election by ejimatic: 4:47pm On Aug 19, 2019
doris00:
The Independent National Electoral Commission, INEC, has disclosed why Atiku Abubakar, the 2019 presidential candidate of the Peoples Democratic Party, PDP, was not declared winner of the February 23 election.

INEC told the Presidential Election Petition Tribunal sitting in Abuja that it was satisfied that Atiku did not secure majority of lawful votes cast during the election.

The country’s electoral umpire stated this in a final written address it filed before the Justice Mohammed Garba-led five-member panel tribunal, INEC, through its lawyers led by Mr. Yunus Usman SAN, seeking the dismissal of Atiku’s petition on the outcome of the 2019 presidential election.

Denying the allegation that votes were illegally awarded to the All Progressives Congress, APC, to ensure that President Muhammadu Buhari was re-elected for a second term, INEC insisted that the petitioners failed to justify why a fresh election should be conducted.

It said: “We refer to the relevant paragraphs of the petition where the petitioners made the sundry allegations of deliberate wrong entry/falsification of election results by the 1st Respondent.

“Clearly, it can be gleaned that nothing concrete or specific has been offered by the Petitioners in this regard.

“For example, the petitioners pleaded wrong and deliberate entry of wrong results by the 1st Respondent in 11 states of the country, namely: Borno, Yobe, Bahchi, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger and Zamfara States.

“Thereafter, the petitioners proceeded to break down this allegation State by State.

“However, a cursory appraisal of paragraph 155(4) of the petition dealing with this allegation of ‘posting wrong results’ to the non-existent 1st Respondent’s server and not the wrongful entry of the results in the physical /manual Form EC8 series.

“The most astonishing part is that the petitioners failed to call witnesses who were at the various Units to observe these various alleged anomalies.

“We submit that allegations bordering on alleged wrong entry/falsification of election result are criminal in nature and must be proved beyond reasonable doubt.

“Furthermore, by virtue of section 150(1) of the Evidence Act, the results declared by the 1st Respondent enjoy a presumption of regularity. Accordingly, the petitioners herein are duty bound to rebut this presumption with credible evidence”.

The electoral commission said Atiku failed to show how the number of votes cancelled affected the votes he got.

It added: “We submit that it is trite law that not only is the petitioner duty-bound to prove each and every allegation on non-compliance; he is also expected to prove that such non-compliance substantially affected the result of the election. See BUHARI V OBASANJO (supra), NYESOM WIKE V DAKUKU &ORS (supra).

“We humbly submit from the foregoing that the petitioners have failed to prove the allegation of non-compliance with the Electoral Act, and indeed every other allegation contained in the petition. The petition, therefore, lacks merit and should be thrown out on this point and this honourable court is urged so to do.

“In the instant petition, the petitioners called 62 witnesses in proof of their petition. Only 5 were polling agents, while 5 were Assistant Presiding Officers, who incidentally had no problem with the conduct of the election but only came to assert that they transmitted the election result to a fictitious and non-existent server.

“The rest of the witnesses called are Ward, Local Government, State or National Collation Agents. And the aim of the petitioner is to use them to prove allegations of non-compliance with the Electoral Act during the Presidential Elections in 36 States of the Federation and the Federal Capital Territory Abuja. What a mission impossible!

“The eyes of the parties and candidates in an election at the Polling Unit are their respective agents and voters who were present to cast their votes. Consequently, in calling witnesses in proof of these allegations, these class of individuals are indispensable.

“Taking a rational, reasonable and critical examination and assessment of the evidence placed before this honorable court, one cannot but submit most humbly that the elements of the allegations of corrupt practices against the 1st, 2nd and 3rd Respondents have not been proved at all talk less of proof beyond reasonable doubt”.



https://dailypost.ng/2019/08/19/presidential-tribunal-real-reasons-atiku-wasnt-declared-winner-election-inec/amp/
Atiku's case from the inception has evidential and technical failures.
Politics › Re: Will Akpabio Lose Out At The Tribunal? by ejimatic: 4:26pm On Aug 19, 2019
garfield1:
Akpabio has substantially and sufficiently proven that he won the polls and was brazenly rigged out in a grand conspiracy.he adduced more than enough evidence to show that he scored 61,000 votes in essien udim lga.the inec returning officer william olosunde confessed that the order to reduce or deflate akpabio's votes was given by the state rec mike igini which is contrary to the electoral act.

The act state that only presiding officers and collation officers can cancel a result of an election based on either overvoting,violence,disenfranchisement.the constitutiob defined over voting as a situation when votes cast exceeds the total number of voters on the manual register.total votes recorded was 71,000 while essien udim has over 90,000 voters which therefore means that the votes satisfied constitutiobal requirements.only a court of law can cancel a return or results declared by inec officials.
A case precedent was the 2015 polls in abia when pdp manufactured 81000 votes from obingwa.the returning officer prof ozumba initially cancelled the results but when shown a copy of the electoral act,he reinstated the results.even at the supreme court,this portion of the electoral act was affirmed.
Other inec witnesses also gave evidence to implicate inec.finally,the chief collation officer for apc monday afangide put the final nail in inec's case.
Based on the above,it is likely that akpabio will be declared winner or a rerun called for only in essien udim or they will be a total rerun in ikot ekpene


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. I want to carefully study the pleas of Akpabio through his final oral submission before I make my position on his case. However I believe he is consistently maintaining his stance that he was rigged out in the election. He will surely surely smile at the end of the trial.
Politics › Re: El-Zakzaky: 'I Lived Next To The Senate President & Never In Detention' by ejimatic: 4:18pm On Aug 19, 2019
Lizzysamuel:
Watch The Trending Video HERE
. I said several times that only fools and frustrated Nigerians take part in a rally against or in support of religious and political leaders....They will only waste your lives and use you as sacrifice to enlongate their wealth and popularity.
Politics › Re: Supreme Court Faults Self In Amaechi Vs Omehia Case 12 Years After by ejimatic:
Sunmolar:
Did yahaya Bello participated in ALL the election?
. Yaya Bello was second in the primary election.APC used jhim to replace Audui who died while election was in progress.
Politics › Re: Supreme Court Faults Self In Amaechi Vs Omehia Case 12 Years After by ejimatic: 10:29am On Aug 19, 2019
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.

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)&(cool 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
. Our electoral laws have been reviewed.That is why lawyers. must be current and be up to date in their analysis.In 2007 the winning party had the right to replace a candidate because it was a party that won not an individual.However the new electoral act of 2015 has made it compulsory for anybody that will assume an elected office to take part in the election that will produce him.Thus Amechi matter is outdated and set aside. In the case of Faleke and APC the supreme court held that election was still in progress when the gubernatorial candidate died thus APC had the right to replace him with Yaya Bello...If results had been announced before the gubernatorial candidate died Faleke who was the deputy governor in the election would have been sworn in.
TV/Movies › Re: FG Lodges Complaint Over Live Sex On Bbnaija With NBC by ejimatic: 8:14am On Aug 19, 2019
ChemBrodar:
The 'live sex' witnessed in the ongoing Big Brother Naija reality show seems to have gotten to the Federal Government as it has lodged a complaint with the National Broadcasting Commission (NBC).

The complaint led to arrangement for launch of a modified reality show where the true Nigerian culture will be shown, Nigerian food will be eaten and Nigerian dresses worn.

Otunba Segun Runsewe, the National Council for Arts and Culture Director-General disclosed this when paid a visit by the President of the National Council of Women Societies Dr Gloria Shoda.

It is also expected that the NCAC will represent the 2008 Nudity Bill titled ‘A Bill for an Act to punish and prohibit nudity, sexual intimidation and other-related offences in Nigeria,' sponsored by the former chairperson, Senate Committee on Women and Youth, Eme Ekaette.

“We are going to represent that bill You can’t fight a battle without a legal framework; we are definitely going to be conscious of that”, Runsewe assured.

“I will take up the issue of Big Brother Naija; I have spoken with officials of the National Broadcasting Commission because what is going on now is terrible. Having love affairs on screen is not part of our own culture at all.

“Let me use this forum to tell Nigerians that a new Big Brother Naija is on its way coming and we are working with Startimes. We are doing BBN that will reflect the true Nigerian culture. We are already working on it, all that will be eaten there will be Nigerian food, the dresses will be Nigerian dresses" he added.

On her own part, the NCWS President said she was concerned with the negative impact the live sex has on Nigerian youths.

Shoda said, “Having a live sex on stage is the thing affecting my sensibility and it is impacting negatively on the young children coming up. Does it mean that they can’t abstain from sex for three months? I’m condemning the sex content on BBN.”

https://punchng.com/fg-protests-bbnaija-live-sex-plans-alternative-show/amp/
. I wonder why BBNaija is allowed on the screen.What is its relevance?Money that should be spent on something more important is spent on BBNaija Hotel.
Education › Re: Teacher's Comment On Child's School Report Card Got People Talking(Pics) by ejimatic: 8:09am On Aug 19, 2019
Explorers:
Like 'O pass danu danu.'
Nigerian educational system needs a total overhauling with half baked and incompetent teachers wiith poor use of English all around.
Sports › Re: Why We Banned Siasia For Life, By FIFA by ejimatic: 4:55pm On Aug 18, 2019
majamajic:
u wan drag siasia come out , he that kept quiet under allegations , means that he agreed

meanwhile Fifa is waiting for him to deny it ,

so they can disgrace him with evidences !!!

I hate Nigeria local coaches , look at the one that took us to Last under 20 world Cup ,
. Siasa denied it yesterday.I am expecting FIFA evidences against him.At any rate there must be a fair hearing which I have not seen in this report and any related ones.Let wait as the events unfold
Sports › Re: Why We Banned Siasia For Life, By FIFA by ejimatic: 11:23am On Aug 18, 2019
damilola4162:
Source:https://thenationonlineng.net/why-we-banned-siasia-for-life-by-fifa/
. From whom did he collect bribe?when?How? Did you invite Siasia for his side of the story if it is true? Vague accusation and hasty decision.
Education › Re: Stop Asking People 'How Was Your Night', It Is Wrong English by ejimatic: 6:13am On Aug 16, 2019
darling4real1:
I TRULY DON'T ANSWER THIS!!

*Do you know that asking a person “How was your night?” is wrong?*
Well, if you didn’t know it until today, get to know with the help of Edward E Onoriode who shared the update on his Facebook wall.
I felt it very necessary to spread the word and help people know about it too.

Here it is.... as posted by Edward E Onoriode.

I attended a IED (Improvise Explosive Device) fusion cell meeting with some US and British EOD (Explosive Ordnance Disposal) experts yesterday to discuss all the IED incidences that had happened within the week across Somalia.

At the meeting hall, I saluted one of the British officers ‘Good morning sir’ and he responded back ‘good morning to you too’

My oversabi did not allow me to keep quiet so I went further with the Nigeria popular phrase ‘how was your night sir?’

Dude was shock. He looked at me in a weird way as if I’d said something out of the ordinary. Something that’s sacrilegious which is an abomination to his ears. After some sec, he said ‘how my night went is none of your business’!

I was awed in shock. Normally, I was expecting a simple ‘fine’ ‘Good’ ‘Splendid’ ‘ My night was great’ etc. But he didn’t say any of these but he told me ‘how my night went is none of your business’!
I felt embarrassed.

For minutes, I couldn’t mutter a word back to him. I just buried my head in shame.

All through the meeting, I was lost in thought and I couldn’t concentrate on the meeting minutes. I kept asking myself within, ‘was my question wrong?’ ‘have I said something that offended this man?’ ‘could it be that he had a bad night rest and he decided to transfer the aggression at me?’

After the meeting, I did a little Google search and I couldn’t believe the answers I got.

Ladies and gentlemen, did you know the phrase “How was your night ” In English Language means “How was last nights sex?” “How was your night shift duty?” “How was your health during the night hours?”

Whenever you ask this question in the morning to healthy people who are not in sick bed, you’re invariably inquiring about their sexual comfort/activities during the night or how their night shift went and it’s rude to ask such mostly if you’re not closely related to the person.
No wonder the British officer find my question condescending because he felt I was intruding in his private business since I’m not too familiar with him. But I asked that question with a sincere and innocent mind without any harm.
Basically, how was your night is normally asked to people who are receiving treatments in the hospital or people who are on night shift.

Nigeria has really messed me up. Now, I’d be more careful whenever I want to speak with these white folks because I never can tell when I’d say something that’s offensive and invasive again.
By the way, I need to un-learn so many English I’ve been proudly speaking, they’re wrong.
My happiness is that I know the appropriate question whenever I want to enquire how a person’s night went now and it should be;

“Did you have a good night sleep?” or
“Did you sleep well?

The answer to ‘ How was your night?’ Is actually ‘none of your business!’

I have checked our local languages. Even as literal translation goes, no Nigerian language asks ‘How was your night?’ I am checking because of this phrase, for those who know, was not in use in Nigeria as recent as 10 years ago.

As my Doctor friend said to me, it may have come from hospitals.
It’s common knowledge according to the doctor that sick people often have rough nights and most deaths occur at night. So a doctor’s question to the patient during morning ward rounds is usually ‘How was your night?’ If we exported hospital vocabulary to the streets, are we now to assume, we are all at death’s door?

The proper address for mornings is simply ‘good morning’ and if you want to spice it up by being overly friendly, you may add ‘hope you slept well?’ A person’s night is not our business.

If we are Igbo it’s either, ibolachi– have you woken up. Ututuoma- good morning.

If Yoruba, 'ę karo' – good morning. You can go further as Yorubas are won’t do by adding “se daada l'ę ji’ – hope you woke up well?

None of these our local greetings intrusively asks ‘How was your night?’ So, No! It is not African either.
Let us be well aware when we leave our lanes to go measuring that of others.
����������
*So now we know!*
*Don't go asking me or anyone else "How was my night anymore?*

*Copied*
. In English semantics there is generation of meaning and degeneration of meaning.In other words expressions assume new meaning while some lose meaning.Therefore how was your night seems to have assumed new meaning in Nigeria ..The meaning is Did your night go well? I hope there was no trouble last night and so on.This is variation in meaning.In some part of London there are dialectal variations too..some say " You is not good" instead of "you are not good"... Semantics is wide as a linguistic level.Since there are societal meaning and situational meaning we should mind the way we correct exoressions so as not to create confusion.Remember meanings change everyday.
Politics › Re: Nigerian Government Frustrating Treatment Of El-zakzaky In India, Shiites Allege by ejimatic: 9:14am On Aug 14, 2019
El-Zakzaky Begins Treatment In India As Doctors Identity 8 Ailments
Aug 14, 2019 7:56 AM
Leader of the Islamic Movement of Nigeria (IMN), better known as Shiites, Sheikh Ibraheem El-Zakzaky and his wife Zeenat who arrived in India on Tuesday have started receiving treatment at Medanta Hospital.

Naija News understands that the duo arrived India on Tuesday for medical treatments in the company of some of their family members and some security operatives.



Upon the commencement of their treatment, Doctors sin the Indian hospital said El-Zakzaky is suffering about eight ailments.

According to the doctors, the ailments were identified as; glaucoma, symptoms of Ischemic heart disease, which could lead to Myocardial infraction, severe cervical spondylosis which has resulted to nerve root compression and causing insomnia, among others.

The doctors in the hospital also revealed that the leader of the Shiite group also has pellets lodged in his body since the 2015 clash with soldiers in Zaria. These pellets are said to be causing lead poisoning in his blood.

El-Zakzaky, who has been held in detention since December 2015, he is facing trial for culpable homicide and other offences, all of which he has openly denied repeatedly.

The leader of the Shiite group arrived in India after he was granted permission by a court of competent jurisdiction in Kaduna to proceed for the sake of his health
Health › Re: Interesting Fun Facts About The Human Body by ejimatic: 6:38am On Aug 14, 2019
Dandsome:
Nice


So tell me about people with long hair or Dada (dreads).



Likewise male testicles (ballz) grin grin
one scrotum is a big bigger than the other
Politics › Re: Timi Frank: Jonathan Was A Better President, Nigerians Should Apologise To Him by ejimatic: 2:12pm On Aug 10, 2019
kidap:
A political activist and former Deputy National Publicity Secretary of the All Progressives Congress (APC), Comrade Timi Frank, has called on Nigerians, particularly those who worked against the re-election and sabotaged the former President Goodluck Jonathan to publicly tender an apology if the country must move forward.

Frank said unless Nigerians prefer to continue in pretence, the era of former President Jonathan managed well the challenge of insecurity compared to what the country has now.

In a statement Timi Frank released to newsmen in Abuja on Saturday, called on religious leaders, traditional rulers and all Nigerians who directly or indirectly worked against Jonathan's government to ask for forgiveness before it is too late.

Frank acknowledged that there were things Jonathan's government should have done better but in all Nigerians made a wrong choice of electing the current administration.

"I call on Nigerians that we should beg former President Goodluck Jonathan for wrongly voted him out and sabotaged his government. I must confess that as an APC figure in 2015, we fabricated many lies against Jonathan, though I have publicly apologised to him but other Nigerians, especially the pastors, Imams, traditional rulers and other opinion leaders should beg for forgiveness too.

"It is obvious now that insecurity in our Nation has gone out of hand. The challenge was limited to a zone under Goodluck Jonathan but presently no state, including General Buhari's home state is secured.

"Under Jonathan, Fulani herdsmen were using stick but they now carry AK 47. Under Jonathan, lives of Nigerians were more important despite the challenges but under Buhari, cows are more important than lives.

"There was democracy and rule of law under Jonathan but its now rule of force and impunity. Under Jonathan, National Assembly were active and working but its now a rubber stamp.

"Under Jonathan, Nigerians abroad were relocating back home but under Buhari Nigerians are running away. Under Jonathan Nigerians are respected all over the world but that has since gone under Buhari.

"Under Jonathan Nigerians were crying in tears but now Nigerians are crying in blood

"Under Jonathan, there was freedom of speech but that has long gone under the APC administration.

"Under Jonathan, poverty, hunger and unemployment were not as bad as it is today. Under Jonathan Nigeria was a unitedunited Nation but sentiments have taken over now.

"As it is now, all the institutions of government that were working well under Jonathan have all been blackmailed and politicised.

"So, I call on others who betrayed Jonathan to come out publicly and apologise to him. I also use this opportunity to appeal to former President Jonathan to forgive Nigerians and bless the Nation against the evils that have pervaded the land."

Frank said Nigerians should ask the APC administration what happened to the $1 Billion ECA money removed to fight insecurity in Nigeria.

He called on Nigerians to support a peaceful revolution to take back Nigeria to the good old days from the hands "evil men in power."

Signed
Comrade Timi Frank
Political activist
Abuja.




Source: https://ngg.ng/2019/08/10/jonathan-was-a-better-president-nigerians-should-apologise-to-him-timi-frank/
. My attention has been drawn to this opinion expressed by this frustrated and confused Nigerian who said Jonathan was better than Mohammed Buhari.Frank is entitled to his opinion as a Nigerian but his view is myopic and misleading.I have said it several times that we should forget tribes when assessing Nigerian problems.To start with since i1979 we have not had a good president in Nigeria.Shagari. Babangida Abacha Shonekan Obasanjo Yardua and Goidluck.All except Yardua were looters thieves and 419 who put Nigeria into crisis.As for Jonathan he ran a system that was worst in Nigeria with the way our treasury was looted and shared across the country .May he and his generation not rule us again in Nigeria. Additionally Jonathan lost because it was time for the North to rule after 8 wasted years of OBJ and 6 fruitless years of Jonathan..If Jonathan did not conceed victory the cabal would kill him there.If he died would he have time to spend his looted money? As for the PMB. things have not been the way we want them to be because there are saboteurs against his government. I believed if first time was used to lay a good foundation this second term must be different. Let wait and see...However PMB will not loot our treasury like all his predecessors including OBJ.....if 16 years of PDP were utilised Nigeria should be a better country by now.Finally. the exit of Jonathan was unavoidable and no regret for sending the thief to Otuoke...He never contributed positively to the development of Nigeria. ......Ejimatic.
Health › Re: Lady Accuses Hospitals Of Turning C-section To A Profit Making Venture by ejimatic: 1:50pm On Aug 10, 2019
udomoh:
Lady accuses hospitals of turning C-Section to a profit making venture, gets lambasted.

A lady on Twitter that goes by the name Lolo Cynthia has accused medical doctors and hospitals of deliberately carrying out Cesarean section on women for the purpose of making more money. She said she got this information from local market women who told her they prefer visiting traditional birth attendants (TBAs) because they found out that the general and private hospitals around them deliberately carryout operation on them to deliver their babies so as to make money.

Contrary to the thumps up she expected, many Twitter users lambasted her for generalizing from questionable sources. Others accused her of been a “Hebrew Women Crusader” and a contributor for Nigeria’s maternal mortality records.

Why are hospitals making pregnant women give birth through CS even when they don’t need it?? Speaking to local women at Ikorodu and I keep hearing that many of them are going to traditional birth attendants because the Government hospitals keep saying they need CS.

It’s more expensive and the women complain that they don’t even wait for them to have contractions… It’s straight to CS. This costs 100k plus and many cannot afford it!! I have heard of this in the private hospitals as well.. Is this a way to extort money from people?

Ezinwanne Udeogalanya@EUdeogalanya
Replying to@Lolo_cy
X-rays on a pregnant woman? X-ray to view the cervix? Huh *scratching my head * I wish a radiologist can tell me how safe it is to expose a foetus to x-rays to view the “cervix” …I want to believe dat it was the “pelvis” he was checking on the x-ray oh!
Because I am wondering why not use an ultrasound to see the cervix? Anyway, what do I know I’m just a pharmacist


Bantama Boy@pkyekyeku
Replying to@Lolo_cy
The 2nd Dr made you take an X-rayhuh? Better run go find the 1st

Ayodeji@samhaywhy
Replying to@Lolo_cy
There is NOTHING, I repeat NOTHING EXTRA, that a doctor in a GOVERNMENT hospital stand to gain from recommending an unnecessary Caesarean Section for women who do not need it.
If this was a private practice setting, you could argue that they want money for their pockets, but not in a government hospital. Let him/her do 15 Caesarean Sections in a day, the take home is still the same at the end of the month.


Chinemerem@Chisq4impact
Replying to@Lolo_cy
This your tweet is already responsible for the death of many mothers and babies. I hope your conscience will let you be. Rushing to misinform the public when you are totally ill informed on an issue is just low. How do you know they don’t need it? Keep adding to the problem


Pierre@therealpeterobi
Replying to@Lolo_cy
Why not try to get more information on this before tweeting? Tweets like this are reasons the mortality rate for mothers and new born infants will fail to reduce.

Hayatu Ibrahim, MD@RealHayatu
Replying to@Lolo_cy
You should be ashamed and feel responsible for the death of any woman that may likely take this misconception of yours serious to refuse accessing the care she needs to survive. Doctors are not butchers, they are human care givers who are trained to save lives not torture them.

Daily Box@dailyboxng
Replying to@Lolo_cy
Listen, you witch. That’s how our baby died. An idiot consultant at a well-known general hospital decided no CS when it was VERY CLEAR, that was what was needed. At 42 weeks, the poor baby died in the womb. The fool started begging. I don’t trust doctors today because of it. “Hebrew Women Crusedar”.


Bongi Any@ubongnwawoMD
Replying to@Lolo_cy
One woman is told that she cannot try vaginal delivery for certain reasons, she goes home to tell her friend but doesn’t tell her the reason. Her friend out of fear and lack of knowledge decides to visit the TBA… this is the trend. It has nothing to do with the doctor, period!

FUFU BABE@louisaagunbiade
What do they know? How can they say that they don’t need it ?? Are they doctors?? Do they know what the doctors have seen ?? I actually blame doctors sometimes cause they don’t take time to explain, these women need the explanations even if it’s to speak pidgin or local dialect.

HealthWatchDog@radiocranberry
Replying to@Lolo_cy
Doctors are professionals. All cases I have witnessed doctors suggest a CS were all complicated cases. I have also seen situations where women are told they would need a CS but they get up and leave the hospital, go somewhere else and die/live. No doctor “makes you” do a CS.

Leo pantro@Leopantro
Replying to@Lolo_cy
I recall a woman who had a difficult labour ( baby was transverse), doctors suggested CS, she was of the “not my portion” crew. Called pastors who prayed & blasted for 12hrs. Had to be rushed to theatre when she fainted. Husband was called in to see baby when they opened up.

https://nimedhealth.com.ng/2019/08/06/lady-accuses-hospitals-of-turning-c-section-for-a-profit-making-venture/?amp
. It is shocking that many private hospitals in Nigeria prefer CS to natural birth in order to make more money.They are heartless .There was a case of a doctor who delivered a woman of a baby only to be sacked on the following day.His offence? The woman was scheduled for a CS before he resumed duty.The sacked doctor believed CS was not necessary. The management wondered how it would get money to pay salary if others in the hospital were doing that.This is Nigeria for you where there is no fear of God despite the fact that churches and mosques are increasing every day....Any body who makes money at the expense of people's life will not reap the fruit of his labour.
Politics › Re: Judge Denies Fg’s Request To Detain Sowore For 90 Days by ejimatic: 7:03am On Aug 07, 2019
dre11:
https://www.independent.ng/breaking-judge-denies-fgs-request-to-detain-sowore-for-90-days/
If you were PMB would you allow revolution ? Falana would act too.By action Sowore is a threat to Nigeria and he would stay longer in detention. National interest supersedes individual interest.

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