₦airaland Forum

fergie001:
He cannot because he is not an aspirant.
In the Electoral Act 2010, yes maybe he could but with this one now, no he can't. It is the National leadership of the Party that can tell who their members are.

The Court has no business with who is a member of the Party, it is the Party that decides.

In a February Supreme Court judgement between Ita Enang v. Akanimo Udofia... the SC was clear about that.

Udofia bought the PDP Guber form, was screened and defected to APC 2 nights before the APC Primary, after that of PDP had been conducted.

He had a waiver from the Party and the APC duly acknowledged they gave it to him and the SC said no P then.

In Agi v. PDP.... PDP gave Ayade the ticket but when the Court case started, down to the SC they denied Ayade isn't wasn't an up-to-date member. He proved to the Court he was and was affirmed.

The SC said fine... You cannot clear this man, say he is your member, he wins an election, then you come to the SC and say he is not your member.

fergie001:
They can (it depends on the 180 days)

In the Diri v Degi case, the election held Nov, the case was filed in Aug, FHC ruled in Oct, Appeal Court in Dec, SC in Jan.

If the FHC wanted to wait for 180 days, it will have expired in Feb...

fergie001:
The sack of all Labour Party Candidates in Abia and Kano States by a Federal High Court sitting in Kano, is on the hot burner.

The Originating Summons was filed by Mr. Ibrahim Haruna Ibrahim against the Labour Party (LP) and the Independent National Electoral Commission, INEC. It allegedly borders on the failure of the 1st defendant (LP) to submit her membership register to the 2nd defendant (INEC) 30 days prior to the Primaries of the Party.

Section 77(3) of the Electoral Act reads: Each political party shall make such register available to the Commission not later than 30 days before the date fixed for the party primaries, congresses or Convention.

With Otti as a case study, the Abia Gov-Elect resigned from the APC on May 28 and won the Party Primary conducted on June 09, 2022.

However, I believe this judgement was delivered per incuriam.

Elections have been won and lost not only in Abia State but all over the Country, hence it is only through the elections petition tribunal that reliefs (if any) can be sought as of now.

It is trite law that jurisdiction is the life-blood and existence of any suit. No matter how finely delivered, the suit becomes null and void if the Court has no jurisdiction. Lokpobiri v. Ogola per Onnoghen JSC (as he then was).

The Court does not determine the membership of a Political Party. The Party determines her members.

Mr Haruna, the plaintiff, had deposed his OS on 11th May, 2023 well over one month after the election for a suit whose cause of action was June 2022. It is clearly statute-barred, divesting the court of jurisdiction to have entertained same. He ought to have come under Section 285 of the 1999 CFRN and filed 14 days after the course of action for it to be heard.

It is clear that the Federal High Court (Pre-Election) Practice 2022, Nos 3 & 4 were obviously not judiciously followed by the court.

The question that comes to my mind is:
- does the plaintiff even possess the locus to file this suit?

Section 84(14) of the Electoral Act reads:
Notwithstanding the provisions of this Act or rules of a political party, an aspirant who complains that any of the provisions of this Act and the guidelines of a political party have not been complied with in the selection or nomination of a candidate of a political party for election, may apply to the Federal High Court for redress.

Was Mr Haruna a candidate of the Labour Party in Abia State? The certain answer is NO. He had no locus, no business with the issues having not participated in the Primaries of the Party in that State.

Again, what comes to my mind is that relevant and interested parties were not joined.

Whilst non-joinder does not necessarily invalidate the proceedings of Court, the absence of a proper or necessary party before the Court renders the entire suit an exercise in futility, as a Court cannot validly make an order or decision which will affect a stranger to the suit, who was never heard nor given an opportunity to defend himself. (Katami v. Katami 2018) per Oho JCA

The proper thing was for the Judge to have allowed a window for necessary parties to be properly joined thereof, at worse.

The plaintiff did not bring himself to show cause why he should be taken seriously neither had he shown the injury he will suffer in Abia State if his suit isn't adjudicated upon.

Again, Can Section 77(3) of the Electoral Act override the Constitutional eligibility requirements of these Candidates in Abia and/or Kano?

Still on the disqualifications issue in APM v. Mr. Peter Obi: The Appeal Court per Anthony Ugochukwu Ogakwu JCA, held that Mr Peter Obi cannot be disqualified by Section 77(3) supra having satisfied the conditions of Sections 131 and 137 of the 1999 CFRN.

Sections 131 and 137 are direct and copious to Sections 177 and 182 (for Governors).

The plaintiff's apparent lack of locus standi should have deprived the trial court of the jurisdiction to grant the relief sought by the plaintiff in his OS.

When the plaintiff has been found not to have the standing to sue, the question whether other issues in the case had been properly decided or not does not arise. The position of the law is to dismiss same (Maxi Okwu & Anor v. INEC & Ors) per Okoro JSC

Interestingly, Justice M N Yunusa contradicted himself when he held that:

"... the candidates that participated in the Abia election are not parties before the court, he lacks the jurisdiction to make an order on the issuance of certificate of return."

Then again

“....That the failure of the 1st Defendant (Labour Party) to submit its register of members in Kano state and Abia state is in crass breach of the provisions of section 77(3) of the Electoral Act, 2022 and the purported primary elections of the 1st defendant is invalid, null and void and of no effect,”

Whilst Justice Yunusa invalidated the Primaries that produced Otti, he had neither restrained nor asked INEC to withdraw the Certificate of Returns issued to the Gov-Elect/NASS Candidates. In lay terms, he made no consequential orders.

This should normally not stop the inauguration for NASS Candidates and/or Otti, however, it has to be vacated or appealed as the judgement is valid and subsisting.

It is wholesomely clear that this suit have no scintilla of merit and will not survive the scrutiny of higher Courts.

fergie001:
The sack of all Labour Party Candidates in Abia and Kano States by a Federal High Court sitting in Kano, is on the hot burner.

The Originating Summons was filed by Mr. Ibrahim Haruna Ibrahim against the Labour Party (LP) and the Independent National Electoral Commission, INEC. It allegedly borders on the failure of the 1st defendant (LP) to submit her membership register to the 2nd defendant (INEC) 30 days prior to the Primaries of the Party.

Section 77(3) of the Electoral Act reads: Each political party shall make such register available to the Commission not later than 30 days before the date fixed for the party primaries, congresses or Convention.

With Otti as a case study, the Abia Gov-Elect resigned from the APC on May 28 and won the Party Primary conducted on June 09, 2022.

However, I believe this judgement was delivered per incuriam.

Elections have been won and lost not only in Abia State but all over the Country, hence it is only through the elections petition tribunal that reliefs (if any) can be sought as of now.

It is trite law that jurisdiction is the life-blood and existence of any suit. No matter how finely delivered, the suit becomes null and void if the Court has no jurisdiction. Lokpobiri v. Ogola per Onnoghen JSC (as he then was).

The Court does not determine the membership of a Political Party. The Party determines her members.

Mr Haruna, the plaintiff, had deposed his OS on 11th May, 2023 well over one month after the election for a suit whose cause of action was June 2022. It is clearly statute-barred, divesting the court of jurisdiction to have entertained same. He ought to have come under Section 285 of the 1999 CFRN and filed 14 days after the course of action for it to be heard.

It is clear that the Federal High Court (Pre-Election) Practice 2022, Nos 3 & 4 were obviously not judiciously followed by the court.

The question that comes to my mind is:
- does the plaintiff even possess the locus to file this suit?

Section 84(14) of the Electoral Act reads:
Notwithstanding the provisions of this Act or rules of a political party, an aspirant who complains that any of the provisions of this Act and the guidelines of a political party have not been complied with in the selection or nomination of a candidate of a political party for election, may apply to the Federal High Court for redress.

Was Mr Haruna a candidate of the Labour Party in Abia State? The certain answer is NO. He had no locus, no business with the issues having not participated in the Primaries of the Party in that State.

Again, what comes to my mind is that relevant and interested parties were not joined.

Whilst non-joinder does not necessarily invalidate the proceedings of Court, the absence of a proper or necessary party before the Court renders the entire suit an exercise in futility, as a Court cannot validly make an order or decision which will affect a stranger to the suit, who was never heard nor given an opportunity to defend himself. (Katami v. Katami 2018) per Oho JCA

The proper thing was for the Judge to have allowed a window for necessary parties to be properly joined thereof, at worse.

The plaintiff did not bring himself to show cause why he should be taken seriously neither had he shown the injury he will suffer in Abia State if his suit isn't adjudicated upon.

Again, Can Section 77(3) of the Electoral Act override the Constitutional eligibility requirements of these Candidates in Abia and/or Kano?

Still on the disqualifications issue in APM v. Mr. Peter Obi: The Appeal Court per Anthony Ugochukwu Ogakwu JCA, held that Mr Peter Obi cannot be disqualified by Section 77(3) supra having satisfied the conditions of Sections 131 and 137 of the 1999 CFRN.

Sections 131 and 137 are direct and copious to Sections 177 and 182 (for Governors).

The plaintiff's apparent lack of locus standi should have deprived the trial court of the jurisdiction to grant the relief sought by the plaintiff in his OS.

When the plaintiff has been found not to have the standing to sue, the question whether other issues in the case had been properly decided or not does not arise. The position of the law is to dismiss same (Maxi Okwu & Anor v. INEC & Ors) per Okoro JSC

Interestingly, Justice M N Yunusa contradicted himself when he held that:

"... the candidates that participated in the Abia election are not parties before the court, he lacks the jurisdiction to make an order on the issuance of certificate of return."

Then again

“....That the failure of the 1st Defendant (Labour Party) to submit its register of members in Kano state and Abia state is in crass breach of the provisions of section 77(3) of the Electoral Act, 2022 and the purported primary elections of the 1st defendant is invalid, null and void and of no effect,”

Whilst Justice Yunusa invalidated the Primaries that produced Otti, he had neither restrained nor asked INEC to withdraw the Certificate of Returns issued to the Gov-Elect/NASS Candidates. In lay terms, he made no consequential orders.

This should normally not stop the inabd Baauguration for NASS Candidates and/or Otti, however, it has to be vacated or appealed as the judgement is valid and subsisting.

It is wholesomely clear that this suit have no scintilla of merit and will not survive the scrutiny of higher Courts.

shonepa:
But bro no be all police officers dey wear uniform. My arguement be say people dey talk about uniform, but the fact is, is it right to even slap anybody?

naptu2:
OKWUDIRI (Eluuu Peee) @IsraelAmadi1



https://twitter.com/IsraelAmadi1/status/1659444206207750144


Prince Olumuyiwa Adejobi @Princemoye1



https://twitter.com/Princemoye1/status/1659484281385758722

Antimandatethie:
https://dailypost.ng/2023/05/18/ill-be-at-presidential-petition-court-on-friday-lamidi-apapa-vows/

seunmsg:
Courtesy of the Buhari led APC government.

Antimandatethie:
https://dailypost.ng/2023/05/18/ill-be-at-presidential-petition-court-on-friday-lamidi-apapa-vows/

Runnerzz:
https://dailypost.ng/2023/05/18/may-29-god-has-set-confusion-among-tinubus-enemies-keyamo/

9jabox:
In what looked like a script off of a fictional novel, the unbelievable happened today on our nation’s premiere Tv station, the NTA when the wooden backdrop used to identify the program on air fell on the presenter of the program on live Tv.

The presenter literally shouted Jesus and ran out of the stage.


https://www.youtube.com/watch?v=AP_v1sqcbTQ&feature=youtu.be

Jestin:
I went to site today to complete the roofing stage in one of my buildings. Some workers were doing the wood work while i directed some to clear the compound because it was bushy.

One of the workers shouted snake and before a blink of an eye, they killed the snake. Cut off the head and tail and kept the body to be consumed later. I took some photos to share here because i know Lala and nairalanders love snakes.

nlfpmod:
https://saharareporters.com/2023/05/17/woman-brutalises-almost-blinds-7-year-old-nephew-anambra-failing-recite-english-alphabet

shonepa:
Nobody talk say e right to slap person. But the law is very cumbersome. If a police officer is assualted and found guilty for misconduct, the penalty of the offender will be reduced.

How u go dey compare FBI with Nigerian police.

Have u forgotten 2pac shot 2 off duty white cops for harassing a black man. He won the case.

The police seff no dey above the law.

blacknp:
Of course, why not, David Koresh took 4 ATF agents to their death, you are here complaining of holding a korofo police man against his will?

shonepa:
Oga na u dey call am assualt, and felony no be one direction, it varies.

And he has not been trialed by the court yet, so the best u can say is alleged assualt.

The Police try cause damage to em and his family, Yes or No?

U response will tell if u truely know what u talking about.

nlfpmod:
https://saharareporters.com/2023/05/17/journalist-david-hundeyin-mocks-seun-kuti-says-he-opposed-peter-obi-who-could-bring-real

Kingsmeal:
Look what just got found in the 1999 Constitution. Tada! 😀

2/3 of the States and the FCT. One MUST get this 25% requirement before being the President of FRN!!!

madridguy:
Alhaji Atiku aka Emir of Dubai should return back to his emirate and leave our president elect alone.

treesun:
https://punchng.com/breaking-court-adjourns-obis-petition-against-tinubu-to-friday/

Tiwaz2:

https://www.youtube.com/watch?v=ZPfZUwpxayQ



Source: https://www.hottestnaijanews.com/2023/05/17/if-apc-wanted-nigeria-to-work-why-didnt-they-bring-osinbajo-peter-obi/

ganisucks:
https://twitter.com/fkeyamo/status/1658498000082042882

renderme:
Source: https://www.channelstv.com/2023/05/16/ooni-of-ife-welcomes-sixth-wife-to-palace-saturday/

Penguin2:
One of the, if not the only, line of defense of Tinubu supporters since incontrovertible evidences emerged that Peter Obi won Rivers but INEC criminally called it for Tinubu as has been reported by a lot of reputable media platforms including the BBC, is that “even if the Rivers result is added to Obi, he will still not be above Tinubu.”

One of them (Ireportlive) even went as far as admitting that Lagos was equally rigged for Tinubu but that even if both Lagos and Rivers results are given to Obi (the original owner by the way), he’d still top Tinubu.

But are there really no implication to these reports of Obi winning Rivers? Is it as easy as Tinubu supporters are trying to make it sound? I guess not.

The first thing to consider here is that if the evidences become overwhelming that the PEPT was convinced that Peter Obi won Rivers, and they decide to add the state to him, the implication is that Tinubu will be left with 11 states where he secured victory while Obi will now move to 13 states. What this means is that if at the end of the Tribunals, the courts decide to order a run off, it will now be between Tinubu who won simple majority of votes and Peter Obi who won most states of 13 against Atiku’s 12.

Furthermore, if Obi is able to prove in court that it is not only Rivers State that his votes were taken, that it happened in other states, and the court agrees to recalculate the numbers, Obi might not end up topping Tinubu but he’d most likely end up displacing Atiku to become the second person in the election. The implication of this is that in the event that Tinubu is disqualified, for whichever of the many rounds seeking his disqualification, it is Peter Obi, not Atiku, that would then become the direct beneficiary of his disqualification.

Then lastly, if it can be proven that INEC manipulated results in Rivers to favour Tinubu, how are we sure it is not what they did nationwide? INEC would have to show cause why it should not be believed that they used the Rivers template nationwide in support of Tinubu.

So, my point is that Tinubu supporters should not take the reports of Obi winning Rivers as inconsequential. It has the tendency to cause a spiral that could further nail Tinubu’s chances.

Nyesom Wike was more of a curse to Tinubu than a blessing. He’d end up being Tinubu’s undertaker.

Newton2024:
^{Nigeria’s constitution must be followed to the letter in electing president - Datti}
https://sunnewsonline.com/nigerias-constitution-must-be-followed-to-the-letter-in-electing-president-datti/?amp

naptu2:
https://www.bbc.com/news/65163713?

ebukajay184:
The spokesperson of the Nigeria Police Force, CSP Olumuyiwa Adejobi, has explained that it is a normal procedure for any suspect to be handcuffed before detention, IGBERETV reports.

Some Nigerians queried the police for putting handcuffs on singer Seun Kuti after he turned himself in. Responding to one of such queries, Adejobi explained that it is a normal procedure to place a suspect in handcuffs before detention.

Twitter user @ajilomoto wrote;


https://twitter.com/ajilomoto/status/1658165091445923860?s=19

Adejobi replied;


https://twitter.com/Princemoye1/status/1658166466707873797?t=HTcks8s7oSuQePd5MGqLYA&s=19

https://igberetvnews.com/1445136/police-speaks-seun-kuti-handcuffed/