₦airaland Forum

Yusuf Alli SAN submitted that the only mandatory requirement by Electoral Act to be recorded are votes of the parties.

uruba23:
Chief Wole Olanipekun SAN is one man I respect but I honestly don't know why is want to use technicality to trucate this case,he should please hands off...it is personal

That is why PDP is tackling INEC.

Unfortunately INEC spoil show for APC by not telling the tribunal why they deduct votes unilaterally and in turn order for re-run

garfield1:
That is not his only ground of appeal.read the full petitions.

You are the one that is suppose to read with understanding.

Can you explain what you understand by oral submission on an appeal

ejimatic:
. Today is for oral submission by the two parties....Judgements will be given before May 20.....The future of Osun will be determined not in Nairaland but by the Appeal and Supreme courts.PDP should not rest ApC should be awake on Osun matter.However in my own opinion I forsee a rerun in the voting units where results were cancelled and where there was no election at all on 22 September 2018. This is supported by what the electoral says on the debatable cancelled votes... Good luck to Osun people

Did you read anywhere here stated it will be determined on nairaland.

Always read before making comment

thatigboman:
Are we expecting judgement today?

No

engineerboat:
Chief Wole Olanipekun representing Gov Oyetola has submitted that the majority judgment of the Tribunal should be nullified because Justice Obiora that did not sit throughout the proceedings wrote the judgment and reviewed evidence of witnesses he did not see.

Chief Olanipekun

There are court records available on that day, even this Appeal Court will refer to and rely on these same records of the Tribunal proceedings.

Chief Olanipekun' s your only ground of appeal is that Justice Obiora absent for 1 day of the Tribunal sittings that lasted 4 Months. Ignoring the fact that the only 2 witnesses were called on that day out of about 100 Witnesses called!

How substantial?


The ball is now at the Appeal panel court

engineerboat:
Chief Olujinmi submitted that it was erroneous for the Tribunal to rely on certified true copies of Forms EC8A having held that the documents were dumped on the Tribunal

Chief Olujimi

84 witnesses were called

Cross-examined by You personally

Does it mean you are Cross-examining a dumped form ec8A

The 84 Witnesses tendered their pink copies of EC8As as well as the corresponding CTCs.

From my understanding
Once a witness tenders an exhibit as well as testify to them, those exhibits CANNOT be deemed to have been dumped.

engineerboat:
Yusuf Alli SAN held that the Tribunal held that INEC led evidence by way of cross-examination in line with pleadings and that INEC is not bound to cal a particular witness. That the Petitioners have not discharge the onus to show non-compliance was substantial.

The judge then asked him Why didn't He explain this to the tribunal in the first place

Yusuf Alli SAN submitted that Section 140(2) of the Electoral Act as amended has been held by a full panel of the Supreme Court to be applicable before Tribunals and Court of Appeal sitting as Presidential election Tribunal and not ordinary courts.

Yusuf Alli SAN held that the Tribunal held that INEC led evidence by way of cross-examination in line with pleadings and that INEC is not bound to cal a particular witness. That the Petitioners have not discharge the onus to show non-compliance was substantial.

Judgment in the appeal of APC by Chief Olujinmi is reserved by the Court of Apeal

Chief Olujinmi submitted that it was erroneous for the Tribunal to rely on certified true copies of Forms EC8A having held that the documents were dumped on the Tribunal

Chief Olujinmi further submitted that the ground of the Petition stated by the Petitioner on non-compliance was restricted to 27 Sept 2018 election whereas the 17 units cancelled by the Tribunal relates to Sept. 22, 2018 election outside the purview of the ground of the Petition.

Chief Olujinmi submitted on behalf of APC that the judgment is a nullity because the Tribunal went out on its own to grant reliefs not sought by the Petitioners whereas it has no jurisdiction to do so!

Judgment in the appeal of Governor Oyetola is reserved and date will be communicated.

Chief Wole Olanipekun submitted that it is clear from the record that Justice Obiora did not sign the record on the day he was absent but signed on all other days.

Chief Wole Olanipekun representing Gov Oyetola has submitted that the majority judgment of the Tribunal should be nullified because Justice Obiora that did not sit throughout the proceedings wrote the judgment and reviewed evidence of witnesses he did not see.

[LIVE UPDATE] Osun Election: Appeal Court Hears Oyetola’s Appeal Against Adeleke


The Abuja Division of the Court of Appeal is currently hearing the appeal filed by the Osun State Governor, Mr. Adegboyega Oyetola and the All Progressives Congress, challenging the judgment of the state’s Governorship Election Petitions Tribunal which nullified their election.

The tribunal had on March 22, 2019, in a split decision declared Oyetola’s main rival in the September 2018 election in the state, Senator Ademola Adeleke of the Peoples Democratic Party as the one validly elected as the governor.

It nullified the certificate of return issued to Oyetola and ordered the Independent National Electoral Commission to issue a fresh one to Adeleke.

The tribunal’s Chairman, Justice Ibrahim Sirajo, in his minority judgment, dissented from the majority judgment adopted by Justices Peter Obiorah and Adegboye Gbolagunte.

Oyetola had in his 39-ground notice of appeal filed on March 26, 2019, urged the Court of Appeal to nullify the majority judgment, which he argued was perverse, replete with contradictions and not supported by evidence led by the petitioners.

4601CE:
the appeal court will send the dancing clown back to his village!

For your village abi

deomelo:
[s][/s]


Ignorant and unintelligent ipob, I'm not a public official and I'm not ekweremadudu who looted your village funds to buy mansions in Lagos, Abuja, UK, US and Dubai.

Silly ipob hypocrites, they are never concerned about the rot, looting and stealing by their crooked and corrupt kinsmen, but they will kill themselves over other people..

Stop talking and thinking from your anus

Afamed:
You wail more than this before Onnoghen was shown the exit gate.But as a serial wailer, I dont expect you to give up easily

You go dey alright shaaaaaa you know

Afamed:
The same way you blindly misled your fellow e wailers during Onnoghen case, the same way you are here defending Atiku / appendage case that's already settled. Clearly , you are not a student of history

Go and take your drug.

Las las you go dey alright

garfield1:
This guy,you have serious issues.read atiku's petition and then read this reply.it seems you didnt even read this post hence the blind comments.you clearly know nothing about law or tribunal workings except few theories which you bandy about.update yourself child

The problem in have with zombies is that they want to be

Prosecutor

Defense

Judge at the same time.

You have presented your reply.

What till the firework start.

Then you will know the pot that is cooking your matter

ChristianNorth:
Lol. Thanks

Those guys brain need some serious reset

Ratello:
PleasE my comrade, stop quoting that dude I beg of you he is the same clown as senatordave1 he always tries to scoop political ideas from cerebral fellows like you here through his indirect but subtle posts kindly stop equipping him. I have stopped discussing with the clown please you should my comrade. He is clearly not in your league

Cc: Tuniski engineerboat etc

Haahahahahah.

The guy na another next level zombie case study

Afamed:
Bla bla bla bla bla bla bla bla bla bla bla. Appendage is not qualified to contest an election in Nigeria, simple as APC. You can't re write a constitution of Nigeria to suit your candidate

have you taken your drug this morning

ATIKU'S PETITION: APC's OBJECTION TO ATIKU'S QUALIFICATION TO CONTEST BASED ON QUESTION OF HIS NIGERIAN CITIZENSHIP.

What are the chances of APC succeeding in its objections based on the ground of Atiku's Nigerian Citizenship?

Before we delve into answering this critical question, let us consider the relevant section of the Constitution of Nigeria that has to do with the Court that has the jurisdiction to determine the question of a person's citizenship in Nigeria. This is so because it is trite law that jurisdiction is the life wire to any proceedings in any court or tribunal. Any proceedings or judgment, no matter how good or how well conducted by any court or tribunal without jurisdiction is a nullity, as one cannot build something on nothing and expect it to stand.

Having said that, the question now is: Which court has the exclusive jurisdiction or power to determine the question of citizenship of any person in Nigeria?

In response to this question, let us consider the provision of section 251 (1) (i) of the the Constitution of Nigeria, 1999 as amended.

Section 251 (1) (i) of the Constitution provides and I quote:
251 (1): Notwithstanding anything to the contrary contained in this Constitution and in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, THE FEDERAL HIGH COURT (F.H.C) shall have and exercise jurisdiction to the exclusion of any other court in civil causes and matters relating to:
(i) Citizenship, naturalisation and aliens, deportation of persons who are not citizens of Nigeria, extradition, immigration into and emigration from Nigeria, passports and visas.

Now in view of the above provision of the Constitution, the questions that beg for answers are:

(1) Which court has the exclusive jurisdiction to determine or decide a person's citizenship in Nigeria?

ANS: The Federal High Court (F.H.C).

(2) Has the F.H.C ever been called upon by APC or anybody at all to decide or determine any question bothering on or relating to Atiku's citizenship in Nigeria?

ANS: No.

(3) Going by the provision of the above section of the Constitution, does the APC, the Election Petition Tribunal or any other person or institution has the power to declare or pronounce Atiku or any other person a non-citizen of Nigeria?

ANS: No, because doing so will amount to usurpation of the power or jurisdiction of the F.H.C.

(4) Can the Election Petition Tribunal now exercise the power to declare or pronounce Atiku a non-citizen of Nigeria?

ANS: No, it cannot.

In view of the above questions and answers, it is my humble submission that it is very wrong for APC to, at this stage, declare that Atiku is not a citizen of Nigeria, especially in the absence of any F.H.C judgment to that effect, and then uses it as a ground to question or challenge his qualification to contest the Presidential election. It is also very wrong for APC or any person at all to bring up the issue of Atiku's citizenship for the first time at the Election Petition Tribunal. This is because doing so is akin to asking the Election Petition Tribunal to determine or decide on Atiku's citizenship in Nigeria based on the evidence before the Tribunal. Unfortunately, the Election Petition Tribunal has no jurisdiction or power to determine that question in view of section 251 (1) (i) of the Constitution.

Based on the above, I further submit that APC or any other interested person should have, first of all, proceeded to the F.H.C to challenge Atiku's qualification to contest the Presidential election based on the question of his citizenship in Nigeria. They should have even done that before the election took place, because an issue of that nature is a pre-election matter which the Election Petition Tribunal has no jurisdiction to determine. But this they failed to do. Therefore, APC's objections to Atiku's qualification on question of his citizenship is most likely going to fail, reason being that:

(1) They lack the power to declare Atiku a non-citizen of Nigeria without a supporting F.H.C judgment to that effect.
(2) The Election Petition Tribunal lacks the jurisdictional competence to decide or determine the question of Atiku's citizenship in Nigeria. It is only the F.H.C that has the exclusive jurisdiction to do so going by the provision of section 251 (1) (i) of the Constitution of Nigeria.

Cc: Lalsticlala

kunleweb:
Help us ask o. Mod push this to fp too as you all did to the Atiku is trying to instigate crisis threads

APC are the one trying to create public outcry by their unnecessary noise where there is none

Senate Publish 2018 Budget Details


The details of the 2018 Budget of the National Assembly can be downloaded here:

http://nass.gov.ng/document/download/10247

This is in accordance with the commitment of the leadership of the 8th Nationa Assembly to accountability and transparency.

#OpenNASS

The same part 2015 repeat their stance of forming parallel government.

Yet nobody cry burning hell on them.

So how is ATIKU instigating Political Crisis.

Lalasticlala come see hoo

2014 same APC was busy making war music on forming parallel government.

Is their past hunting APC back