₦airaland Forum

senatordave1:
Guy,swerve na

The defending senator of criminals

A whole governor kidnapping a Returning Officer and putting his family under house arrest.

This ignoramus is telling me he can argue in court that he is protect orlu vote

When has Okoroawusa turn to security officer

senatordave1:
Can you look at the issues raised and leave politics

Which issue

That a Whole Governor Kidnapped a Returning Officer with Gun and His family under attack,

Maybe you don't know.

Military were called to rescue the situation

But it's now turning bloody

The commanding officer had to advise the Ruturning officer to annoucne Okorocha but put a clause UNDER DURESS

Senatordave1 you know next to nothing on this issue.

Better not continue tonshoe forth your ignorance outside

senatordave1:
The case is weak,you and inec are just exaggerating it.it is at this point that i suspect that theres a grand level conspiracy between apc and pdp against him.he is not the only one that harassed inec officials,several others did it this past polls.infact,thane collation officer of ikwerre lg accused amaechi of same thing yet notging has been done against amaechi that has no immunity.

Secondly even if it is taken to a civil court after his tenure,he can argue that it was in self defence and in the interest of the state in his capacity as chief security officer to act and defend the votes of the orlu electorates.this is a strong point.
Therefore,we can see that rochas action was induced by the criminal intent and attempt of the returning officer to manipulate results.according to rochas,the returning officer was found with several copies of the senate results.instead of him to make a declaration,he was busy delaying for no just cause.at a point,he claimed to have misplaced the results.when this failed,he now wanted to go to owerri instead of making a declaration in orlu which is the actual place for the returns to be made.if he wanted superior clarifications,he could have called owerri or sent a subordinate there.again,based on okorocha's experiences during the imo apc congress and primaries where the nwc panels scammed and deceived him,he couldn't take any chance.

Finally,inec should do the needful before the court rules and ridicules them.let them do a re-collation or give okorocha the certificate.why punish the people of that zone because of two people? Afterall,they raised a panel to look at issues surrounding imo north senate polls,they should do same here.
No tribunal can cancel an elections based on forceful declaration since actual elections were concluded and also collation was concluded or almost concluded.only declarations were made meaning that actual results from polling units,wards and lgas were ready and unaffected by the infractions

Se This criminal defending another criminal

senatordave1:
You are simply reiterating my views.okorocha is in court and the course will surely make that order or order inec to give him the certificate before june.so stop wasting time on okorocha hoping that inec will perpetually not give him the certificate or cancel the polls.
After he has been sworn in,aggrieved parties can now approach the tribunal to cancel the polls lawfully

Which court.

Imo state high court will order INEC abeg shift.

Why was INEC withholding the return certificate

ANALYSIS: INEC and the legality of withholding certificate of return

A senior lawyer, Jiti Ogunye, has stated that electoral commission, INEC, has the power to withhold a certificate of return for an election under some circumstances.
Mr Ogunye stated this amid the controversy surrounding the decision of INEC to withhold the certificate of return from Governor Rochas Okorocha.

PREMIUM TIMES reported how the returning officer in Imo West stated that he was forced ‘under duress’ to declare Mr Okorocha winner of the senatorial election in the area.
INEC, which issued certificates of return to senators-elect on Thursday declined to issue Mr Okorocha with the certificate for the reason stated by the presiding officer.
Read Mr Ogunye’s legal opinion on the matter below.

CAN INEC LEGALLY WITHHOLD A CERTIFICATE OF RETURN ?
We are compelled in the circumstances to weigh in here.
INEC for good cause, in our considered view, may withhold or refuse to issue a certificate of return to a candidate in an election. Such good cause, for example, may be a post declaration awareness or a realisation that the declaration is not voluntary or made under duress, without the free exercise of the will of the returning officer, especially if the tabulated or collated votes do not support such a declaration. An illicit declaration, procured vi et armies, ought not to give birth to a legitimate return. Certifying a fraud that INEC realises and can establish as a fraud is not only irresponsible but unlawful. That will mean that INEC knowingly and willfully is certifying a fraudulent declaration or return.

Where is the law?
Section 68 (a,b & c) of the Electoral Act ( with its amendments) provides that “ the decision of the Returning Officer on any question arising from or relating to-(a) unmarked ballot paper; (b) rejected ballot paper; and (c) declaration of scores of candidates and the return of a candidate shall be final subject to review by a tribunal or court in an election petition proceedings under this Act”
Section 75(2) of the Electoral Act, 2010 (with its amendments) states that “where the Commission refuses and, or neglects to issue a certificate of return, a certified true copy of the order of a court of competent jurisdiction shall, ipso facto, be sufficient for the purpose of swearing in a candidate declared as the winner by that court.
A combined reading and construction of the above two cited provisions of the Electoral Act make it luminously clear that any decision of a Returning Officer on the declaration of scores of a candidate and the return of a candidate shall be final, and same shall be subject to review by a tribunal or court in an election petition proceedings. It is our humble submission that if a Returning Officer, upon making a declaration, takes a “decision” to report an alleged coercion and compulsion to make a declaration to INEC, that report, which is an inextricable part of result declaration, can validly lead to a decision not to issue a certificate of return to an alleged winner of the election. It is submitted that the decision not to issue a certificate of return qualifies as one of the “decision of the Returning Officer on any question arising from or relating to …..declaration of scores or return of a candidate…” within the meaning and intendment of Section 68 of the Electoral Act.

Section 75(2) is even more instructive. The subsection recognises that INEC may “refuse” or “neglect” to issue a certificate of return and that in that case, a certified true copy of an order of court shall be sufficient for the purpose of swearing in a candidate that may be declared as the winner by that court.

What this subsection implies is that upon refusal or neglect by INEC to issue a certificate of return, a court action (election petition) may be filed by a person so declared but denied a certificate of return, to seek declaratory reliefs that he is the winner who should be issued the certificate of return.

Until such an order is obtained, INEC, as the election management body, and pursuant to its statutory and administrative powers may, for good cause and compelling reasons, withhold a certificate of return.

I had wanted to see Senatordave01 saying he doesn't need INEC certificate.

Lo and behold he still need to approach the court and tribunal

Atiku’s petition: INEC, APC face Thursday deadline to respond

The Independent National Electoral Commission and the All Progressives Congress have till Thursday to file their responses to the election petition jointly filed by the Peoples Democratic Party and its presidential candidate, Alhaji Atiku Abubakar, challenging the outcome of the February 23 presidential election, SUNDAY PUNCH has learnt.

Due to the fact that the petition was served on him late, President Muhammadu Buhari, who is the candidate of the APC, has till at least April 16 to respond to the petition.



Atiku and his party had, on March 18, 2019 filed the petition before the Presidential Election Petitions Tribunal, challenging the declaration of Buhari and the APC as the winner of the election.

The petitioners claimed that contrary to INEC’s declaration, the PDP’s candidate was the valid winner of the election.

INEC, Buhari and APC are the first to the third respondents to the petition, respectively.

SUNDAY PUNCH found out that as of Friday, none of the three respondents had filed their responses to the petition.

Paragraph 10(2) of the Electoral Act, 2010 provides for a period of not more than 21 days within which a respondent must reply to an election petition from the date of being served with it.

The said Paragraph 10(2) provides, “The non-filling of a memorandum of appearance shall not bar the respondent from defending the election petition if the respondent files his reply to the election petition in the Registry within a reasonable time, but, in any case, not later than twenty-one (21) days from the receipt of the election petition.”

The petitioners served the petition on INEC and APC on March 22, but was unable to serve same on Buhari until they were able to obtain a March 27 order of the Court of Appeal in Abuja permitting them to serve the President through substituted means.



The petitioners had, in an affidavit filed in support of their ex parte application, cited the protocols and security hurdles at the Presidential Villa as the reasons for their inability to serve Buhari with the petition personally.

Ruling on the application, which it said was meritorious, the Justice Abdu Aboki-led three-man bench of the Court of Appeal, Abuja, on March 27, granted the order permitting them to serve Buhari through APC’s national secretariat.

By our correspondent’s calculation, the 21 days granted to INEC and the APC to respond, from March 22 when they were served with the petition, would expire on April 11.

Asked when the APC would file its reply to the petition, a Senior Advocate of Nigeria in the party’s legal team, who sought not to be named, confirmed that they had Thursday deadline to file their response.

“We are filing our reply in the new week because our 21 days window expires in the new week,” the SAN said.

Speaking with SUNDAY PUNCH, a Senior Advocate of Nigeria, Mr Paul Ananaba, confirmed that a respondent had 21 days to reply to an election petition.

Ananaba, who has handled a number of election petition cases, said, “The respondent has 21 days to file a response. But there is no extension of time once the respondent fails to file a reply.

“The registry of an election petitions tribunal opens on Saturdays and Sundays; so, there is no excuse for anyone not to meet the time limit.”

Asked what the implication of non-filing of a reply within time, the SAN said, “It simply means the respondent has no defence.”

There are now four petitions challenging APC’s victory at the presidential poll.

All necessary papers would need to be exchanged between parties to a particular petition before hearing could begin in respect of the petition.

Another lawyer, Mr Tunde Falola, said, “A respondent, who does not file his reply to the petition within time has no defence to the petition and he would be deemed to have accepted those allegations contained in the petition.”

He also confirmed that Paragraph 10(2) of the Electoral Act provides for 21 days for a respondent who does not file a memorandum of appearance, to file a reply to the petition.

According to him, non-filing of a memorandum of appearance implies that the respondent “intends to dispute or challenge the jurisdiction of the tribunal to hear the petition in the first place.”


https://punchng.com/atikus-petition-inec-apc-face-thursday-deadline-to-respond/

maasoap:
This case was the fallout of their primary election. It different from that of last week. He has another one with the FG concerning 2017 WAEC impersonation. The man is a mess.

APC just languishing in sifiaaaaa pain

maasoap:
No, you're wrong. The appeal court didn't say Adeleke was educated up to the secondary school certificate. This is what the appeal court said below. Read it and tell us where they mentioned his education or certificate. The judge or judges played safely.

so explin LOcus standing,

gbenu soun jare

deomelo:
Pesin wey still dey go jail for forgery and violation of electoral laws..

Nothing worse in life than when people rub salt on top your injury with false hope, just life athIefkULOOTER running to court while the rest of the world don move on.

Go and send him to jail naaaa, radarada

Johnnyessence:
you better go and take tramadol to cure your pains.

Ba da ogbeni yen loun jare.

Code lo n lo.

He knows nowhere

GavelSlam:
If Adeleke is not careful he would end up a convict.

E be like say that school way e no go no let am get sense.

Convict him naaaaa


Yanman yanman

buhariguy:
maybe in 2039,
before then, f9 adeleke Will be dead from hypertension he will experience at the apeal court and supreme court

Tell APC to go and appeal this at supreme court

buhariguy:
i know osun but not ede, maybe you are among those from ede eating f9 adeleke money.
in that case, this is the beginning of your cifia pain.

Wa bi gba l arakunrin yi,

buhariguy:
because it Will be a waste of time and his money.

Go and Sleep

Neoteny:
We've already retired everything you hold dear:

Your Atiku
Your PDP
Your Dubai Plan
Your Saraki
Your Kwankwaso

Your suspended CJI is already semi-retired...

Sorry ghen

2015 Adamawa is APC

2019 can you say who is in charge now after election

2015 how many states PDP

2019 how many state now


2015 APC had a Spread to All Zones in Nigeria

2019 APC had been reduced to A regional Party By PDP yet you retire PDP

Some people must be sad on the money they spend on you

Afamed:
Kiss the truth, your leader isn't getting millions of dollars this time around from the Electoral judgment. No cash and carry Judgement this time around

Certified lazy BMC isn't that the case.

Running around with rumour


From he has 55 houses

Billions of dollar's


Now yo this again

Una no dey shame for this una certified lazy BMC lies

OAUTemitayo:
Nonsense report.
He will be unceremoniously retired.

Go and retaya him naaa.


Certified lazy BMC

Afamed:
I don't exchange Banters with kids. Next time, be decent in your choice of words

Certified lazy BMC

Afamed:
Keep quiet, chief wailing wailer. You can't know more than the people that recommended his sack

Reccomend his sack you say

By who?

APC The nation news paper NJC chapter ago.

Afamed:
Clever by half, having billion dollar in the account is not the problem, the problem becomes what's the source of the billion in your account. The problem becomes why did the ex CJN refuse to declare such money in his account. Osinbajo didn't hide the money in his account when he became the vp. The problem we are having in the country is majorly from people like you. You are here defending the Ex CJN with million of undeclared dollar in his account of which what you will eat this money is yet to be known to you. Lazy youth, to you Osinbajo was a mere commissioner. Perhaps. you didn't know Osinbajo was a senior Lecturer at University of Lagos for many years, Lazy youth, you didn't know Osinbajo was a practicing lawyer for many years which earned him the SAN. PMB was right to refer to you as Lazy youth

You must have been a certified lazy Youth for not using your given brain to verify News before running around with fake assumptions

SarkinYarki:
Have you been following the case at all ?

Am not sure he has.

APC people just spinning out figures anyhow abiut

Afamed:
Clever by half, having billion dollar in the account is not the problem, the problem becomes what's the source of the billion in your account. The problem becomes why did the ex CJN refuse to declare such money in his account. Osinbajo didn't hide the money in his account when he became the vp. The problem we are having in the country is majorly from people like you. You are here defending the Ex CJN with million of undeclared dollar in his account of which what you will eat this money is yet to be known to you. Lazy youth, to you Osinbajo was a mere commissioner. Perhaps. you didn't know Osinbajo was a senior Lecturer at University of Lagos for many years, Lazy youth, you didn't know Osinbajo was a practicing lawyer for many years which earned him the SAN. PMB was right to refer to you as Lazy youth

Do you ever read his reply

The nation newspaper thrash as usual.

From55 houses

Billions of dollar's

To this


Tueeeeee

NJC Meeting On Onnoghen, Muhammad Ends In Deadlock

The National Judicial Council (NJC) has decided on the report of the five-man committee it set up to investigate petitions against the suspended Chief Justice of Nigeria, Justice Walter Onnoghen, and the acting CJN, Justice Tanko Muhammad, CFR.

The NJC took the decision in an emergency meeting held on Wednesday.


But sources within the NJC said its meeting ended in deadlock as they could not decide appropriately on the suspended Chief Justice of Nigeria.

The source said they expect Onnoghen to resign on his own, noting that even if he was found guilty it will be a herculean task removing him because the Federal Government will need two-thirds of the Senate to do that.

“And as you know that will be difficult with the present Senate as constituted”, he said, noting that the government may be packaging a retire stunt for him.

A statement by Soji Oye, Director, Information, NJC, said, “Council decided that the allegations relating to assets declaration that were levelled against Hon. Mr. Justice W. S. N. Onnoghen, GCON, were sub judice and, therefore abstained from considering them.

“Council reached a decision on the petitions written by the Economic and Financial Crimes Commission (EFCC) and others and conveyed its decision to President Muhammadu Buhari, GCFR.

“Council also resolved that, by the nature of the decision reached, it would be inappropriate to publicise it before conveying it to Mr. President.”

Lawyers on Wednesday hailed the National Judicial Council (NJC) for reaching a timely decision on the petitions brought against suspended Chief Justice Walter Nkanu Onnoghen, saying, however, that they are optimistic that the embattled jurist will be vindicated at the end.

Speaking exclusively with Daily Independent following NJC’s Wednesday submission of its finding to President Muhammadu Buhari, the lawyers said that the charge against Onnoghen stands on rather tentative footing.

According to Dr. Simeon Igbinedion, Sub-Dean, Faculty of Law, University of Lagos, and an International Criminal Law expert, Onnoghen’s removal was not bona fide, hence it is a non-starter.

He said, “I do not have all the facts of the case in regard to Justice Walter Onnoghen. But I am aware that the case brought by the Federal Government against him at the Code of Conduct Tribunal (CCT) constitutes mutated mutandis, the facts in the petition lodged against him before the National Judicial Council (NJC).

“If you have been following, as I have, media reports of what have been happening at the CCT, you will discover that the Federal Government could hardly maintain with evidence the charge they brought against the CJN.

“It is also the same facts mutatis mutandis that the EFCC brought, couching it however in the language of criminal law, against him before the NJC.

“The Chief Justice has denied all the charge. At the risk of sounding subjudice, I will hazard that the case against Onnoghen will fall flat.


“I believe this is so, because the charge is not bona fide. It is politically motivated.

“You will observe that the government scarcely did any serious preliminary investigation before moving against the man. It was while the trial was ongoing that they began shopping for evidence to nail him.

“Whether they will succeed at this looks to me as farfetched.”

Speaking in a similar tenor, Lagos-based legal practitioner, Mr. Olusina Fasugba, argued that the CJN’s removal was politically motivated and hence the charge against him might likely go to nothing.

According to him, “The Chief Justice of Nigeria was suspended under very controversial circumstances. The whole thing has ‘K-leg’.

“As far as I am concerned the claim that the action was politically motivated is not an idle one, if you’ve been following fall-outs of the recent cycle of elections.

“So, I feel the government hurriedly removed the CJN and only to go to town looking for evidence to justify their action.

“The charge against Onnoghen is standing on a weak foundation. The National Judicial Council or indeed the CCT can only act based on evidence.

“The question remains: does the Federal Government have solid evidence to maintain their charge against Onnoghen?

“I doubt it, from the look of things. Well, let’s wait and see.”

In a similar development, embattled Chief Justice of Nigeria, Justice Walter Onnoghen, will on April 15 know when a verdict will be given in his ongoing trial at the Code of Conduct Tribunal (CCT).

Onnoghen is being prosecuted by the Federal Government on a six-count charge of false and non-declaration of assets.

The development was sequel to the sudden closure of his case at the tribunal by his lawyer.

Having closed his case after calling one witness, Onnoghen’s counsel, at Wednesday’s proceeding, Chris Uche (SAN), informed the CCT Chairman, Danladi Umar, of the defendant’s intention not to call another witness.

In view of the development, the tribunal has given the prosecution and defence counsel three days each to file their final written addresses.

The tribunal further directed that the addresses would be finally adopted on April 15, after which the judgment date would be fixed.

The prosecution counsel, Aliyu Umar (SAN), had earlier closed his case after calling three witnesses.

It would be recalled that the lead defence counsel, Adegboyega Awomolo (SAN), had indicated on Monday that he would be calling “two or three witnesses,” to prove Onnoghen’s innocence.

More so, Onnoghen’s lawyer had, on Monday, applied for and caused the CCT chairman to issue a subpoena to be served on an officer of the Code of Conduct Bureau, Mrs. Theresa Nwafor.

Mrs. Nwafor was to appear on Wednesday to testify as the second defence witness before Uche announced closure of Onnoghen’s case.

Uche did not ascertain whether or not Nwafor was in court.

“My lords, today is for continuation of trial. But my lords, after a deep review of the evidence led by the prosecution and the defence, the defence has come to conclusion and we have closed our case.

“Pursuant to paragraph 14 of the Practice Direction of this honourable tribunal, we apply to file our final written addresses,” Uche said.

Reacting, the prosecuting counsel informed the tribunal that Uche had given him prior knowledge to close the defence case on Wednesday.

He urged the tribunal to use its discretion to allot time for the filing of final addresses by the parties.

https://www.independent.ng/njc-meeting-on-onnoghen-muhammad-ends-in-deadlock/

Ratello:
Goner indeed!

You dey mind those mofos

Bighead9:
I'm proud of Amaechi and Buratai, they are both my Heroes from today.
It doesn't matter how you kill your enemy, provided you succeeded in.killing him by the end of the day.

So the killer is now the one been demisified

Afamed:
Jonnyessense and Engineerboat come and defend your paymaster.

Ta lo gunyan fun he to ni tobe o soro

dante0147:
All I see on here are desperate Nit wits who don’t know this are just allegations ... Just like the Millions of dollars accusation and 55 houses which later turned out other wise !! Efcc and their Media Trial never seize to amaze me Lol... THE MORE FOOLISH ONES ARE THE ONES COMMENTING RUBBISH TRYING TO SUPPORT TYRANNY! I AM NOT SUPRISRD BY THEM BECAUSE ONCE THIS SLLEGATION IS PROVED OTHERWISE YOU WONT SEE THEM COMMENTING.. Awon buhari media campaign werey!

You they mind them

See how Onnoghen finish them here

https://www.thecable.ng/exclusive-i-never-took-a-bribe-onnoghen-defends-himself-before-njc-full-text/amp

omogidi234:
What has EFCC got to do with asset declaration? If he has committed any crime, let them take necessary steps and prosecute him, they don't have any business with assets declaration!

I wonder hooo.

See how Onnoghen finish EFCC here

https://www.thecable.ng/exclusive-i-never-took-a-bribe-onnoghen-defends-himself-before-njc-full-text/amp

garfield1:
Guy,the efcc evidence and investigations are watertight.they have really commented onnoghen.he will be fined guilty.up buhari

Am not sure you've gone though this.

Go through it.

It will quench your ignorance

https://www.thecable.ng/exclusive-i-never-took-a-bribe-onnoghen-defends-himself-before-njc-full-text/amp

babyfaceafrica:
super story

Small children everywhere