₦airaland Forum

senatordave1:
You are very senseless and useless.you ended up embarrassing yourself.the 2nd mandatory requirement of two third spread,did your green capped mentor meet it or not?

READ and show to the house your ignorance.

waiting for your calculation.

You think i am Returning officers kidnappers accomplice like you

senatordave1:
Apc will reclaim it

You always read constitution upside down

senatordave1:
Did the constitution state that the only requirement to be a winner is to have the highest votes or your just ignorant? Are you forgetting that inec are human and are not above mistakes

Declaration of result

69. In an election to the office of the President or Governor, whether or not contested and in any contested election to any other elective office, the result shall be ascertained by counting the votes cast for each candidate and subject to the provisions of sections 133, 134 and 179 of the Constitution, the candidate that receives the highest number of votes shall be declared elected by the appropriate Returning Officer.


Section 179 of the Constitution provides:
179 (1) A candidate for an election to the office of the Governor of a State shall be deemed to have been duly elected to such office where, being the only candidate nominated for the election-
a. he has a majority of YES votes over NO votes cast at the election; and


b. he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the local government areas in the State, but where the only candidate fails to be elected in accordance with this
subsection, then there shall be fresh nominations.

(2) A candidate for an election to the office of the Governor of a State shall be deemed to have been duly elected where, there being two or more
candidates-

a. he has the highest number of votes cast at the election; and

b. he has not less than one-quarter of all the votes cast in each of at least two-thirds of all the local government areas in the State.

Can you read at all

senatordave1:
When would inec cancel this poll? Its taking too long

Las las you go wail taya

senatordave1:
Inec actually wanted to declare the polls inconclusive as cancelled votes was over 40k while total margin was 29k.okorocha would still have won.let them conduct the rerun or give okorocha a return certificate

Haahahahah is that the reason why he kidnapped the Returning officer

Okoroawusa is on a long thing

seunmsg:
He denied knowledge of the posters because it’s so easy and convenient to do. What about the viral report that he paid $30,000 to a US lobbying firm to help him lobby the US government to recognize him as the legitimately elected president? Why is he not denying that one? Did Lai Mohammed and opposition figures paid the lobbyist just to discredit him?

His desperation is gradually becoming sickening. He should pursue his case in court as provided under the law and stop misbehaving all over the place.

Before you run enter market naked.


https://www.thenationonlineng.net/why-we-engage-foreign-lobbyists-media-consultants-fg/amp/

Olyroks:
If you don't know what to say, just keep quiet,why didn't he discredit the story immediately it went viral?.it's obvious there is element of truth in it.

Stop smoking weeds

seunmsg:
He denied knowledge of the posters because it’s so easy and convenient to do. What about the viral report that he paid $30,000 to a US lobbying firm to help him lobby the US government to recognize him as the legitimately elected president? Why is he not denying that one? Did Lai Mohammed and opposition figures paid the lobbyist just to discredit him?

His desperation is gradually becoming sickening. He should pursue his case in court as provided under the law and stop misbehaving all over the place.

Stop typing thrash are you the one that paid the money to him

senatordave1:
It is not good.he's worse than lawan and more pro apc and he will likely emerge as i calculate that 10 pdp will support him.30 will be suppoting goje and 10 apc.but its all lies.there's no way ndume will have more apc senators backing him than lawan or goje....

Haaahaahahahahhahahahahhahaha

Senatordave1 the dreaming boy

senatordave1:
Expect oshiomhole at nass gate with soldiers

You don come here with your ranting again.
Let him bring the soldier naaa


The thing go soon do you one kind

NgeneUkwenu:
35 Senators are backing Ndume, and you can't even name one person?

Why not name all the sin-nators supporting Lawal

senatordave1:
Go and sleep in your plastic boat.am engineer that couldn't graduate.okoro is in court blockhead.go and lock up a governor na.am sure your in a cell

See your life.

So a case in court is now subject of disturbing nairaland with your ranting.

Go and stand as a witness for okoroawusa in court.

senatordave1:
But evidence obtained from inec server is admissible? Who even talked about presenting evidence obtained under duress in court? Seems you are dreaming.please read section 75 of the electoral act and get back to me

Tell okoroawusa to go and fill his case in

1. Tribunal

2. Court

If he is sure.

Stop ranting here.

Am beginning to suspect that you're the main pointing the gun on the rerynijg officer head that day

senatordave1:
One who doesnt know the difference between a state chief security officer and a common security officer is an ignoramus.upon all your legal threads,you still are ignorant about the law.if evans can defend his case in court,is it okorocha that will not? Swerve with your pdp mentality,failed engineer

You being his co-criminal and conspirator can also follow him to the court as well.

Star security officer indeed.

State security officer kidnapping INEC returning officer.

Even when The Army and police that are empowered to do so are advising him to release the returning officer. He refused.

What criminality is that.

senatordave1:
One who doesnt know the difference between a state chief security officer and a common security officer is an ignoramus.upon all your legal threads,you still are ignorant about the law.if evans can defend his case in court,is it okorocha that will not? Swerve with your pdp mentality,failed engineer

Go and sleep.

Tell okoroawusa to file his case in court.

I will make sure he is locked up

Caseless:
I know is exercising the power it does not have. Rochas is already a senator.

Sin-ator really he will soon meet his Waterloo at the court.

Just tell okoroawusa to approach the court on this issue

senatordave1:
What a block headed fellow.why bring up issues that the law has taken care of? Nonsense fellow

Which law

That a Governor can kidnapp a Returning Officer in order to force him do his bidding.


Criminals everywhere

senatordave1:
What a block headed fellow.why bring up issues that the law has taken care of? Nonsense fellow

Defenders of criminals and and rogue

ChristianNorth:
While not file a petition at tribunal, if you are so sure.

Material evidence obtained under duress is not admissible in court. INEC withhold his certificate on the ground that he was declared winner under duress.

You dey mind that one.

The Army commanding officer that was called to come and rescue the returning officer had to retreat because Okoroawusa and his police thugs are ready to kill any body on sight.

This prompted the Army commanding officer to advise the returning officer to announce the result it out clause in self defence later.

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