Bravo
A welldone job



There is equally an outstanding case at SC on his candidature.
check my signature for free stuffs!



On the questionable candidacy of Gbadebo Rhodes-Vivour.

AUTHOR:

Guest Author
MARCH 6, 2023 12:10 PM
BY ADESOJI OLUWO

The main issues that are currently trending amongst us lawyers include whether or not the Labour Party candidate is qualified to contest the forthcoming gubernatorial election and whether the questions of qualification of a candidate are both pre- and post-primaries issues.

This legal conundrum has suffered several commentaries from lawyers and political analysts. This intervention is to interrogate the legal issues involving the qualifications of candidates; compliance of the political party to the Electoral Act and its party constitution and guidelines in the nomination of candidates and presentation of forged/false documents to the INEC.

In answering questions of qualification of a candidate to contest election, we need to discuss the roles of Independent National Electoral Commission (INEC) in monitoring political parties. It is the law under section 29 (3) of the Electoral Act that once INEC publishes the names of candidates nominated by the political parties in accordance with section 84 of the Electoral Act; such publication is presumed correct and authentic.

The doctrine of presumption of regularity and correctness ensure in favour of INEC under Section 168 of the Evidence Act. See the case of CPC V. INEC (2011) LPELR – 8257 (SC). However, given that the presumption is rebuttable, any aspirant who participated in the primaries of such political party who has reasonable grounds that information submitted by the candidate is false, may file a suit at the Federal High Court within time frame to challenge the candidature of such person. This is done at pre-election stage.

Moreso, a candidate or political party who participated in an election where a candidate of another political party was elected may question the result announced by INEC by way of a petition at the tribunal or court under Sections 133 and 134 of the Electoral Act, 2022. This is done at post-election stage.

The question that may follow is: what are the grounds upon which the conduct and/or outcome of an election may be questioned by an aggrieved party? Section 134 (1) of the Electoral Act, 2022 provides as follows: (1) An election may be questioned on any of the following grounds: (a) A person whose election is questioned was, at the time of the election, not qualified to contest the election; (b) The election was invalid by reason of corrupt practices and non-compliance with the provisions of this Act; or (c) The respondent was not duly elected by the majority of the lawful votes cast at the election.

For emphasis, any election petition presented outside the above grounds will be considered incompetent in law. See OGBORU V IBORI (2004) 7 NWLR (PT. 871) 192 @ 223-224.

Our focus is on non-qualification of a candidate to contest election as a ground for petition. It is trite that the return of a candidate as a winner of a given election can be questioned or challenged on the ground that he was at the time of the election not qualified to contest. As decided by the Supreme Court of Nigeria in the legion of cases, qualification in this context refers exclusively to the qualification to contest an election under the 1999 Constitution of the Federal Republic of Nigeria, as amended. This excludes other qualification criteria set by other enabling laws like the Electoral Act. It must relate exclusively to the constitutional grounds for disqualification.

The qualification criteria of a candidate for election to the office of Governor of a State are contained in Sections 177 and 182 of the 1999 Constitution. Where it is satisfactorily proven to the Tribunal or Court that the winner of an election is not qualified to contest, the implication is that the candidate who came second will be declared the winner.

By the provisions of Section 77 (2) & (3) of the Electoral Act 2022, every registered political party (Labour Party inclusive) shall maintain a register of its members in both hard and soft copy and that such a register shall be made available to the Independent National Electoral Commission (INEC) not later than 30 days before the date fixed for the party primaries, congress or convention.

It is clear from the provisions of Section 177 (1) (c) of the constitution of the Federal Republic of Nigeria 1999 as amended, that a person shall be qualified for election to the office of Governor of a state if (c) he is a member of a political party …’

As at the time the register of members of Labour Party was submitted to the INEC, Mr. Gbadebo Rhodes-Vivour, Labour Party candidate for Lagos State was not a member of the LP. Indeed, he was a member of the Peoples Democratic Party (PDP) where he obtained nomination form, attended screening to contest for PDP Gubernatorial ticket which was later won by Jandor.

On the 19th June, 2022, Mr. Gbadebo Rhodes-Vivour formally applied for deputy governor candidacy to the PDP flag bearer, Jandor, but his application was refused by the PDP Deputy Gubernatorial Candidate Screening Committee (DGSC) Abuja. In the committee’s words …”Gbadebo Rhodes- Vivour as the Lagos State Deputy Governorship candidate portends danger for the PDP due to the fact of presentation of conflicting information on oaths to the INEC in his previous Senatorial election and to the party which are potent grounds for disqualification as enshrined in Section 182 (1) (j) of the constitution of the Federal Republic of Nigeria, 1999 as amended”

The Labour Party governorship primary election was conducted and Mr. Ifagbami Awamaridi emerged as its candidate. Having won the primaries, Mr. Awamaridi’s name and particulars were forwarded to the INEC by Labour Party. However, Mr. Gbadebo Rhodes-Vivour joined the party in July 2022 and on 10th August 2022 he was named LP candidate while Awamaridi’s name was wrongfully substituted. This case is currently in court (Supreme court) and if we all know the principality called Lagos APC godfather, this is landmine that must be avoided. Don’t be shocked when Supreme Court will announce that Labour Party has no candidate in Lagos base on the aforementioned.

From the foregoing, it is my candid opinion that by the community reading of provisions of constitution of the Federal Republic of Nigeria 1999 as amended; the Electoral Act 2022 & INEC Guidelines and Party Constitution; votes for Mr. Gbadebo Rhodes-Vivour of Labour Party in Lagos State would become wasted votes as he is not qualified to contest this election. It’s not just enough to blindly ride on the wave created by Mr Peter Obi’s Feb. 25th Election and waste this golden opportunity of rescuing Lagos.

Let’s be wise and choose a better alternative with no constitutional land mines.

Oluwo, legal practitioner and notary public, writes from Ikeja

https://www.thecable.ng/on-the-questionable-candidacy-of-gbadebo-rhodes-vivour/amp

[/quote]

Na apc
Na apc
Y not do your proper findings b4 exposing your ignoramus nature to the world, the video is everywhere, she call the name of the person that gave her the work and where they are taking it to.

Can we just pls commend this good work first, Buhari know about it and still send Tompolo to expose the act?, Ha!, Put hatred, sentiment aside pls, we all remember how some big wigs in oil and gas industry fought that same Buhari for this same contract. God bless Nigeria

ZeroAccess:
Atleast Peter Obi have been vindicated about saying govt is the main oil theft and not common man as they claimed.

Just imagine a security check point is just right before the illegal connection and you say the people in high level of govt is not involved.

The worst of it is that shell reported this incident from there show room when it was connected and govt kept mute.

Only a fool will say buhari is not aware of this connection. Remember buhari is the minister of petroleum

Vote wisely!! This is our only chance, if we miss it is aft 8yrs we can have another one.

EOD#

floss:

You should have passed instead of displaying your stupidity

Stop this hate pls, you can Obi-diently pass also of you are truly democrat. Must you bully people with different perspective?, Ha, wahala wa oo

God bless Nigeria

Hmn, I am Obi-diently atiku-lating support for Asiwaju, simple.

Vote your candidate make I vote my own, simple, ha

God bless Nigeria

Coregists:
No part of the country is safe... People will still call Buhari when everyone in Nigeria have lost touch with humanity, you look at another human being and kill him, wipe away a family, put a whole system on chaos and everyone will come online to call Buhari.... A human being have become heartless towards another, Oya everyone should continue calling Buhari without putting into consideration, self-reflection, it will get to everyone including me.

God bless you

Prof. F. Idachaba lecture theatre

ZendayaColeman:
Dangana boys hostel

Inikpi girls hostel

PAAU, formerly KSU

ZendayaColeman:
Dangana boys hostel

Inikpi girls hostel

Kogi State University (KSU)

You read this at all?
author=Vickym1post=108711730]LaiMuhammad should coman debunk this rumour and tell us the real amount...


This govt came to finish Nigeria and if there will be Nigeria on 2022 if they continue like this cos China will take over Nigeria cos of debt... [/quote]

Hmmmm
2016

He further highlighted some of the consequences of corruption, which he said could be devastating.

Malpass said, “The negative impacts of corruption on lives and livelihoods are well known. Corruption diverts scarce development dollars from the people who need them most and corrodes the systems and services that are integral for reducing extreme poverty.

“Entrenched corruption also comes with greater economic costs for countries, as it distorts public expenditures and leads to inefficient allocations of financing away from productive investments toward rent-seeking activities. And corruption increases the costs of doing business and deters foreign investors from entering new markets.

“As the world moves toward recovering from the pandemic’s damaging impacts, these costs can also restrict the private sector, which plays an important role in revitalizing economic growth and development in our client countries,” he added.


Can good patriotic non sentimental Nigerians now see clearly the cause of Nigeria present economy woes?, can we from this points above see our amiable saboteurs?

Well, I wish we can put our differences aside and fight the right fight.
God bless Nigeria.

9jvirgin:
90% of the revenue generated in Lagos has been stolen and invested in Lekki, Victoria Island and Banana Island. This is why Lagos can never be prosperous.

You know nothing but hatred for no reason Sir.
Check monthly remittance of Lagos state to Federal govt pls, then compare it with what they get back from FAAC.
That is why I support Rivers stand on VAT issue.

FalseProphet1:
I see buhari welcoming the Zambia military into Nigeria, I see him sending them to the south east rather than the north, I see hopeless Uzodinjo welcoming them into imo state, I see the Zambia military and IPOB in a serious battle, I see IPOB coming out triumphantly, I see them running back to Zambia, I see Boko Haram invading Abuja, I see Nigeria dividing.

This I have seen.

Thank God for your name, it has answered it all.
God bless Nigeria

Bad bad bad

Hismasterpiece:
Hello.

Recently i have been hearing about the dollar going up in value.

And this has brought about a hike in the prices of commodities in the market and has also brought about a hike in the cost of living of the average Nigerian.

So things are tough in the country now because of this dollar phenomenon

So i would like to know what determines the value of a country's currency and why the Nigerian Naira appears to constantly reducing in value while that of America keeps going higher and higher.

Anybody with meaningful information is welcome. Thanks.

UAE produce virtually everything they use, thereby reducing their level of importation compare to exportation.
Here, productivity is the key, Nigeria is a consuming country, we don't produce, yes, we don't produce.

UAE produce virtually everything they use, thereby reducing their level of importation compare to exportation.
Here, productivity is the key, Nigeria is a consuming country, we don't produce, yes, we don't produce.

so the reason for our currency devaluation is because we don't export anything besides oil? But what about UAE? Isn't it the money they make from oil that's the reason their country is the way it is?[/quote]

Well cooked (half water half indomie) Indomie with Eba/Apu/Amala

Ha
Falana truly disappoint Gani Fawehinmi (of blessed memory)

[quote author=Alejoas post=100399367]This is the real meaning of echoke! there is cool money in entertainment but majority of those who go in for the chase fall by the way side.

Pls, read again, it is April fool house o, she no buy the house for real o

Thank god, I am vindicated, this guy is a joker, he's only playing politics, just because he felt betrayed, simple

5

[quote author=Beremx post=99359845]Lagos-Badagry-Seme? They should put the toll gate at Iyana Iba. The road is very beautiful.

Over beautiful
From Barracks-Okoafo
Lol

Hmmn
Charity they said begins at home
@least, they remember their home today
Lol

Me, I am not surprise though, what do you expect, I AM WATCHING IN 3D

Me o, I still believe in this administration, haters can go to hell and politicise the life of their innocent Nigerians by killing all in the name of herdsmen, all I know is Nigeria will be great again.
God bless Nigeria

I declare divine favor upon you, before the end of this month, you will testify. Father Lord, pls, answer her first.

Am saying it again, major development are from state Governors, they are the most useless, selfish and criminal elements we have in Nigeria, despite all the allocations, 13% derivative, taxes, and so on, see schools, shioor

very correct, the number of educated illiterate is too high in Nigeria, those that suppose to be informed have been deformed already.
I don't celebrate fake,
with PMB I stand.

Thanks to Nairaland, I for fall victim today, God punish you scammers.
Your days are numbered.

[quote author=kaorama post=63576541]So all Nigerians should start going to Ejigbo or whatever you call it to go and buy fuel, abi? The try to divert our attention when Nigerians are groaning in pains. What a disastrous government.

Go back and read very well pls, speaking is the Chairman Lagos IPMAN chapter, not National, he can only speak for Lagos, and that is what he just did.

You have point.
"Pastors who God has blessed should be a blessing to poor pastors"