₦airaland Forum

Ojuntana:
Just hear yourself. So APC's candidate was disqualified but it does not affect APC. Are you even aware that the primary that produced Uzodinma is different from the one that produced Nwosu and both held the same day. The court did not cancel the primary. They disqualified the winner which means APC could either forward the name of the one who came second or organise new primaries. So explain how Uzodinma became a valid candidate through an invalid primary

What ignorance and stupidity.Oga kuku,allow those who know more than you educate.they were two primaries but the nwc committee led by late Ahmed gulak supervised and recognised the one done by hope's faction.. besides,hope faction already won the congress and controlled the delegates therefore his primary was the legal one.nwosu went to court and got an order recognising him and hope also got a court order but hope name was forwarded and nwosu defected.the matter ended there legally.
In the app vs nwosu matter,the apex court was presented with the judgment favouring nwosu,they didn't see the other judgment.their remark was to the extent of the case,to show that he had dual nomination.

humberjade:
Yes we shouldn't, but these things happen, you know, remember Liverpool were held to a 1-1 draw at the same stadium. But conceding 3 against Luton isn't good enough, but the response is what i am happy about.

As for Yayi, I hope and pray he wins it, but then, 2027 is still a long way out, 24 hours is a long time in politics, how much more 38 months. Let's pray there is still a country or even democracy by then. Because my brother, if the economy keeps sliding downwards, anything come happen. So 🤞

No matter what,tinubu is getting a second term and you know yayi is his loyal boy in ogun

humberjade:
We are the gunners!!!!!

Yes but we shouldn't be conceding to Luton.
Sen yayi is your next governor

thatigboman:
4-3. God bless Arsenal, the best team in Europe.

We conceded useless goals

Ojuntana:
Keep quiet
Nwosu withdrew how case at the supreme Court and he was ruled disqualified by the court based on his double nomination

Your the one to keep quiet and listen son.the case that disqualified nwosu was between app and AA,it never concerned apc or uzodinma so whatever judgment emanated from there has no effect on apc.it was a judgment in personam affecting only nwosu.whatever statement touches apc is more or less an orbiter or an aside

Bobloco:
But it's true that Tinubu ran the most religiously divisive campaign ever witnessed in the history of this country.

Tinubu chose a demonic same faith ticket in a religiously diverse country like ours, even went as far as hiring fake pastors and clergymen to give a false impression that the christian congregation/community endorsed his demonic same faith ticket

That's the length a notorious narcotics drug trafficker who is now engaging in criminal state capture can go to snatch, run away and grab power

Funny.tinubu had no religious intention,didn't appeal to any mosque or church or make religious statements.obi went directly to churches,visited programmes,brought religious sentiments and spoke at such events.he turned himself to a xtian candidate.after he lost election,he disappeared from religious houses.even when he was governor,he concentrated on Catholics and marginalized others.he is a religious bigot

Bobloco:
Even you garfield1 follow the spread this propaganda

I expect you to be much more reasonable bro

You said tinubu ran a religious campaign and I am proving to you that obi is the one that ran a religious campaign

Bobloco:
It's on record that Tinubu ran the most religiously and ethnically divisive emilokan campaign ever witnessed in the history of this country

You mean Peter obi that was heard on audio igniting religious war and going from religious house to house

mrksquare:
Why is it that all the governors that SGF, senator George Akume has installed in Benue always rebel against him?

Firs it was Gabriel Suswam, then the very incompetent buffoon, Samuel Ortom, now the gentleman priest, Gov. Alia.

I bet he thought Gov. Alia will be an exception given that he is a clergy.

Ask wike.its normal, even fashola rebelled

SamuelAnyawu:
This Dude wey people just love for street should a kid political war.

This is his first getting into National Politics..

Calm down Philip, Calm down oh no enter Kilometre 4 palava

You should still be mourning the death of Alabama

Who is alabama

Nokio2:
Supreme court should tidy up the case this December,it's even good most people come home for Christmas but not election, from now we go plan Christmas and election join..Ga Nentawe...
I just pity the ypp speaker being used by structureless PDP
When PDP is out he will be left alone with 23 APC members.. From speaker to house committee chairman on Pankshin Monday market

Lol.how did he even win under ypp?

VULCAN:
I can understand the fine but not such a huge amount.

A subliminal message is being sent to all lawyers not to challenge APCs doing.

We are quickly moving towards One Party State

The message is that parties should stop bringing frivolous and foolish suits

Ojuntana:
Wait are you saying SC did not recognize anyone as APC candidate

I am saying that the case of who is apc candidate was never before sc

Lukepeter:
He post relevant content.

Undoubtedly true

fergie001:

https://www.youtube.com/watch?v=n8W93ETTpHI

A follow-up to this thread.



Agada, through the State Publicity Secretary alerted Nigerians of a rumoured sponsored protest against Senate President Akpabio, Akume and President Bola Tinubu.

The State Chapter of the APC fingered the State Government as those behind the protest.

Are you an admin? All your posts instantly get to fp with alacrity

Caseless:
See, let's be realistic. Yahaya deployed crass method to rig the election like he did in 2019, it was easy because there was no BVAS and people of the East wanted central to complete their 8 years, and he unleashed some of their people in government against them and it was easier. This time around, it was a different reality.

He never thought the SDP guy would poll that much true votes without structure like he did, that got him mad and he's been fighting his own party members from the state, especially those from Kogi east. If he truly fielded a popular candidate and his candidate truly won, what is he scared of?

On your cross appeal, if they do that, they'd be digging more holes for themselves. Of course, his real votes would stand and their manufactured figures would be depleted based on court deductions.

Remember, INEC acknowledged their complaints on those LGs and did nothing to correct that, it further gave SDP more grounds. INEC rejected 84k votes of Sylva in Bayelsa due to BVAS bypass - the court would ask them to explain why that wasn't the case in Kogi.

I think, the SDP guy has sympathizers in the system and they're working for him. He tricked them to believe he's not going to court, then they let down their guard and he used those few days to gather a lot of details they forgot to hide, and "kaboom!", they saw him changing his mind. That got them attacking everything he lays his hands on.

From my calculations,ododo actually won if you minus the overvoting from all areas

A simple reading and comparison of Kano and plateau judgments will reveal that that of plateau is even more tighter.i am afraid muftwang will go compared to Abba kabir

The verdicts of Election Petitions Tribunals and the Courts of Appeal on the Plateau State Governorship election, have continued to attract various comments. Though, I am a layman, I would join the fray in giving my perspective on the judgment. First of all, it is important to seperate emotions and partisanship as one looks into the rulings. This is important because many of the negative commentaries that have followed the verdicts of the courts have either been borne out of ignorance, partisanship or in some cases, both.


In recent times, the Nigerian Judiciary has been the most insulted institution in Nigeria, simply for the fact that it does not pander to the sentiments, especially, of bad losers. It is important to note that election is a process and a defect in any of the processes, renders the outcome of the secondary election, a nullity no matter how well conducted it might otherwise be regarded.

The process inter alia, includes Registration of Political Parties, Congresses to elect EXCO for the Party at all levels, Conduct of Primary Elections and Qualification of both the Political Party to sponsor candidates and that of the Candidates to contest an Election. All these processes are regulated by Law and must be adhered to, stricto senso. The Court is the last part of the Electoral Process.

The duty of judges on the Election Tribunals is to determine whether an election was done in substantial compliance with the provisions of the Electoral Act. The question is, was substantial justice done by the Court of Appeal in the Plateau State Governorship Petition? I would, from my layman’s reading of the judgment, answer in the affirmative.

In my opinion, the genesis of the PDP’s problems in Plateau State arose from the infighting between two factions of the Party, one led by former Governor Jonah Jang and the other loyal to General Jeremiah Useini who was its Governorship candidate in the 2019 General elections.

In the case of Dr. Nentawe Yilwatda Goshwe v. Barr. Caleb Mutfwang (2023) several issues were formulated for determination by counsel on both sides.


While ground one of the Petitioner’s claims centered on sponsorship and qualification. It has argued the non-qualification of the PDP candidate on the ground that he was not validly sponsored by his Party, the PDP’s counter-claims hinged on the issue of jurisdiction, with the argument that the APC’s Petition is a pre-election matter, hence it cannot be heard.

A three-member panel of learned jurists, chaired by E.O. Williams-Dawodu, JCA comprising O. Abang, JCA and Waziri, JCA sat on the appeal. After meticulous findings, they passed a resounding verdict, annulling the election of Governor Caleb Mutfwang on ground of non-qualification and invalid sponsorship.

From my understanding of the position of the law on the issue of qualification of a candidate, section 134(3) of the Electoral Act 2022 has obviously settled the matter. It provides that a person is deemed to be qualified for an elective office and his election cannot be questioned on ground of non-qualification if, concerning the particular election in question, he meets the applicable requirements of sections 65, 100, 131 and 177 of the Constitution. The implication here is that where a petitioner satisfactorily proves before the Tribunal that the winner of the election is not qualified to contest the election, therefore, the candidate who came second will have to be declared winner of the election.

On the question of jurisdiction on account of the petition being a pre-election matter as argued by the PDP, the Court of Appeal overulled the respondents and held that the issue of sponsorship and qualification is both a pre-election and post-election matter. Reference was made to Court of Appeal’s decision in Alkalii v. Agah (2022) and other judicial authorities. The Court of Appeal would always maintain consistency and cannot be seen to be overuling itself, except in exceptional cases.

Some critics of the recent Court of Appeal’s judgment on the Plateau State Governorship petition tend to argue that disobedience to Court order is not one of the grounds for disqualification as provided for in section 177 of the Constitution. This is not so. The Court of Appeal duly applied the law, simpliciter. Section 177(c) provides that “a person shall be qualified for election to the office of Governor of a State if he is a member of a political party and is sponsored by that political party”.

In the instant case, the Court held that the judgment of the Plateau State High Court which the PDP disobeyed is judgment in rem hence as a result of the refusal to comply with the order to conduct proper congresses the PDP does not exist on the eyes of the law. The Court held that”disobedience to court orders is not an internal affair of the Party. The judgment was in rem and compliance must be total and not partial. Effect of non-compliance is like an earthquake. Parties must obey the rule of law and not the rule of might”.

The Appeal Court thus adopted the legal principle in Macfoy v. UAC (1961) All ER 1169 where Lord Denning held that “You cannot put something on nothing, and expect it to stand there; it will collapse” in deciding that because the PDP lacks a valid structure, any candidate that stands on its platform, is not qualified to contest”. This is a case law that would further enrich the contents of the Constitution and the Electoral Act which are part of our electoral jurisprudence.

Recall that the PDP having been dissatisfied with the outcome of the decision of the Tribunal, appealed to the Court of Appeal and the Court of Appeal among other things held in pages 47-48 of the Judgement as follows:

“From the Record, it is evident that the Appellant started its electoral process on a faulty ground by allowing the disbanded leadership to carry on the business of the Party. (See exhibit 1 at page 160 of the Record). By this conduct, there was no legal foundation upon which the electoral process would stand. In other words, the whole electoral exercise being conducted by the Appellant was a nullity in view of the judgement of the High Court in suit No PLD /J304/2020… The Respondent was right to have declined these invitation to observe the Appellant’s electoral process. In addition, the Appellant failed to apply the relevant provisions of sections 223(1) a of the constitution, 85(3) of the electoral Act, 2010 (as amended), Article 49(1) of the PDP constitution and paragraphs 5.2-5.5 of the Guidelines for conduct of ward, local Government area, state, zonal congresses and the national convention of the PDP. Rather, it resorted to the use of section 29(2) of its constitution which was not contemplated by Relief 4 granted in Exhibit H.

It goes without saying that the Appellant was in disobedience to the order of the High Court in exhibit ‘’H’’ which was/ is subsisting at the time of the action by the Appellant at the lower court. It is trite that orders of courts are meant to be obeyed… in this issue, I am of the firm view that the Appellant was the architect of its own misfortune. It cannot be heard to complain by way of this appeal. This appeal therefore lacks merit and same is hereby dismissed.’’

This is not the first time that a Governor has been removed by the Tribunal. It happened in Edo, Rivers, Bayelsa, Zamfara and Imo States at various times. As it stands now, Governor Caleb Mutfwang would be appealing to the Supreme Court. It is a fact that for the apex Court, the most important consideration is the interest of justice, and indeed, justice would be served. The judicial opinion of the Supreme Court shall be final whether correct or not, and no further force will undo it.

Without prejudicing the decision of the apex Court, Plateau State may be heading for off-cycle election alongside some few other States. This is not an aberration but rather a fallout of a flawed electoral process being corrected by the Courts and Tribunals.

Conclusion
To say that the Judiciary is part of the electoral process is an understatement. It started from 1979 till date. What some commentators often refer to as judicial interference in the electoral process is not a disruption but a necessary intervention for the health and sanctity of our democracy.


In view of the foregoing, exemption of election procedures and conducts by the electoral umpire from judicial scrutiny would amount to subversion of democratic norms.

Rather than try to blackmail the Judiciary, it is important to note as I stated earlier, that election is a process and a defect in any of the processes, renders the outcome of the secondary election, a nullity no matter how well conducted it might otherwise be regarded.

Meanwhile, it is also worthy of note that the first political party to take advantage of the situation and judgments against the PDP in Plateau State was the PRP in whose favour the PDP’s Musa Agah was removed as Member representing Bassa/Jos North Federal Constituency by the Courts and replaced with HON. Adamu Alkali. Similarly, the Labour Party has also benefitted several positions by reason of the same judgment. One therefore wonders why the PDP prefers to blame the APC for its self-inflicted injury rather than go back and resolve its own problems as ordered by the courts.

Tanko is a public commentator and wrote from Buruku in Plateau State
https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www..com/p/3020042/plateau-election-verdict-and-judiciary-role-in-electoral-process.html&ved=2ahUKEwjNkInq6viCAxUJB8AKHQLNBlgQFnoECA0QAQ&usg=AOvVaw2c-tu5uZAp4dT8Ej82Jnl9

Mynd44
Seun
Nplfmod
Fergie001
Bobloco
Ojiofor
Asobo1
Casualobserver
Muykem
Benuejosh
Kyase
Coolgent
Tamdun
Generalpula
Madridguy
Ttalk
Svoboda

Ojuntana:
Who did the SC recognise as APC candidate?

Nobody for the apc candidacy dispute ended at the high court.the statement involving apc was an orbiter dictum

Ojuntana:
No you don't understand
What inadvertently happened was the court gave two conflicting judgements. By recognising Nwosu as the valid candidate of APC, it means APC did not have a candidate since it disqualified Nwosu.
Yet it went ahead and gave Uzodinma victory on the same APC platform.
It's that obvious anomaly Ozekhome was calling attention to

Uzodinma and apc were not a party to that suit and couldn't be affected.it was a judgment in personam not in rem.moreover,the apex court were misled as their attention was only drawn to the high court judgment for nwosu and didn't see the one validating hope.besides,the apex court later admitted their mistake for that judgment as it was filed out of time...
However,pdp should have drawn the attention of the election tribunal to that judgment like apc did in plateau or seek the leave of the apex court to it

lexyclasy:
Ozekhome was right, there is no way you will disqualify uche nwosu for double nomination in AAC and APC thereby rendering both parties without a candidate, how come Hope Uzodinma the supreme court governor to emerge from being 4th to governor of Imo State, untill Nigerian Judicial system is purge from waywardness justice system in the country will continue to be a shadow of itself, till today Amaechi case vs Omehia can never be referenced because of whack judgement. i dont know how judges slept whenever passing useless judgement of this magnitude, when you disqualify two parties for producing same candidate what did you think. and now in your judgement you claim you don't have jurisdiction to entertain the case, that is why judgement in developed world will continue to be a yard stick for you f.o.o.l.s in this country.

Uzodinma and apc were not party to the nwosu suit so couldn't have been affected.the supreme court saying nwosu has a live candidacy in apc doesn't mean he is their candidate.
Amechi vs omehia is a good judgement.amechi is the lawful candidate of pdp.he won the primaries and was unjustly replaced.in the eyes of the law,he is governor

[quote author=Caseless post=127330459]What's painful? [/quote
I just pray apc cross appeals against kogi east results

[quote author=Caseless post=127329829][/quote]That's painful

VoltageDivida:
Might sound so to you, but I know more than 5 Unical students who are die hard APC supporters.

And hundreds of others who are obidients.many apc fans voted obi,that they are apc doesn't mean they voted tinubu

Caseless:
on which petition did they grant the prayer for INEC to grant them access to electoral materials?

Exparte order.it is clearly different from filing a petition

Caseless:
😂

Let the judges decide that.

Where have you seen reasonable lawyers trying to preempt the outcome of a case before a court by holding a press conference like this? These young and hungry lawyers are shameless.

They tried to prevent the tribunal from granting the request of SDP to access electoral materials, tribunal still did.

They gave some thugs SDP shirts and Fez cap to invade INEC office to prevent this, soldiers sent them away.

They tried to get the INEC REC to frustrate them or delay in granting access to the materials like it's been done in Imo to the LP, the man didn't do it. Then they use thugs to attack him and to scare him. The inspection happened and they were able to file within the stipulated time.

Now, since the aim was to prevent them or delay them in accessing the materials to cause a delay in filing for them to win on technical ground and having lost at the field, and they can't seem to be able to defend the huge figures from those listed LGs, the prepared conference ahead of what they have set in motion had to still hold - unknown to them, SDP jumped all those obstacles and filed.

To give meaning to that meaningless press conference, they had to use lawyers and people would think since they're legal practitioners, they know what they're saying. Not knowing that these are hungry lawyers trying to "ursurp" the power of the court.

If Yahaya truly won, what's he scared of? Why are you also desperate to see that they didn't file?

We have political attachment to our parties, but we should always call for the right thing to be done.

Oga,sdp and pdp has not filed any case sir.the matter is dead.
In any case,igalas are not ruling sir,this is beyond bello.let ebiras and okun rule.enough of igalas

Matinox:


I heard that his rift with Akume began when Akume sent the name of his side chick for a ministerial appointment and the Fr Alia refused

Someone should confirm this abeg

If true, oh dear woman, you have indeed led nations to war, and turned taskmasters to slave warriors

Prof utsev is an akume boy

engineerboat:
Be calming down small small

Those press conference is based on falsehood and fallacy and it's not a true reflection of reality.

They are not even aware of current happenings at the tribunal


So i see them as Alayojuoran

Oga,sdp didn't file any petition.concentrate on your pdp

yussybenayu:
What exactly is Yahaya Bello afraid of? Go and set up your defence and stop this embarrassment. If they don't submit early, the tribunal will decide on that and not you. The protest and attack on the REC official residence was done by you to prevent Sdp from submitting the petition on time but you failed. This got to show that you have no defence.

Since they failed to file on time,the petition is dead.cc bluntcrazeman,seanfer, donphilopus, oziogu1

SmartyPants:
Language is not a true test of leadership. We must not major in the minor always!

If he values and appreciate his people,he would learn his language

Kukutenla:
Lol. Na wetin him dey chop no allow am get sense
I think that's why they put him there
They know he lacks sense

Wike is more important in pdp than Atiku

Tete draws Fulham level again