₦airaland Forum

fergie001:
Just got the soft copy to read through this night!

Oga,give me the entire copy make I follow peruse.i am bored

Bari22:
It's not an error, you know no matter how much you tried to bury the truth, the truth must finally prevail. That's just what happened in Kano judgement

It is an error.what does the main body says?

vicdom:
Ahh! what kind of errors is this?
Garfield1 Fergie001

It's normal.and this judge was nominated for apex court

Maxymilliano:
Their resolutions hold no water as it stand.

Why

Abagworo:
Meaning the fight is still on. Let's keep watching the movie

No fight.wike won

BluntCrazeMan:
Who is supposed to petition an election?

Only the person that came second??

Show me where it is in the Electoral-Act..
Show me where the Act specified the parties who are supposed to petition an election.

You are right but pdp petitioning will not receive much attention or verve.on what grounds is he petitioning? Melaye will be frustrated from all corners.

SweetVibe:
I don't think so, He was the only PDP politian that survive defeat in Benue State.
APC cleared everywhere, Daniel Onjeh has lost his goodwill.

No,onjeh almost won a whole David mark in 2019.which means he would easily win moro

BluntCrazeMan:
Over-voting is impossible to prove??
That's not true..
But I won't say much on this for now.


Then again..
Since the PDP do not have the BVAS machines,, then, they can use any source to produce any data they need..
What is necessary at first is the data.
Then, the authenticity of such data comes next.
Then, the source of the data comes third.

It is a waste of time for pdp to prove.the person to prove is sdp and they said they are not interested.it is possible to prove overvoting in few areas not large areas like in two to five lgas.if you cancel okehi and okene,apc still leads

SweetVibe:
Here in Benue, we dislike him. We only voted him out of pity to complete his senate second term.

Daniel onjeh defeated him but was rigged out

fergie001:
Recall that the Appeal Court sitting in Abuja sacked the erstwhile Minority leader, Simon Mwadkwon

I knew it will be him.he is the only ranking senator of pdp extraction from NC.pdp has no senator from kwara,akpoti is new,nasarawa is new,Niger is new,plateau out and only Moro was the safe option.ill have preferred if it went to north west which has 9 senators

Programmer47:
Actually, no he wasn't.
The court ruled that his nomination was "unitentional".

Every single appeal was ruled on technicalities not actual representation of the law.
But then again, snatch it, grab it and the rest is allowed , so long as "na our person"

You didn't read the judgment well.you only read the headline or just the first part.the judgment also further stated that shettima was never guilty as he submitted his resignation letter to his party on the 6th of July long before the deadline and the law is targeted at the candidate not party.assuming the candidate submitted late or the party erred,it was unintentional because the candidate intention from the processes didn't want to hold two candidacy and the law is meant to stop a candidate from contesting under two parties or two positions.apc eventually did primaries for the borno central senate..
The key word in that provision is knowingly allowed himself to be nominated.knowingly means he intentionally did it.there was no technicality here,shettima wasn't guilty.technicality was if he was guilty and the court said the case was brought out of time or pdp has no locus but you can't ignore these major technicality

BluntCrazeMan:
So, PDP has the BVAS machines?

It is impossible to prove

BluntCrazeMan:
I am expecting many people to be at the protest naa..

Nobody will protest in imo,hope has won case closed except they want the ajaero and ihejiagwa treatment...

What concerns ezeike with kogi? To prove overvoting in kogi,you must tender all the bvas machines along with the voters registrr

Bobloco:
The question is why is the APC bringing it up. Are they not doing busy body over a matter that's not their concerns

It is but disobeying court orders is fatal

Bobloco:
I want to ask, was Shettima, the current VP eligible

When his eligibility was contested at the court what did the court said

Yes he was

casualobserver:
But not fully! How do you partially conduct a congress? The purpose of the court order was to conduct a valid congress. It wasn’t done as such without a structure they cannot conduct sponsor candidates.

I just watched a replay of a video

https://www.youtube.com/live/aX8OEqvyPMA?si=hDnwF1ofvE2zL3Cy

Watch from 42:00. He clearly states it is not about nomination it is about sponsorship.

Bwala and PDP are trying to create their own narrative that this is about disobeying court order and trying to rope in Ebonyi. It is not. It is about the consequence of not obeying the court order. I.e. not conducting a congress. Without one you have no structure, without a structure you cannot sponsor. The case is about sponsorship.

Exactly but I feel the apex court might rule either ways unlike kano

casualobserver:
Hmmm, what was the court order, was it not to conduct a valid congress?

Am exactly and it was partially obeyed

casualobserver:
thats not how i interprete it.

Plateau: Party did not hold proper congress as directed by court order .....therefore party structure does not exist in plateau..therefore what does not exist cannot sponsor candidates. The issue of membership and sponsorship is mute because there is no PDP in Plateau having not performed a congress as directed. if there is no party structure, there is no sponsorship.

Kano: Kano is precisely about sponsorship. Party structure exists but party sponsored a candidate who was not a member of the party in breach of the electoral act..therefore the party sponsored an unqualified candidate.

No outsider can challenge the membership of another party. you wait until they present that unqualified candidate (or non member) to run against you in an election (at which point it becomes post election) and then you focus on the party (not the candidate) for presenting a candidate who is not a member or otherwise unqualified.

You are largely right but in plateau,what matters is not the nomination process because primaries and congresses are conducted by nwc.they can use special or adhoc delegates for primaries.pdp or any party exists without congresses but no leadership structure exists but membership exists. The court order which was disobeyed is what matters.

For Kano,I agree with you

casualobserver:
i have read it. you clearly still dont understand. i have tried to explain this like I would explain to my 10 yr old son. There is not much else I can say.

https://www.thecable.ng/appeal-court-affirms-election-of-pdps-balami-as-borno-rep

In Borno, APC challenged the nomination, its not their business to challenge nomination, it is pre election issue and its none of their business or the business of the court....how many times will i say this? Jesus wept!!!

In Plateau and Kano they challenged the sponsorship of an unqualified candidate.

the process by which your opponent became an unqualified candidate in another party is none of your business and a pre election matter. If aggrieved mmebers of that party do not bring the matter up pre election, no one else can challenge the nomination.

Presenting an unqualified candidate to run against me in an election is a different matter, I am not challenging the process by which he became an unqualified candidate or the candidate, I am challenging the party for presenting/sponsoring an unquialifed candidate. At this point 1) it becomes my business, it is a post election matter and the court has jurisdiction. see electoral act sect 184 (1)


My problem is not with the candidate, my problem is with the party. big difference!!!!!

Exactly.you are also challenging the membership of an unqualified member because it seems sponsorship was ok in Kano but membership is invalid while in plateau membership and sponsorship are ok but due to the false foundation and dissent for a court order,the entire nomination and qualifications process is dead

slivertongue:
am waiting for you to elucidate on what is qualification to candidates.

Qualification comprises everything contained in 177 a-d

slivertongue:
One of the litigated cases at the Appeal Court which succeed had same issue. They filed nomination & sponsorship when it failed at the tribunal, they modified it to qualification which wasn't mentioned in the tribunal case yet the argument is about issues within a political party. Issues which don't connect to election & which they can't litigate on. Am sure you read one of the grounds for dismissing Benue PDP's case. From there you can derive answers to your questions.

Kano apc went directly through section 177,gave reasons to show that nnpp is not an nnpp member,showed that Kabir did not participate at all stages of the election which is another angle.via section 177,he isn't a party member...
Benue case it's different,it is about Sam ode presenting a forged certificate which is a constitutional issue and Alia not being on apc register via section 77

Teymanhenry:
The court canceled illegal results. These canceled polling units had issues of a massive overvoting. I personally don't see a case for APC. Though you never can tell as the judiciary is now a toy for the presidency

Oga,the court should have cancelled pdp illegal votes which has overvoting

slivertongue:
Another twist to a simple issue.

If u can't challenge a candidate then what is your locus with the choice of a party that you don't contribute to it's existence? challenging a candidate is challenging the party & challenging the party in our election is challenging the candidate. you can't septate the two if a party doesn't field a candidate it can't contest an election and if a candidate wants to contest an election he/she must use the banner of a party because independent candidacy doesn't exist as such the argument that a candidate won election without being sponsored by a party is petty &an attempt to rubbish INEC & obtain victory by trickery.

Separate membership, nomination & sponsorship from qualification. Most parties are litigating on qualification but are using membership, nomination and sponsorship to deliver their arguments. Even those using mundane terms such as 'structure' are using the same tricks.

Section 177 c is that aspect of qualification talking about membership and sponsorship.so how can you separate it? You cannot add or subtract from the constitution.you must do it as it is

Teymanhenry:
The results from the polling units, Irev, and Bvas all show that APC lost. Read the court case and you'll realise APC never claimed they won by number of votes. They wanted to lie on technicalities

Not true.apc claimed they won and brought a figure showing if they follow pdp calculations5,they won by 1000.apc attacked several places pdp won and demanded for cancellations but the court refused and only cancelled places apc won

slivertongue:
I have asked what is qualification of a candidate? Because i understand the tricks of replacing one issue with other to advance the argument of qualification.

Oga,which part of the constitution says 177c is an internal matter? I am still waiting.obviously there's none so rest.
If the lawmakers wanted it to be an internal matter,it won't be in the constitution.it will only be in the electoral act or as a precedent.all provisions of section 177 are open to all contestants sir.any provision in the constitution is meant for all Nigerians and in the case of elections,all contestants

Addme:
I just listened to Zamfara State Commissioner of Information talking about challenging the verdict in Supreme Court first but if Supreme Court still upholds the Appeal Court Verdict,then they will be ready for the election.
Garfield,trust me if they hold that election 20 times, Dauda will win 20 times.

Dauda will not win.apc underrated him esp as tinubu won zamfara.they were relaxed.no one saw yari sabotaging matawalle after tinubu won.but now,apc is heavily prepared.tinubu needs zamfara desperately.maradun lga gave 90k votes from manual result but inec rejected it.this time,it won't happen judging from what happened in imo and kogi...apc is heavily entrenched in that state

Penguin2:
You must think I’m as jobless as you are.

When last did you see me on Nairaland.

You are always here with different monikers.idle onye

casualobserver:
As i understand it, the difference here is that APC challenged the party not the individual.

When you challenge the individual's nomination, the law says it is none of your business as you are not a member of the party and you have no locus because you lost nothing. if the party did not give him the ticket they would have given someone else in the party and not you so you did not lose anything.

However when you challenge the party for sponsoring of a candidate who is not a member of the party, you can seek damages because it affects you because that candidate that did not comply with the law went on to contest against you so now it affects you.

a party's internal primary that produces a candidate is none of your business as an outsider, its also a pre election matter so the court will dismiss the case. however at the point when that nominee contests against your party, your party can now challenge the other party for fielding an unqualified candidate. unqualified candidates is a pre and post election matter.

Think of it this way, someone employs a driver who does not have a license and you go to court. The court will rightly tell you it is none of your business. The right place to go in such a situation is the police, the court is a place for remedy but as no harm has been done to you simply by another man employing an unqualified driver the court will dismiss your case as they have dismisse dother similar cases.

However once that unqualified driver hits you or your car, then you have been wronged and have suffered damages and at that point the court will entertain your case against the Employer for employing an unqualified driver.



Its brilliant lawyering!!!

cc: garfield1

I agree.

slivertongue:
The party register is the most potent evidence of membership. Without valid membership, nomination & sponsorship are null and void. but the law has tied the hands of the judiciary from entertaining any prayer from Interlopers. But most cases are exploring 'qualification' to smuggle in membership, nomination & sponsorship so as to interloper. They are trying to use the back door to untie the hands of the judiciary. But law is clear to you and I.

I challenge you to quote a portion of the constitution that stops non party members from challenging section 177 c.the law imaginary as I think is clear to you not me.section 29-31 and 84 in the EA refers to pre election cases.nothing prevents a non party member from taking up a constitutional matter.
The court has stated severally esp in buhari vs yaradua that register isn't the only proof of membership even though register is the best.in Kano,apc went further to bring other evidences which shows Abba isn't an nnpp member legally.
Parties cannot hide flout their laws and the nation's laws and hide under the guise of internal affairs...section 177 is all about qualifications and it clearly mentioned sponsorship.are you better than the constitution?

Addme:
At least two governors out of the three will lose at the Supreme Court.
Then Dauda Lawal will still win anytime the inconclusive election is held.

He will lose

slivertongue:
His argument was simple APC had no exco because Buni wasn't the party chair as he couldn't hold two executive position at the same time. if so APC couldn't have sponsored Akeredolu since it's the national Secretariat that forwards candidates name but the supreme Court thought otherwise after agreeing to the his position on the role of national Secretariat. Nomination &Sponsorship are party functions an interloper can't litigate on. Qualification is different from nomination & sponsorship but APC is smuggled in 'Qualification' used it in place of membership, nomination & sponsorship. Una don take this heist too far

Pdp started this heist in bayelsa,apc are simply repaying them.
Sponsorship and nomination are all parts of qualification..for you to be qualified to contest ,you must be a party member and also sponsored by them.jegede ground was simply that gov buni held an executive post which is null and all acts therefore are void including aketi victory,it almost succeeded...they agreed with him partially but stated that gov buni should have been part of the suit in the spirit of Audi alterem partem.section 177 was never invoked
Section 177 of the constitution is all about qualifications.in subsection C,it talks about membership and sponsorship which is still part of qualifications.rhe apex court has been interpreting the membership in relation to the electoral act.lets see how they will interpret it in relation to the constitution,whether sub C is inferior to A,B and D.

slivertongue:
The people overwhelming elected him. Even as a non career politician he won. The people's mandate should be respected by the court. am sure the new electoral act threat that matter to avoid a 'Lyon' situation

Very true though in the process of getting that mandate,you must be law abiding