₦airaland Forum

Truf:
You must be smoking cow dung. Brainless mor0n.

Onye ara

Pierocash:
[s]If it was APC that were found in same situation,the court would have interpreted it differently.[/s]

But however, I still can't fathom the reason why a political party that is gunning for a very serious contest as Governorship election will fail to screen all the relevant sections of the law before embarking on such serious mission. Were they thinking that they could never win or what? Knowing fully well that even if you win, you can be removed by the court once the looser exploits that loopholes.

I see that as foolishness

I agree

Politicstoday:
yes very true barrister fergie001. You are much on point here . Our judiciary are heavily compromised. So so unfortunate.

There is no compromise here.the subpoenaed witnesses depended on by ombugadu has killed his case

fergie001:
Whilst I am still confident that Kano should be upturned, the SC judgement in Atiku & Obi v. Tinubu might have changed the perspective.

The appeal court has made it harder for the apex court in Kano...
I heard the new chief judge in osun rejected the appointment

Politicstoday:
Governor Sule's Grounds Of Appeal Just On Technicalities
***
According to Babajide Kolade-Otitoju of TVC, “it is not the work of the Judges to proof your petition or defence”. In the case of Nasarawa State, David Ombugadu of the People's Democratic Party(PDP) at the Governorship Election Petition Tribunal(GEPT) provided polling unit by polling unit results of the areas he was shortchanged in the 2023 gubernatorial election. On the other hand, the All Progressives Congress(APC) and the Independent National Electoral Commission(INEC) could not provide different results to proof the declaration that returned Governor Abdullahi Sule.

The court is not a father Christmas, as such, the Tribunal has to look the way of substantive evidence. It was also noted by a senior Advocate, Mr John Matthew, that the wrong computation could have been avoided if the electoral umpire, INEC did their job well. With all the opportunities INEC and APC had during the sittings of the Tribunal, they failed to provide any witness or any documentary fact as to how they came out with the over sixty thousand votes that gave APC victory and returned Governor Sule elected.

With the only evidences provided by PDP's Ombugadu, the Tribunal just recomputed the results and declared that he got the majority of valid votes. The grounds of Appeal of Governor Sule, APC and INEC are just on technicalities but not the substance or merit of the petition or defence.

Technicalities is part of the law.sule has won this son

Teymanhenry:
It's evident that the PDP won but you never can tell what is really happening behind the scene.

How is it evident

Obi membership case was anchored on section 77 of the electoral act as well as section 134 while that of Kano and even plateau was on section 177 of the constitution

No conflict in the decisions of the Court of Appeal in Peter Obi & Labour Party against INEC, President Tinubu and two Others; and Kabir Yusuf & NNPP against APC:

The Court of Appeal Abuja on 17 November 2023 delivered judgment in the appeal filed by the Governor of Kano State, Engr. Kabir Yusuf against the Judgment of the Kano Governorship Election Petition Tribunal dated 25 September 2023 that had nullified his election as Governor of Kano State.

The Court of Appeal affirmed the Judgment of the Tribunal and ordered that Governor Kabir Yusuf vacant his gubernatorial seat for the APC candidate, Gamuwa to take over.

One aspect of the judgment of the Court of Appeal that has attracted the attention of pundits is the part where the Court of Appeal, held that Governor Kabir Yusuf was not properly sponsored by his party-NNPP.

Expectedly pundits have wondered why this should be so, given that the judgment of the Presidential Election Petition Tribunal(PEPT) in the consolidated petitions of Peter Obi & Labour Party against INEC, President Bola Ahmed Tinubu; Senator Kashim Shettima, and APC, had held that it had no jurisdiction to adjudicate on membership of a political party raised by President Tinubu against Peter Obi.

It goes without saying if that is the position; why would the Court of Appeal in Kabir Yusuf NNPP against APC decide otherwise?

The position of the law is that where a superior court has decided on a matter; the court on the lower rung of the judicial hierarchy is bound to apply that principle enunciated by the superior court, where the facts of the previous case are similar to the facts and circumstances of the instance case.

This doctrine is known as judicial precedent and, is one of the hallmarks of the common law tradition which holds sway in the Nigerian legal system.

However, for judicial precedent to apply the facts of a previous case must be similar to the facts of the new case.

The pertinent question therefore is:are the facts in Peter Obi & Labour Party against INEC, President Tinubu, Senator Shettima & APC on one hand ;
and APC vs, INEC, Kabir Yusuf & NNPP on the other hand, are similar?

The answer is No.

In the case of Peter Obi& Labour Party and INEC, President Tinubu; Senator Shettima, and APC (the Respondents), took a preliminary objection on the locus standi of Peter Obi to bring his Petition on the ground that he contravened section 77(3) of the Electoral Act.
Section 77 (3) of the Electoral Act mandates a political party to submit the membership register of its members 30 days before the Party primaries.
The INEC, President Tinubu, Senator Shettima, and APC
had argued that Peter Obi was not a member of the Labour Party but PDP.
They contended further that Peter Obi had resigned from his membership of the PDP only on 25 May 2022 to join the Labour Party on 27 May 2022.

On the other hand, in Kabir Yusuf & NNPP against APC; the Petitioner (APC) had filed a petition against Kabir Yusuf seeking a determination that the 3rd Respondent(NNPP) failed to sponsor a candidate who satisfied the requirements of sections 177 and 182 of the Constitution, Electoral Act 2022, and other Electoral Laws, for the election of the Governor of Kano State.

Therefore, the facts, of the cases of the Respondents (INEC, President Tinubu; Senator Shettima, and APC) and Peter Obi are fundamentally different from the facts and circumstances in Kabir Yusuf & NNPP against APC.

In Peter Obi's case, the Respondents challenged the locus standi of the petitioners to bring the petitioner on the ground that Peter Obi violated section 77 (3) of the Electoral Act,2022 but they were overruled. The PEPT held it did not have jurisdiction because membership of a political party is a political question that cannot be determined by a court.

On the other hand, in Kabir Yusuf & NNPP against APC; the Petitioner(APC) sought a determination that the 3rd Respondent(NNPP) failed to sponsor any candidate who satisfied the requirements of sections 177 and 182 of the Constitution, Electoral Act 2022, and other Electoral Laws, for the election of the Governor of Kano State.

The facts of the two cases are therefore different and the precedent enunciated in the judgment in Peter Obi's case is not Kabir Yusuf & NNPP against APC.

The facts and circumstances of these two cases (Peter Obi against INEC, President Tinubu, Senator Shettima & APC), and Kabir Yusuf & NNPP and APC are distinguishable.

It is worth noting that in the case of INEC; President Tinubu; Senator Shettima and APC did not appeal against the dismissal of their objection on the competence of Peter Obi's Petition by the PEPT to the Supreme Court.

Therefore since there was no appeal against that decision by the PEPT, it stands in law.

However, it is instructive that the PEPT is also a panel of the Court of Appeal, Abuja.

The judgment in Kabir Yusuf & NNPP was also delivered by another panel of the Court of Appeal Abuja.

Is there any conflict between the judgment of the PEPT on one hand; and the judgment of the Court of Appeal in Kabir Yusuf & NNPP against APC?

I do not think so.
The judgment of the PEPT in Peter Obi & Labour Party against INEC, President Tinubu, Senator Shettima, and APC was premised on the interpretation of section 77 (3) of the Electoral Act,2022.

The import of section 77 (3) of the Electoral Act on the main is that a political party must transmit to INEC the register of its membership 30 days before holding its convention or congress to nominate its candidates for the general election.

Conversely, the judgment of the Court of Appeal in Kabir Yusuf & NNPP against APC is anchored on the interpretation of sections 177 and 182 of the Constitution,1999 (as amended) which provides that a candidate for governorship election must be a member of a political party that sponsors his elections.

@ Okoi Obono-Obla

crookes:
Which landslide? 😂😂😂

Mutfwang had 48% of the total vote casted according to inec And he won just 1 zone out of 3 which was the Northern zone only.

Nentawe had 44% of the Total votes casted and he won 2 zones out of 3 which was the southern and Central zones of Plateau!

So how did Mutfwang win with a landslide? 😂😂😂

You are right

IfnobeGod20:
Lyon wasn't removed by flimsy excuse, he was removed because of the negligence of his deputy for using variant names on his certificates. The main election wasn't even tried in court, it was the regular court to removed him because of the inconsistence in his deputy's names.
On the issue of Zamfara, it was an inhouse problem. It was Marafa, an APC member that went to court that primary was not conducted in Zamfara and he never backed down till supreme court. It is a self inflicted problem and that cannot be blamed on the opposition party, PDP only benefited from their self imposed affliction.

The cases in plateau and Kano are also self infliy

IfnobeGod20:
Nassarawa governor was sacked because it was obvious he didn't win the election from day one, if not the manipulation done by APC. As you can see that people went to the street of Lafia to jubilate after the tribunal delivered judgement.
We cannot continue to manipulate the will of the people and expect peace to reign. The people have right to choose who to lead them and not the court or few political ojelu parading themselves as leaders.

Who told you it was obvious he didn't win? So because people jubilated in a part of the state,it means he didn't win? Why must you believe every media creation

mrvitalis:
Name one person in Tinubu team with a better CV than madam Oby... Stop running

You don't know what macro economics is abi?

I have said it that corruption and nepotism is not even my biggest issue with APC... My biggest issue is fundamentally APC have zero idea how development works

APC are fundamental socialists and corrupt ones at that

To them build infrastructure development will follow ( obi and osibanjo argument in 2019 comes to mind)

APC have no single idea who development works zero they just want to build infrastructure then wonder why it's not yielding the results

Tinubu will repair the economy,give him one year mr

mrvitalis:
Read the article again then quote me accordingly I would not be doing the job you English teacher was meant to do

Oga,read the article and mention the name of any rtd judge.must you believe any rubbish speculations against the govt you love to hate.? Better confine yourself to your macro economics jargon and stay out of matters above your iq

mrvitalis:
Best ? Are you smoking grass?

Name one person in that team with a better CV than Oby Ezekwesili I dare you... Name one

Brunch of low budget micro economics handling macro economics positions is a recipe for failure


Would you allow a pharmacist operate your Brian ? Or a med lap scientists operate you?

Med lap scientists is closer to surgeon than a
Micro economics is close to macro economics

Not the same not same principle not same application

Tinubu has zero macro economics expert in his team

You and this macro economics.apsrt from my ngozi,the rest are empty.tinubu economic team all round is superior.it is a teamwork,not a one man rubbish

Kukutente23:
Nothing better expected from a demented agbadorian 🌽

Bastat

mrvitalis:
I hope you can read and understand?

For retired judges to complain is enough

Which retired judges? Please mention them.me and Fergie predicted this list Mr man.if you aren't familiar with the bench,remsin quiet

Penguin2:
You are right.

Once Atiku, Elrufai and Kwankwaso are neutralized, nobody in the north has the clout to cause headache for Tinubu.

Again, I’m not sorry for the north.

Shebi they don’t want Igbo man to rule Nigeria, let them enjoy.

Madness is when you post and reply with an alternate

Kukutente23:
You lie too much. This is something that was in the public domain. APC forwarded Machina's name initially before withdrawing it for Lawan after the presidential primaries. No new primaries held. The primaries INEC witnessed had machina as the winner. Even INEC rejected Lawan's name and machina won at both high court and appeals. How did he do that with all the nonsense you listed?
Just eat your corn 🌽 in peace. You deceive no one

Balderdash

mrvitalis:
This one thinks it's about wish Lmaooo

There are factors that leads to military coup and military coup can happen in any country even USA If the conditions are right

Unpopular president, unpopular policy, very poor performance, bad economics policies and the final one inability to pay salaries

The the final part is just matter of time... The economics crazy dance Tinubu and his bunch of half baked economics team are doing would push naira pass 2500 in 4 years, workers would demand increased wage he would agree but can't pay

Half baked? This is the best economics team since 1999.becsayse your dear obi isn't in the picture pains you dearly.

mrvitalis:
Again I say if APC keep doubling down on state capture military coup would end it ... I don't wish for it, I pray it doesn't happen but that's the truth

Especially when even with state capture the performance of the government is very very poor

Oga,what exactly is your problem with the list

IfnobeGod20:
The way you like make up issue just to back anything about APC. He went to court to submit zone C senatorial primary instead of Yobe North Senatorial Primary. Please was it the same thing he submitted that the trial court and Appeal Court gave him a clean bill of health that he won the primary while the quick shift at the Supreme Court, after he has won in lower courts. Continue supporting injustice and what will sink the nation. Always remember in the absence of justice there is bound to be friction and agitation which can lead to breakdown of law and order.
This inconsistency of judgements by our courts potent grave danger and a time bomb, if not checked, I pray it won't consume the nation one day.

Read the judgment and stop making noise

Kukutente23:
This daft zombie and his alternate reality

Show a link where Jang endorsed Atiku. Jang was a member of Integrity Group you dumbo
It was Useni who was in Atiku's camp and it was his camp that took the congress to court.

I think your daftness should have an expiry time. It should be too late in the night to exhibit your daft behaviour

Childish idiocy.swerve from here back to yabaleft kid

Kukutente23:
The king's fool has arrived
Jang is in Wike's camp. Zombie

This pdp e rat.jang endorsed atiku before the polls.nincompoop

manitoba:
I believe PDP will win Nassarawa.

Nasarawa is already gone

Kukutente23:
It is Wike i pity in all these. His faction in Plateau is on the losing side here and he is quiet because he can't do pim. Talk about dining with the devil

Jang is neutral dumbidient

kingsways:
It's grave injustice to remove a candidate who scored highest number of votes on some flimsy excuse he wasn't validly sponsored by party,

DECLARING SOMEONE WHO DIDN'T SCORE THE HIGHEST NUMBER OF VOTES WINNER DEFEATS THE MAIN AIM OF ELECTIONS AND DEMOCRACY

It's this same Court of Appeal who said nomination of candidates is the internal affair of the parties, for this reason Lawan who didn't even take part in the primaries is in the Senate today

The courts shouldn't be allowed to have such powers. That 3 or 4 , maybe ogogoro drinking, judges can just sit somewhere and terminate the mandate of someone that hundreds of thousands of people voted for

Bayelsa nko

mrvitalis:
So?

So it is the same thing

Sadwaste:
Ganduje is never in the same pedigree with Kwankwaso. He lacks the followership in the North and does not have the clout to pursue presidential election nationally. Tinubu is carefully neutralizing those he knows could be a threat to him in 2027 while empowering those that are weak. The likes of Matawale, Nuhu ribadu, Ganduje etc.

Once El Rufai, Atiku and Kwankwaso are neutralized, I don't see any other Northern politician who can be a threat.

You are right but atiku will still contest.ribadu won't contest,will rather wait till 2031.

mrvitalis:
Those set of judges were never appointed by APC and we don't has those set of judges again

These present judges were appointed by pdp

Bobloco:
The criminality is using a pre election matter to sack the governor and Ganduje himself boasting even before the judgement that APC will snatch Kano state

Oga,what about the invalid ballot papers

Bobloco:
Really, why leave out NNPP, because you have seen the obvious criminality being perpetuated there using the court

Where exactly is the criminality

MEGAWATCH:
Okay, so I wonder what APC is doing differently?

The court is dealing with all those disobeying them