₦airaland Forum

fergie001:
But the judgement of the Sylva case which was hinged on the Constitution was dismissed based on locus standi which I opposed and you supported.

Does Constitutionality override locus standi? The answer is NO.
If you don't have locus, the Court has no Jurisdiction.

There is no difference here, you must have locus to even delve into the case. It is on all fours with the objections raised by Olanipekun and the APC against Obi.
PDP was clear that Ayade hasn't been paying his membership dues to sustain his been a member. That was PDP's argument. Co-incidentally, Olanipekun was Ayade's lawyer.

The SC said but you sponsored him, submitted his name and come to the Court to say he isn't your member.

But it was tendered that their names were still on the PDP Membership Register, they made public statements that they remained members of the PDP. What did the Court say?
No locus standi, a Party determines her members.


This is the much-touted 177(c) he is a member of a political party and is sponsored by that political party.

Decidedly, membership of a political party is not for the Courts to decide, as such matters are within the exclusive preserve of the party concerned. It is a domestic affair of the party concerned. The Courts will not be involved in deciding who the members of a political party are.
No matter how surreptitiously and nicodemously couched the Court shall always lift the veil to see the spirit in the Reliefs sought

(Echendu v Ugonna 2022) per Pemu JCA

Who determines the membership of a political party?
The Court has said severally that it is the Party and no one else. No other Party is even supposed to question same.

No member of a political party has the locus standi to question the party’s prerogative right on the issue of its choice of candidate for elective offices, not even in the face of breaching of its rules and regulations.

There is no doubt that membership of a political party is not justiciable”. The Court below was right to have held that the suit was not justiciable and I so hold.” (Anyanwu v Ogunewe 2014) per Kekere-Ekun


What this means is that no member of the political party can question it let alone an outsider.
This was a Court of Appeal decision.

You are still quoting Enang v Asuquo.
These were 2 members of the same political party, infact two members who participated in the same Primary. So Enang had locus but Gawuna and APC has none.

Enang lost in the Primaries and presented the party register to show that indeed Asuquo was not a member of the Party. Same thing Agi did in 2016. He lost the PDP Primary to Ayade and presented the register. The Supreme Court can delve into that because there is locus since Enang & Asuquo as well as Agi/Ayade also participated in the same respective Primaries.

My argument is that there is no locus whatsoever.

This is not exactly true. In this case, the Court was also waking about intra-Party issues. The Court can only assume jurisdiction if the Party violates its own rules. (See Agi v PDP & Ugwu v. Ararume)

The narrow confines are couched in: Section 285(14) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Section 84(14) of the Electoral Act, 2022. (See Adebutu & PDP v. Jimi Lawal 2022) per Saulawa

You like Oho's radicalness but you don't like Nwosu-Iheme's radicalness because you perceive her PDP right?

Go straight to the point nah.


I have told you Ogun has no Senior Judge.
Only Banjoko who went there in 2020.
The only senior Judge they had: Lokulo-Sodipe died in February this year

Jummai obviously wanted it otherwise she would have objected.

Tomorrow.

In sylva case,the appellant had no locus at all.he wasn't even an aspirant or a member of any party.what injury did he claim? Why didn't he bring it under the timeline allowed by section 285? Anyway,the apex court will decide that...

The apex court have said while nomination is an internal party matter abd non justiciable,it is not absolute.there are exceptions if the party sufficiently violates its own rules,violates the constitution,electoral,infringes on the rights of its members or other parties...in the case of Kano,all these factors come into play as the illegal nomination of Abba affected the chances of other aspirants from emerging and that of Apc and extant laws were breached.psrties cannot act arbitrarily and hide under the guise of internal party matters.
Kekere ekun didn't say the narrow pathway was confined to 285 alone.she also said if the candidate didn't partake in all stages of the elections which starts from party registration to declaration,it can be a ground.
Section 177 c is constitutional and can be raised at any stage.there is no place in the constitution where locus for challenging such was determined or that it was termed a party matter.the locus granted by 285 refers to pre election matters.
Now section 177c is a ground just as A,b,d.nothing can limit it.apc is not challenging his membership,primaries or what happened inside nnpp.apc is simply saying that by virtue of section 177 c,he is not qualified.that subsection C has two preconditions
1) he must be a member of a party
2) he must be sponsored by that party.
Both must be satisfied not one condition.that why there was no use of OR and a semi colon was used before AND.
How do we determine the membership of a party legally? The court has decided on this whether appeal or apex...if it was supposed to be an internal party matter,the drafters would never have inserted it there.it was inserted there so that any aggrieved candidate or party can sue sir.no qualification in the constitution can be subordinated to the EA or under internal party matter..
How do one prove 177 c? It is by bringing cogent and compelling evidences.membership register wasn't just tendered but part card, dues..all evidences tendered shows he is not a member of any party.his nomination form was even submitted late.the evidences are too glaring and compelling to overlook.no one is questioning his membership but that he is an independent candidate,not a member of any party and did not participate in all stages of the elections..ofcourse,the apex court just like it did in degi vs diri can depart on its previous rulings on this

What did the appeal court say on the invalid ballots?
Ogbuinya was on the panel that gave judgment in favour of fayemi at the tribunal.

IfnobeGod20:
Yes, it was APC matter and it was a member of the same APC that instituted the case and the supreme court still found it worthy to dash the ticket to Lawal and Akpabio. What a country.

No.in the case of lawan,machina failed to provide facts to show that he won the primaries.
In the case of akpabio,the primary was cancelled and the sc says only the nwc conducts primaries

IfnobeGod20:
The question is, who determine who is a member of a political? Is it the party or non-party member? Even INEC cannot say somebody is not a member of any party, as far as the party sponsor the person and that is why the constitution says and "he/she must be sponsored by a political party". Did NNPP sponsored Yusuf or not? It is a busybody for anyone to claim a father is not a biological father of a son, when he is not the mother of the son or when the son is not subject to DNA test by expert. APC are strangers to anything that happened within NNPP and nothing concern them there. Or which law says, if anyone join any political party today, he/she cannot be sponsored by same party again? So far NNPP sponsored him, APC are just busybodies and no more.

So who then decides who a member is? Any provision in the constitution is general,anyone can sue.as far as you have impeccable proof,you are ok

fergie001:
Not that, he saw the handwriting.

Anywanwu was working with Hope, everyone in Imo knew so that is why nobody bothered. Ihedioha has left them to do as they wish.

It's Hope's world and we are living in it.

Let okigwe complete their tenure before owerri takes a bite and ndiowerre specifically not mbaise

fergie001:
That's why he respected himself.

He has been contesting since 2015,let others contest too

fergie001:
Cc kukutente23


It is very good that out Courts show clarity in some of these decisions.

1. In Tarzoor v Ortom, PDP complained that the APC conducted no Primary for Ortom to emerge. The SC called them meddlesome interlopers that it wasn't their business.

2. In Agi v. PDP, despite PDP arguing that Ayade wasn't their member, the SC held that as long as he was sponsored by them, they can't reprobate and approbate.

3. In ANDP v. Diri, the SC held that INEC had no rights to disqualify any Candidate but that the ANDP slept on their case and didn't bring same up 14 days after the cause of action and all that.

4. You are also very familiar with the Peter Odey story and the PDP.

5. You are also aware of the Nwifuru story.

4 & 5 were members of the PDP and till today never formally defected to the APC yet the Courts have been calling others busybodies.

6. Abba defected in March, and was formally nominated in June 2022.

His defection could have been better managed but was there a locus for the APC to sue?

7. The case and narrow confines by Kekere-Ekun was in Enang v. Asuquo. Both of them were members of the APC which you know. Asuquo argued that he resigned from PDP on May 1 and joined APC on May 05. Enang insisted it was a lie.
The SC held that it is the Party that determines her members and since APC insisted that he is a member, sure he is.

8. Let me go to the latest in Obi v Tinubu, Olanipekun on behalf of Tinubu & Shettima submitted the membership register of Labour Party amd Obi's name was missing. They argued Obi contested as an Independent Candidate.

Visit this thread: https://www.nairaland.com/7753103/obi-not-member-labour-party#124226839

The tribunal sitting in 5 has more authority than the panel headed by Adumein. Our Courts should show clarity on these cases.

The tribunal's response to Obi v. Tinubu is in the screenshots below:-


I am glad Ogbuinya & Uwa, my Abia sister made it.
Ogakwu is ultra-lucky with 2 unfortunate deaths of Enugu Justices.
Ikyegh has laboured so much for this, unfortunate he might not make it.
I pray Sankey turns it down to be next PCA so that he can go up; he is a really really sound Judge but Jummai might not want to risk it. She might decide, handing over to another person from the Benue/Plateau, another Christian might be difficult for anyone who is President.


Onyemenam joined the Appeal Court same day as Ogbuinya and both of them are from the same Ebonyi State, not possible.

Oho missing it is lovely toe, I don't want him there for obvious reasons.
Of Course, the President wants someone from Lagos and that's the only reason Abiru is there because it is expected to be an Osun/Oyo slot.

Abiru is from Ikorodu LGA

However presently, the CJN chairs both which isn't good for the system. Dattijo really condemned this

The cases you mentioned were not grounded or couched on section 177 but on the electoral act.any matter that is in the constitution is very germane just like the sylva case and cannot be settled by inferior acts like the evidence act or the EA2022.
In tarzoor vs ortom,the complaint was about apc primaries which pdp had no locus.
Pdp never said ayade wasn't their member,they sided with agi.agi didn't even bring compelling evidence.
Andp vs diri doesn't apply here.
Peter odey vs pdp doesn't apply as it wasn't couched on 177.same for nwifuru.no evidence of their name nonmembership of apc was tendered.
In obi vs tinubu,the focus was also on the electoral act and the only evidence tendered was party register.
According to justice akintan,in buhari vs Obasanjo,the court held that party register is not the only evidence of membership but nomination form,membership card,party fees etc and none of this was tendered by nnpp.the ones that were tendered were either fake or fraudulent.his nomination,membership was actually unlawful.in the eyes of the law,he did not participate in all stages of the election as stated by kekere ekun.
Another supreme court judge(can't remember) clearly said that a party cannot look into the internal matters of another except the actions of that party caused a fundamental injury on the other.you can see a proviso here.legally,Abba wasn't a member of nnpp and therefore his sponsorship was invalid....read the Kano tribunal judgment on his non qualification,it was comprehensive.

Oho is a radical judge and we need one or two in the apex court after odili and nweze left.for jummai name to top,she must have wanted it.i don't think tinubu hand was in this else he would have pushed someone from Ogun.
When is the date for plateau judgment.

Kukutente23:
You're always quick to advertise your foolishness
Gawuna congratulated Abba Yusuf. Is that not a sign that he believes he lost fairly and squarely?
How do you know he was not a registered member of NNPP when it was publicly declared in March 2022 that he joined the party?
Your chairman is lying because as at March, primaries had not even held not to mention closed.

Imbecilic trash.continue foaming from your loud mouth childishly.low budget melaye

Kukutente23:
What a lie!!
So why is Gawuna not a party to the suit of he was already aware of that loophole?

Abba Yusuf joined NNPP before Kwankwaso did self in 2022 and he emerged as consensus candidate. So where is this lie coming from.
APC just like telling lies to cover up their evil deeds

Dumbo.an election can be filed by either a candidate,party or both.when Abba joined doesn't matter but whether he was a registered member of nnpp

Fulaninigger:
Sometimes you make sense, sometimes you speak like an illiterate Obidient

How will he contest a rerun as a minister without stepping, does the constitution allow this?

Apc cannot relinquish zamfara

donphilopus:
In all honesty, did Ododo actually win the election? Lol

Yes he did.he won the whole kogi west meaning he was voted for.kogi west and central is more populous than east

fergie001:
Why will they do that when the SC is clear on that position.
These Appeal Court Judges hmmmm.... All nine grounds were resolved in favour of the Respondents.

Plateau is almost obviously a sack. Dawodu is on the panel, will expect nothing less.

Kekere ekun said even though it is an internal party matter,there is a narrow way for other parties to sue.section 177 is constitutional.the SC judgment is based on the electoral act.it depends on how APC couched it...

Finally,the fjsc has nominated 22 judges and most of the names we predicted where there including sankey.ikyegh might not make it,ogbuinya,uwaoma and ogakwu are making it.i wish onyemenam made it.Fred oho missed,i wonder why abiru from same Lagos is priority...
Fjsc is same as njc.theres duplication.the cjn cannot be chair of both.fjsc chair should be a retired SC judge

Fulaninigger:
Lol how much is the registered and accredited voters in Maradun

Reg- 106k
Accredited- 96k

how did he get 100k? That's the amount he wanted to concoct but Bvas didn't allow it

I see your basing the permutation on rigging, but don't forget Matawalle won't be in power and I doubt he will step down, maybe that's why he hasn't said anything yet regarding the court case

Tinubu doesn't need Zamafara, infact he is not even interested in it. Kano is his target and he has gotten it

Matawalle will be in power as defence minister while dare will be out.maradun will deliver

Bobloco:
garfield1, why are you making this kind of comments

But this is an internal matter of the NNPP. A pre election matter. How is it the business of APC with who is a member and who is not a member of NNPP.

Any matter stated in the constitution is not an internal party matter

Penguin2:
Story for the gods.

Obi demystified the north if not for Mahmoud Yakubu’s criminal manipulation of the election.

I like how Tinubu is clipping the wings of the north.

Very soon he would sign Gay Law. I wonder what Sharia people will say.

By the time Tinubu finishes 4 years, the north will never have the influence it used to have again.

Bookmark this comment.

Obi did not demystify anything.he was confined to se SS just like gej 2015.he failed woefully.be prepared to continue hatjng forever

[quote author=Penguin2 post=127027773][/quote]Tinubu can fall out with shettima and prefer kwankwaso.in politics,anything is possible esp with a fluid tinubu..

The idomas will now prepare to snatch power from the tiv.same as in southern kad

Penguin2:
Succinctly captured.

He allowed himself to be bullied a lot.

Like you said, Ihejirika was their stumbling block to unleashing Boko Haram to the level they wanted to unleash it. The moment he was sacked, Boko Haram took over Nigeria and Tinubu’s Lagos-Ibadan Expressway press went on overdrive with propaganda.

Same thing happened very close to the 2015 general elections. When it became obvious that Jega had been compromised and was working for northern interest and Buhari’s victory, Jonathan was advised to sack Jega but the fool was just too weak to help himself.

Such a mistake of a man.

Once the north and sw wants you out,your gone

Penguin2:
You are right.

Jonathan made mess of power.

Under his watch Jega supervised an election where underage children were used to vote him out and people will be saying Buhari won the election. Buhari didn’t win anything; Jonathan was just a fool.

Was Jonathan not inflating votes deep south? My uncle hired people to use palm kernel for multiple thumbprinting

Penguin2:
He’s popular but like Buhari, that popularity might go to ruins if he doesn’t align like Buhari eventually did.

And that alignment was offered to him on a platter in the last election but his stupidity couldn’t let him take it.

I doubt it would come again because we wouldn’t want an Obi presidency without Datti by his side.

Datti is a deadwood.like kwankwaso rightly said,the core north don't want obi so it's a waste unless obi will be running mate.kwankwaso can join apc or pdp and get the ticket in 2031 lwhich is an easier route.

If an igala wins,they will never surrender power again but the ebiras cannot perpetually hold on to power.they will likely handover to the west in 2031 even if it's lokoja axis

VULCAN:
Seems this one has an overactive imagination.

Or perhaps he is just ignorant so cannot understand the import of what just happened.

APC has struck again.

This case falls under both a preelection and inparty matter which cannot be brought up by a third party and whose term of reference has expired

APC working hard to turn Nigeria into a one party state

It is a constitutional matter

Penguin2:
They wouldn’t have succeeded if real election took place in Kogi.

Add that to the fact that Kogi West had two strong candidates.

Had Kogi West merged with Kogi East, it would have been game over for Ododo but politicians no dey get sense.

Same stupidity Kwankwaso displayed but today he’s a laughing stock.

Kwankwaso might laugh last as he is the most popular northerner bar atiku and buhari...
Ododo will still win because igalas also rigged but we're outsmarted.if you remove all the overvoting,ododo had 280,000 while ajaka had 200k so he still won...
Again,the okuns decided to support ebiras who are the lesser evil here

fergie001:
I don't have the details but but I am still shocked @ ground 1.

What about the invalid ballot papers grounds? I think the appeal court are following with the plateau ruling

fergie001:
@garfield1, you remember what I told you about GEJ relocating of Sylva had won?

Exactly.it seems what is happening between them is deeper.sylva has to reach for a truce ahead of 2027...
I believe you saw the Kano judgment.section 177 c is a constitutional matter
When is plateau and nasarawa judgment?

BluntCrazeMan:
After the Supreme Court Judgement, I can have a good say.

As for now, it's still not predictable.

I just want to know if the Appeal Court saw it wise enough to uphold that only the ballot-papers that were voted for the NNPP were checked and searched-out for the unsigned and unchecked ballot-papers,, leaving all the other ballot-papers voted for the other parties unchecked and un-searched??

If they upheld that, then, it's an unfair judgement.
It is a targeted ambush.

As for the disqualification of the candidate based on non-constitutional reasons,, that too is also an unfair judgement.


What happened to “Litigator”.??
You deactivated it? Or you lost the Log-in details? Or them samma you a long-term ban??

Disqualification of a candidate based on section 177 is a constitutional matter as you must be a member of a party and sponsored by them before being a candidate.
Secondly,there's nothing like ambush as far as apc stated in it's petition that they are challenging the votes and ballots casted for nnpp.nnpp had all the time to reply and prepare a good defence but failed to

Bobloco:
Why is the judiciary giving conflicting judgements

How is the concern of APC with who is a member of NNPP and Who is not a member of NNPP

By virtue of section 177 c,it is a constitutional matter and can be raised by anyone

israelmao:
But it was right for former Senate President Ahmed Lawan to emerge as a senatorial candidate after having missed the time scheduled due to his presidential ambition?

That's apc matter

Penguin2:
It’s such a pity really.

Nigeria needs factory reset.

It is beyond party but a tribal thing.ebiras rather remain in power than greedy igalas

Fulaninigger:
Loool your obviously delusional and don't know what your talking about. I'm from Zamfara state, let me educate you small

Tinubu never wanted Matawalle as minister, Kabiru Marafa has always been his ally. But he needed to compensate Matawalle as his campaign DG

The trick is to fool Matawalle into a rerun knowing he has to step down as minister, with no chance of winning the rerun(his trailing by 77k votes, with election in only few wards in 2 LG and Maradun. Totalling just 120k votes)

If he steps down, he will be replaced by Marafa. The question is, will he step down for a rerun that is almost impossible for him to win

True,marafa is tinubu man.i know tinubu is looking for how to compensate him but matawalle can win.matawalle had 100k in maradun but inec cancelled it and used irev.but with what happened in kogi and imo,any figure matawalle brings will be accepted.
Tinubu is diplomatic.zamfara is apc through and through and tinubu needs them for 2ne term.therefore it is better it falls into the hand of matawalle he doesn't like rather than a hostile pdp.except dare reaches out to him

donphilopus:
Ododo, the placeholder Governor that would be removed latest August next year. Enjoy while it lasts.

Why Are you against him

LOVEGINO:
2027 too far.

Why

ValarDoharis:
Obi is not the reason the country is falling.

APC is killing the country, something gatto give!

Apc is doing well so far sir.the social media is exaggerating things

ValarDoharis:
Country is becoming increasingly unbearable for citizens, something must give

Not kano.it will be something bigger than endsars.if you feel pained because of obi,why not start protesting and stop pushing others? Stop the cowardice

Svoboda:
I like Kauran Bauchis disposition towards Tinubu. He understands opposition politics can be very corrosive. He openly endorsed tinubu the other day. Shame on atiku, the most unstable political leader of this generation.

Exactly.he was liberal even under buhari