₦airaland Forum

BALLOSKI:
You don't ask Tiv to give to Idoma, Jikun to give to others, or people of plateau to give to others, etc, why?

Because it's in ebira hands already

Pakute:
A seal/stamp of a court or seal of a notary public carries more weight than a signature of an individual. i believe in this case, the stenographer is a worker in Angela Liu's office and not a notary public. if she was a notary, the deposition would have taken place in the notary's office. Moreover, why does the shorthand reporter not have a seal if she was a registered notary, since a notatry firm must have a seal.

Orr

BluntCrazeMan:
Racoon, Litigator, Penguin2, Garfield1

Irev is useful but cannot override the manual copies.

BluntCrazeMan:
The Supreme Court based its Judgement on the Clause-93 of the INEC-Regulations alone (even without making any references to the Electoral-Act) to conclude that since there are other alternatives provided inside the Clause-93 of the INEC-Regulations which can be used in the absence of IREV-Portal Results, then, the IREV Portal cannot be considered as compulsory.

Is that really true??
Is that truly what the INEC-Regulations meant in that Clause-93??

Before we get to Clause-93,, let us first read Clauses-38, & 48 of the same INEC-Regulations..


This means that,, immediately the Clause-38(ii) is carried out by the Presiding Officer, we are expecting to see the uploaded results appearing INSTANTLY on the IREV Portal.,, because it is going to be used to carry out the task that is specifically specified in sub-clause-48(a)....

***(This continues to make me wonder why we couldn't see even the successfully “exported” and uploaded results there and then at the polling units before the Presiding officers left the venue of the election - until after several hours after the Presiding Officers had left.)*
.
.


The Provisions of sub-Clause-48(a) stands alone on its own. It specifically specified that COLLATION CAN ONLY OCCUR FOR ANY POLLING UNIT RESULT if the accreditation data is cross-checked with the BVAS of that polling unit, and the voting results cross-checked with the electronically transmitted results. If a Polling Unit Result doesn't fullfil these two criteria, it cannot be collated.
THERE ARE NO ALTERNATIVES PROVIDED HERE..
It means that, even if the hard-copies of the polling units are there, collation of such Polling-unit would still no go on with the rest of the polling units that has the criteria complete.
This is exactly what the Section-64 of the Electoral-Act-2022 clearly prescribed..
***(Nevertheless, let us continue to read further, so that we can have a balanced conclusion on this.)*


Then, in sub-clause-48(b); the INEC-Regulations made it clear that Collation had already started and had already passed some levels of collation. That is why it mentioned “LOWER LEVEL OF COLLATION”.. Therefore, the INEC-Regulations intended that “Collation Officers” - after collating their results (and still cross-checking them again according to the Electoral-Act:S-64(4b)) should also transmit it ELECTRONICALLY too..
**(Please go back and read that sub-clause-48(b) again)
This sub-clause-48(b) clearly means that it is not only the POLLING-UNIT RESULTS that should be transmitted electronically.

Then the sub-clause-48(c) refers to the ABSENCE of all forms of electronically transmitted results. Whether from the polling unit or from any level of collation.





As earlier stated for sub-clause-48(b), the Clause-93 made it very clear that Collation had already started, and had passed some levels of collation,, and it didn't say anything that countered the cross-checking of the POLLING-UNIT RESULTS with the electronically transmitted results as specified in sub-clause-48(a).

Clause-93 clearly referred to “HARDCOPIES OF COLLATED RESULTS FROM THE IMMEDIATE LOWER LEVELS OF COLLATION”.
It didn't refer to Hardcopies of Polling Units Results. This means that, the Condition for the Collation of any Polling Unit Results as outlined in sub-clause-48(a) still stands unchanged.

Thus, Clause-93 is saying:
“If some or all of the original INEC hardcopies of the collated results from the immediate lower levels of collation are not available, the collation officer can use the electronically transmitted collated results from these immediate lower levels, or use the photos of the COLLATED RESULTS FROM THE IMMEDIATE LOWER LEVELS as uploaded to the IREV..
And if these two options are not available, then the duplicate hardcopies of the COLLATED RESULTS FROM THE IMMEDIATE LOWER LEVELS can be obtained from the Police, or from agents of political parties..
And again,, this doesn't stop or affect the very first criteria set out in sub-clause-48(a).

In Summary.
1. The INEC-Regulations made it very clear that the only condition for any polling unit to be collated is if the Accreditation Data in the results sheet is confirmed with the data inside the BVAS, and the voting results confirmed with the electronically transmitted results. There are no alternatives provided.
If a Polling Unit doesn't have these two, it cannot be collated.

2. After collation, the collation officers are to also transmit their COLLATED RESULTS electronically too..,, although, this is not compulsory according to the INEC-Regulations,, since there are alternatives for this option.

Section 60 gave inec various alternatives.besides,this is theory.in practice,this isn't done.
This can only happen if inec chooses electronic transmission according to section 60.if they don't,they can transmit and collate however they like.
Even if inec violates the act,it is left for obi or any aggrieved party to show that there was substantial noncompliance and that this noncompliance affected the final outcome.

BluntCrazeMan:
You're telling a lie here..
And you know it

How? The issue is that obi made non transmission a ground for cancellations which is foolish and ridiculous.does non transmission or late transmission prevents collation?

Inec regulations is useless as far as they do not contradict the EA2022

Kukutente23:

Are you aware the shorthand reporter also functions as notary public?
Who is determining which is preferable now? You or Agim? Because Agim accepted that the deposition can be done in the presence of a notary public who must append her signature OR seal

Commonsensically,a record directly from the court is more preferable than from a notary.the shorthand reporter functions as a notary in some u.s states not all

BluntCrazeMan:
So, I ask again..

The IREV is totally useless..
Sheey??

....
Wait oo..
You mean that the INEC inside the Clause-93 of the INEC-Regulations gave some extensions to the S:60(5) of the Electoral-Act-2022??

Irev is not useless,it is the second most important copy of inec result sheets.infact, when there's a dispute over figures,what is on irev is more important than the inec form

Kukutente23:

You ran back to 21 days
I thought Agim was the most exposed jurist and very intelligent too on the bench. Yet he fumbled so blatantly.
fergie001 come see what I found

I never said he was the most intelligent.he didn't fumble,atiku fumbled foolishly.the judge simply gave options and notary public is the least acceptable because notaries in u.s differ state by state.the u.s of the court seal or embassy is far preferable

Kukutente23:
Check out the obvious contradiction in his judgement.

Then he goes in the next quoted paragraph:


Like don't they have people who proofread these their judgement? You said a seal or signature from a notary public is required. You admitted the shorthand reporter is certified to authenticate a deposition. Then you turn around to say she merely signed and didn't use her seal after you already said "seal or signature."
Just imagine if US legal authorities see this. Imagine the delirious laughter they'll go into that this kind of thing comes out of a supreme Court!

garfield1 why run? I saw you peeping. Come and defend your justice Agim

There's nothing to defend.the deposition having been filed outside 21 days at the trial court and the 180 days allowed was never going to be accepted

BALLOSKI:
It's a different reality right now. You know people are more angry at APC now more than they were in 2019.

There's an ethnic dimension to the whole election right now. Everyone was okay that the zone of the governor should complete their term and hoping it'd move to another zone, but Yahaya thought differently. So, it was easy for Okun to vote him then cos they felt it'd be their turn next and no notable son of theirs was contesting - now you have them feeling cheated by what Yahaya did, they have Abejide and Dino in the race and they have Sam with Muri. So, it's a different reality from 2019.

I agree but muri won't have votes outside igala while ododo will have everywhere

slivertongue:
judicial robbery and rascality. The factor been used by the merchants in court of appeal has been settled by the Supreme Court. The so called structure thing is a pre primary issues which is beyond the the concerns of APC who are Interlopers.

I told you that apc will sweep plateau.this is lalong's area.lalong is reclaiming his senate seat back.cc moventist

rolams:
This one is valid according to my view ooo. The deposition judgement is different here. This is within the state and country and it was not challenge by the defendants lawyer.

You are not getting it.obi and atiku lawyers used subpoenaed witnesses after 21 days for filing of witness list expired.ombugadu did the same mistake

DMerciful:
What did they rule regarding the 460k forfeiture?

They adopted the pept ruling

BALLOSKI:
he'd suppress votes in the east and churn out 80-90% from his zones like he did in 2019. But it won't be easy this time around.

Yes but it's very possible.if pdp and wada can't win him,sdp wont

Shikini:
GEJ is the only former leader alive hobnobbing with Criminal Thiefņubu
.

Gowon and abdulsalam nko? You have issues

Kukutente23:
All this shalaye is just to escape looking at the fact of the deposition. Carl Wesberg was ordered to attend a deposition by a competent court which had the court's registrar in attendance.
I would have been mighty shocked if they took any other route than to reject the deposition.
A letter from CSU cannot supersede a deposition under oath. Lying under oath is perjury a criminal offence.
The judges chose their best option to scale the fence and they are within their rights to. Anyone who expected better of them must be living in a fool's paradise

Atiku and pdp is finished,tinubu is the champion

Patrickker:
The only one true judge that I know is God. When He comes through, we can't question. Nigerians stop patronizing rouges on adorned in regalia, waiting for who the highest bidders

Oga,the ruling was sound.why can't you look beyond emotions

Tntsi:
In the coming weeks and months the effects and consequences of all these decorations of desecrations and criminalities by the criminal judges and criminal forger and identity thief will be real.

No matter the kind of grammar the crooks on bench try to speak. From ariwola to all the 7 criminals, they know they have destroyed the nation.

Many of you, including you op will hit the streets.
There is no 2 ways about it. The effect must bite you and you will join the bandwagon on the street.
When you plant evil, criminalities and desecrations, you cannot reap sweet.

Funny.so removing tinubu will ease things? You dey ok?

Justice Agim is the least in seniority in the court but the most learned and exposed jurist.he would have buried the opposition if he wrote the judgment.
Additionally,the deposition failed to satisfy the three cardinal requirements for rule 22 which are
1) unavailability as at the time of trial.
2) changing the course of trial
3) incontrovertibility

Emmanuel Agim, justice of the supreme court, says the deposition of the registrar for Chicago State University was not authenticated for use in Nigeria.

The supreme court on Thursday dismissed the application for leave to file fresh evidence against President Bola Tinubu by Atiku Abubakar, candidate of the Peoples Democratic Party (PDP), in the February 25 election.

Abubakar had secured an order from the US district court for the Northern District of Illinois, directing the release of Tinubu’s academic credentials.

Abubakar and PDP alleged that Tinubu submitted forged academic credentials to the Independent National Electoral Commission (INEC) to enable him to contest the election.

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However, the court held that it lacked jurisdiction to entertain an issue that was not presented during the election petition tribunal proceedings.

The court also dismissed the entire petition seeking to overturn the verdict of the tribunal which affirmed Tinubu’s election.

Agreeing with the lead judgement delivered by Inyang Okoro, Agim said there was nothing authenticating the documents obtained by the appellants.

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“The deposition for this additional evidence is inadmissible,” the justice said.

“If a document is inadmissible, you cannot ask that you should be allowed to bring it in as fresh evidence.

“A reading of the deposition exposes that it is not authenticated by the seal of the authority before whom it was issued.

“A deposition from another country to be used in Nigeria should prima facie, give features of authentication such as the official seal of the court where it is sworn or if it is before a notary public, a seal or signature.”

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He said if it is sworn in the Nigerian embassy, high commission or consulate in that country, the signature of the officer authorised to do so and the seal of the embassy, high commission or consulate must be seen.

“Such authentication is an assurance of the origin and authenticity of the foreign deposition,” Agim added.

“In our present case, the certified shorthand reporter before whom the deposition was made did not authenticate the deposition with her seal.

“She merely signed a certificate of report bearing her name and number. Being a deposition from another country, it cannot be used in Nigeria without authentication. The authentication of the oath administration is mandatory.”

Agim also expressed concerns as to why the deposition was made in the law office of Abubakar’s lawyer instead of the court which gave the order.

“I’ve wondered why the deposition made… was not made before the court,” he said.

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“And if made elsewhere in the law office of the first appellant’s attorney why was it not filed in the above-mentioned court because of the peculiar circumstances of this case and adopted as the deposition ordered to be made by the court so that it can form part of the record of the court.”

Agim also faulted the appellants for failing to secure a letter from CSU disclaiming the records Tinubu forwarded to INEC.

“I have continued to wonder why the appellant did not use the advantage of the order of the district court that the college produce documents and deposition concerning those certificates,” he said.

“Why they didn’t use that advantage to secure a letter from the college under its letterhead, seal and signature disclaiming the certificate presented by the second respondent to INEC as not one issued by the college?

“Instead, they resorted to this deposition which has no features of authentication, thereby rendering it spurious and inadmissible.”
https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.thecable.ng/chicago-state-university-deposition-was-not-authenticated-for-use-in-nigeria-supreme-court-rules/amp&ved=2ahUKEwjW6IrDkJaCAxXKQEEAHYQlB0EQFnoECAoQAQ&usg=AOvVaw0JYrHUPmp6ZdZ0DkZB1Oty


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HNICEARTH:
Because abokis are not happy they cant conquer these people, they are doing everything possible to achieve that.
However, abokis have conquered SW and issued quit notice to isese worshippers in ilorin. Even imprisoned the isese chief priest. It's hard being a voluntary slave

Oh,your Igbo? No wonder the dislike for tinubu

rolams:
In what way?

Pdp used subpoenaed witnesses to bring inec documents and agents in gayam and chiroma

mrvitalis:
It's the sad reality and the worse is people like that are in the majority

If elections hold today millions would still vote Tinubu that's the truth

Tinubu rigged yes but you need to get a certain number before you could rig if not it would be obvious like rivers and benue

You can't rig from 10% to 51% ...but you can rig from 45 to 51%

Tinubu didn't win but he got substantial votes

The fact he got that much votes should worry any Nigerian

Stop contradicting yourself.if tinubu didn't win,who won

rolams:
Hmmm!

Yesterday judgment also settled the nasarawa guber judgment.

Kukutente23:
Let me ask you how many written depositions have you seen, signed and sealed by court here in Nigeria?
Is he not the same dude that said forgery is a criminal offence and must be proven beyond reasonable doubt.
But you know the funny thing about that, after proven beyond reasonable doubt in a court, the accused works out free and goes on to contest next election with another document. It is only in a Nigerian Court that someone established to have committed forgery works out of court free even after being found guilty.
It's the same Agim who said the case bordered on national unity. One wonders what national unity has to do with whether a candidate was validly elected.
The most important document which was his certificate was not authenticated by CSU was it? They denied it in the deposition which is why Agim and his fellow honorable judges must find a way to hide from it. That's what births all the argument of court ordered deposition not certified, authenticated etc etc. Even if they were (which I think they were) the judges will still find somewhere to hide. The lead judgement already used the 180 days rule as an alibi which is all good and fair.

In the past two week,4 pdp reps were sacked for forgery.the issuing authority came to court to testify either orally or otherwise disowning the cert.
Even if they accepted the deposition,there was already reasonable doubt,forgery wasn't proven beyond doubt.the judge said atiku lawyers could have gotten the CSU to issue a letter to the court disclaiming the cert..
The fresh evidence failed to satisfy the three conditions for accepting fresh evidence which are?
1) it must not have been available as at the time of trial or couldn't have been brought to court.obviously,atiku could have gotten this since last year.
2) it must have changed the outcome of the case at the pepc.
3) it must be incontrovertible.it is controvertible already...

Infact,before submitting fresh evidence,atiku should have sought leave of the court below to amend his petition.
Infact,in the eyes of the law,there was no forgery charge as atiku never submitted it in his original petition under the 21 days period.it was snuggled much later and the pept rightly expunged it.tgerefore,the court above never had the jurisdiction to try it.infact,it was a stillbirth.

rolams:
All these states have issues na. You know this. The G-5 effect.

Diri tried compared to okowa Sha but the margin was nothing to write home about.i guess his apc counterparts were more motivated

rolams:
Add labour Party votes to the PDP to see the difference.

I didn't believe this. If PDP were not on ballot, Obi would have won Bayelsa. APC would have come second if your claim was right.

Even if you remove lp,it will be tight.in the nass elections,the margin was tight...you can't add l votes to pdp as some emanated from APC...
Diri could have done better.see the gap between apc and pdp in rivers,Edo,crs

Kukutente23:
What kind of yeye argument is this? So you want to teach US courts how to do deposition now? Nigerians will never cease to amaze me.
Which documents did Tinubu present in court?

It will look yeye to a layman.the court is talking about procedures of submitting and authenticating depositions here not how it is done there.for a foreign document to be accepted here,there are procedures which atiku failed to follow.justice agim is the most learned and experienced judge of the SC
Tinubu submitted his admission letter,affidavit from CSU etc confirming his graduation in court which were all certified

Aiel123:
Oh
That was why I asked... What did the SC say?

Exactly what pepc said that subpoenaed witnesses must accompany the petition within 21 days with their deposition.nasarawa is over.apart from the inec witness,the other subpoenaed were within reach of pdp and could have been filed earlier

Kukutente23:
Agim said that?
That's very poor of him. Is he unaware that the deposition was ordered by the court? Oh let me guess, the judge was not there so it couldn't have been genuine.

At least,it should have carried the stamp or seal of the Illinois court so that it would look like it is part of their records or a notary public or from the embassy.that is how things are certified or authenticated judicially here.all the documents from CSU presented in court by tinubu were certified by the school

rolams:
Is it 1k margin?

If not for Diri intervention, Obi would have won there. Remember how those people were controlling and intimidating voters to vote for Obi in that area.

See the result here:

The PDP scored a total of 68,818

Labour Party 49,975.

Progressives Congress (APC), 42,572

Bayelsa is the last place obi can win in ss.besiises,that is a poor margin compared to 2019

Gaabasky:
They are to fine those noisy lawyers and media house that polluted our environment.

Long time