₦airaland Forum

favor914:
Keep deceiving yourself, Jobless Obidient, you Incoherent Children, are too oblivious, you never seem to learn?

Hopefully you will contribute to the hefty fine about to be hammered on APM for wasting the court’s time?

Obnoxious Mumurist.

Is English your problem?😂

This shows that even this Invalid nomination is easier to dismiss than double nomination argument.

Penguin2:
Lol!

You have moved from denying that Vice Presidents and Deputy Governors are bound by the 14 days to now arguing that APC actually beat the deadline. We are getting somewhere.

But I need to point out something to you, why are you dwelling on DOUBLE NOMINATION and ignoring the second leg of the case which is INVALID NOMINATION?

Need I remind you that the petitioners, Obi and LP, approached the court and petitioned Shettima on the basis of APC’s letter dated 6th July, 2022. Now, had INEC accepted that they received the letter on 6th July, Shettima will be guilty of double nomination.

But INEC, in trying to help APC, argued that even though APC’s letter is dated 6th July, they received it on 13th July.

Now, I want to ask you, in your thinking, when was Shettima nominated as APC Vice Presidential candidate in the eyes of the law?

Is it the day the letter was written (6th July)?

Or the day the letter was delivered to and acknowledged by INEC (13th July)?

If you read the supreme court's judgement on double nomination, they never quoted 13th July. They said the letter before them shows that Shettima withdrew on 6th July. They dismissed the case based on the fact that:

1) PDP has no locus standi.
2) This idea of double nomination for a VP makes no sense and even Atiku was doubly nominated by Obasanjo.

I can give you the full judgement here. In double nomination, the law spoke more of officials who should be elected.

This is a quote from the supreme court judgement too, they never banked on 13th of July for double nomination.

"Shettima withdrew his senate nomination on 6th July 2022 and was subsequently replaced. At this point, he was no longer a candidate for the Senate, and as such his position as vice president, did not constitute a multiple nomination breach".

Penguin2:
The day Shettima became the Vice Presidential candidate of the APC is the day INEC received the letter nominating him as such. The date on the letter is immaterial. No law says letters must be delivered the day they are written.

And this response you are talking about is to DOUBLE NOMINATION while APM is contesting INVALID NOMINATION.

Need I remind you that Shettima was actually nominated on 6th July. But in trying to beat the DOUBLE NOMINATION trap, they got INEC to lie that they received the letter on the 13th of July, 2022. But in so doing, Tinubu and APC ran into INVALID NOMINATION for staying 6 days (outside the law) without a running mate.

No you are wrong. The law says they must submit the name of the new candidate to INEC within 14 days.
That letter of withdrawal is what INEC has officially which is the letter from APC indicating that Shettima would be the VP. That's the letter the supreme court also took from INEC that defeats double nomination. Except you have another letter from the APC after that date tendering Shettima's name. If INEC received the letter 13th of July, then it's not the fault of the APC.

Section 33 once more says:

the political party affected shall, within 14 days of the occurrence of the event, hold a fresh primary election to produce and submit a fresh candidate to the Commission for the election concerned.


You see that the emphasis here is not when the candidate is officially unveiled to the public but when the new candidate is named and his name submitted to INEC.

In this case, the letter to INEC from APC is the evidence of submission and it was written 6th July.

So two points I have against your case:

1) I don't think Vice presidents and Deputy Governors were the focus of section 29 and 33.

2) Even if we agree they were, INEC says the letter they have from APC is on the 6th of July.

Penguin2:
Just answer a simple question….

If the presidential or governorship candidate which requires a more cumbersome process of new primaries MUST be replaced within 14 days in case of death or withdrawal, why do you think a less cumbersome process of selection should be allowed, in law, to run for a longer period?

I don't think it applies but even if it does, this is what INEC said today in their written response to the Double nomination case:

Responding to allegations of Mr Shettima’s double nomination, Mr Mahmoud, a Senior Advocate of Nigeria (SAN), said the APC had, in a letter dated 6 July 2022, received on 13 July 2022 by INEC, withdrawn his candidacy for Borno Central Senatorial District to clear the way for his nomination as Mr Tinubu’s running mate.

This means INEC has a letter dated 6th July 2023 (12 days after).

Supreme court also accepted this letter from INEC while dismissing the idea of double nomination in the case of the vice president. So end of story.

APM's case is useless and would likely be dismissed with a fine.

Finally, in case of double nomination, Supreme court also affirmed based on the letter of withdrawal from the senate Shettima filed that it was also dated 6th of July. This would mean Shettima through the APC in a letter to INEC withdrew his Senatorial bid to clear his way for nomination but the letter was received by INEC on 13th of July.

If the letter indicates that the reason for withdrawal from the senate was to clear his way to be nominated as VP then that settles it. The letter dated 6th July destroyed both cases.

Penguin2:
You keep missing my point….

Even the title of your article has “risky” in it. And that’s former INEC staff warning of the dangers of the practice of having placeholders.

But my contention here, which is the provision of the law, is that whatever anyone is doing, new primary, appointment, selection, etc, MUST happen within 14 days.

Take note of the word MUST as used in the Electoral Act which goes to prove that there’s no room for malleability about that provision.

Whatever you are doing here are mere conjectures.

My article puts risky because they feared the candidates may refuse to step down. Remember it was both APC and LP who had placeholder at that time. If you read through the entire article that was the concern.

As to what I bolded in your reply, I don't think the law states that exactly as is made clear in my Punch article. It doesn't speak of selected/nominated candidates. If it does, then quote it fully for me. This is section 33 of the electoral act:

A political party shall not be allowed to change or substitute its candidate whose name has been submitted under section 29 of this Act, except in the case of death or
withdrawal by the candidate:
Provided that in the case of such withdrawal or death of a candidate, the political party affected shall, within 14 days of the occurrence of the event, hold a fresh primary election to produce and submit a fresh candidate to the Commission for the election concerned.

The bolded in my last reply from the article addresses your point, letting you know that the electoral act was silent on vice presidents and deputy Governors who are nominated and this was why both Tinubu and Obi were probably taking their time because they knew they could replace their placeholders anytime.

Biola67:
maar dat is de waarheid

Du meinst: Das ist die Wahrheit. 😄

Urheadmaster:
The same situation over here in Germany very hard to find a friend and worst of it all, they don't speak English which makes it harder

Aber warum schreibst du so über Deutschland?

Penguin2:
In essence you are saying therefore, that INEC has been breaking the law by giving a stipulated timeframe for which gubernatorial and presidential candidates must nominate running mates?

INEC was just giving them deadlines for the sake of order. As long as every withdrawal is done 90 days before election, you are cool except those party candidates who do primary elections.

Read towards the end of this article in 2022.

"He said, “The political parties are just taking advantage of the provision of the Electoral Act: Section 33 permits the candidates to withdraw or an account of death, may be substituted. The political party will conduct another primary election. Or if he voluntarily withdraws, the political party that is affected must within 14 days conduct fresh primary elections to produce another candidate.

“However, in the case of vice-presidents and deputy governors, they don’t conduct primary for them, so the political parties see that as an opening that they can change the names anytime without conducting any primaries.

“That is what they are using but the Electoral Act itself is silent on it. I believe it is the primary that brings in the presidential and governorship candidate but when conducting that nobody talks about the vice-president or the deputy governorship elections".

https://punchng.com/presidential-poll-interim-running-mates-risky-ex-inec-chiefs-warn-apc-lp/?amp

Penguin2:
That a primary election is not needed, isn’t that the reason it should be faster?

Or why would the law stipulate 14 days for a more cumbersome process that requires new primaries but allow an infinite amount of days for a process that just requires appointment?

Again, are you oblivious of the Supreme Court ruling that the governor and his deputy, and by implication, president and vice, that are tied to the same umbilical chord?

Even in the constitution the requirements for the office of the Vice President is the same as for the president.

Why then would it be the replacement of a Vice President who withdraws that would not conform with the timeline required of the president?

The law is speaking of candidates who emerge via elections in their party. A vice president is simply nominated not elected, so I don't see how those rules apply to a vice president. Same with this whole double nomination brouhaha. Where in the law does it indicate that candidates who are nominated are subject to double nomination scrutiny as long as they resign from the other position 90 days before the election? Atiku was to be Governor of Adamawa but then was nominated by Obasanjo.

Simply put, a vice president is totally at the discretion of the president and it's a nomination. Section 33 Law speaks only of candidates who undergo primary elections.

Penguin2:
Yea.

Thank you for producing the section.

So that section speaks about conducting primary election within 14 days, are primary elections conducted for vice presidents?

Vaax, this should be the 4th time Talon of Benin Republic is visiting Tinubu since fuel subsidy removal. I don't think he even showed up for Tinubu's inauguration but after the subsidy removal, my guy nor won allow Tinubu rest. Even in Paris he had to visit Tinubu at his residence.

Mkenya2019:
Taxes are necessary to pay off Eurobond principal that is due this year - we need about 300-400B KES more - as our debt servicing will increase from 1.3/1.4 to 1.7/1.8 trillion.Then after that - our debt servicing will drop to 1.3 trillion.

In short we have one difficult year - and we would have escaped Ghana type of default mess.

This fear of not becoming like Ghana and Zambia in defaulting is killing some African countries silently.
Ghana and Zambia are now enrolled by World financial bodies amongst the 37 poor indebted countries. They may not access Eurobond market anytime soon, but this classification allows them get help and remove pressure off their necks.

Penguin2:
The Supreme Court settled DOUBLE NOMINATION.

The Supreme Court did not adjudicate on INVALID NOMINATION.

The crux of the matter here is that the window allowed in law for substitution of a candidate who withdraws his candidacy is 14 days but Tinubu stayed 21 days.

APM’s argument is that for 7 days after the expiration of Constitutionally allowed 14 days, Tinubu was an invalid candidate which by implication invalidated his nomination entirely.

Was that what the Supreme Court adjudicated on?

Is this the part of the law you are talking about? Section 33 ba?

lexy2014:
I didn't ask "if 14days was mentioned". I asked Where was primary election for VP mentioned in the article?

Don't you understand the difference between "where" and "what"?

Where did I say primary election for VP was mentioned in the article. Don't you understand English you read?

chrisxxx:
I am not speaking in defense of Obi here. All I am telling you is that Obi being a popular candidate saying it made others to key into that.

And I'm telling you that's balderdash. When did Obi start speaking about it?

YouAreNobody:
I don't know if you agbadorians think everyone has no memory like you guys. You think we've forgotten the Ojota protests where TInubu and Buhari organized and said there's nothing like subsidy?

Mehn u guys need deliverance

Yeah probably because in 2012, he felt oil prices were high and he didn't trust Jonathan in terms of corruption but in 2015 when oil prices slumped to like 30 naira from 100 naira in 2012, that was a good time to begin to remove the fuel subsidy and he advised Buhari to do that then.

chrisxxx:
On fuel subsidy removal it was Obi who out us into this shit. Obi first said he would remove fuel subsidy. This emboldened other presidential candidates to say the same. That is why no one could protest since Obi had earlier said it.

Tinubu had spoken against fuel subsidy since 2015 at the time your Obi was only speaking of having one shoe and one wristwatch.

Killermamba:
you read the article at all?

Where did you see nomination in section 33 of the law? Does a nominated candidate conduct primary election?

lexy2014:
Offpoint. That isn't what I asked you.

Where was primary election for VP mentioned in the article?

Lol. 14 days was mentioned in the article. My attachment which mentions primary election quotes the section 33 that speaks about the 14 days that was mentioned in the article.
Any other useless question?

lexy2014:
Where was primary election for VP mentioned in the article?

This is the law on the 14 days deadline or do you have another section they are relying on?

Goodman2023:
It's obvious you want to interpret it with your lay man's understanding...but at this point, you have to agree that for someone to pay over a million to become a lawyer in this Nigerian educational system, it means he is trying to acquire a knowledge you cannot buy at oshodi market...

It's either the law or nothing... when lawyers are talking about the constitution and electoral laws, just close yourouth and listen
Who see this your comment now go think say you no finish primary school..

So Tinubu's lawyers are not lawyers but historians ba?

gallivant:
Every week there is a protest in Kenya. Protests of taxes, logging ban, gender rights, drinking and driving ban, elections etc. I know and the police know this is part of being Kenyan, and it's protected in the constitution. So on Wednesday, I tell the protesters to bring it, it won't change a thing.

In the context of Nigeria, I'm only at peace with protests that occur in Abuja. When it's anywhere else in Nigeria I shudder, I don't know why.

BluntCrazeMan:
I asked you a question naa..

I didn't make a statement.
So, you want me to quote what??
(Section-142(1) of the Nigerian Constitution)

This is section 142 (1). It has nothing to do with your case

(1) In any election to which the foregoing provisions of this Part of this Chapter relate, a candidate for an election to the office of President shall not be deemed to be validly nominated unless he nominates another candidate as his associate from the same political party for his running for the office of President, who is to occupy the office of Vice-President and that candidate shall be deemed to have been duly elected to the office of Vice-President if the candidate for an election to the office of President who nominated him as such associate is duly elected as President in accordance with the provisions aforesaid.
More: https://jurist.ng/constitution/sec-142

BluntCrazeMan:
How Long does The LAW allow any presidential candidate to stay alone without having a running mate.??

Quote it for me.

BluntCrazeMan:
THE WORD IS NOMINATION..


The two of them are co-candidates..


Thus,, He Got Nominated, and that's all that matters..

The method they used to achieve the nomination is an Internal Party Affair..
(Remember Lawan and Machina Case.??)

The law speaks about fresh primary election.

MrColdsweat:
You agree shetimma was nominated at an earlier date, you get hooked for double nomination. Agree it was a later date, you get hooked for invalid nomination cos the 14 days had elapsed.

How do they get out to this?

Vice president doesn't need primary election

Vice president doesn't need primary election.

vankelvin:
Why not consult google?

You just make wild claims all in the name of yabbing.