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Misterone's Posts

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Politics › Re: Sue Tinubu With Evidence That He Rigged; Petition On Drug Won't Fly- Reno Omokri by Misterone: 9:15am On Mar 23, 2023
*Peter Obi's Petition At The Election Tribunal Is Bereft Of Statutory Allegations:*

By: *Barrister Obol Okoi Obono-Obla*

I have read a copy of the Petition filed on 21 March 2023 by the Presidential candidate of the Labour Party, Peter Obi before the Presidential Election Petition Tribunal, Abuja.
In this write, I will only dwell on two issues raised in the Petition.

They are the alleged No-qualifications of the APC presidential candidate, Asiwaju Bola Ahmed Tinubu, and the Vice President's running mate Senator Kashim Shettima.

The petitioner (Peter Obi) alleged that the President-Elect is linked to drugs or narcotics.
I will quickly submit that linkage to drugs is not one of the disqualification criteria spelled out in the Constitution of the Federal Republic of Nigeria,1999 (as amended).

Before you can be barred from contesting you must have suffered a conviction that is related to dishonesty ten years before the election you want to contest.

In the case under reference it is alleged that the case took place in 1993 which is 20 years ago.
The election Asiwaju Bola Tinubu contested took place on 25 February 2023 more than 20 years after the event complained about.
Section 137 (e) of the 1999 constitution is a perfect answer to ground one of the Petition.

It provides as follows:
He has been convicted and sentenced for an offense involving dishonesty or he has been found guilty of contravention of the Code of Conduct.
Assuming the offense in which the President-Elect amounts to a criminal conviction, ten years have elapsed.

If the conviction took place in 1993, this is almost 20 years.
The Constitution contemplates the conviction to have taken place ten years from the date of the election in which the candidate participated.
A forfeiture proceeding that doesn't end in the conviction of the defendant is not a conviction in the eye of the law.

I do not think that a forfeiture proceeding is a criminal proceeding contemplated by the Constitution.
A forfeiture proceeding is a non-conviction proceeding.

There are two types of forfeiture proceedings.
They are civil and criminal.

Civil forfeiture proceedings, for example, are directed against property (independent of any criminal proceeding) alleged to have been used in criminal activity.

In the American context, these procedures require only that the government shows probable cause that the property was implicated in criminal activity.

On the other hand, criminal forfeiture proceedings require that the defendant go through the full process of a criminal trial and suffer a conviction.
When the defendant suffers a conviction any property he has found to derive from the proceeds of a crime is seized from him and forfeited to the government.

The second ground on which Peter Obi's Petition is hinged is that the Vice President-Elect, Senator Kashim Shettima filed a double nomination (Vice Presidential and senatorial).
Assuming Shettima indulged in double nomination it cannot be a ground for an election petition. The electoral act did not say that any candidate that indulges in double nomination is liable to disqualification.

It only prescribes a term of imprisonment if the person is found guilty.
That means the person has to go through an investigation, prosecution, and conviction.

This cannot be done through an election petition.
The Presidential Election Petition Tribunal has no jurisdiction to hear and determine this part of the Petition.

Lastly, the Petitioner alleges that the Election held on 25 February 2023 was marred by corrupt practices and was not conducted in compliance with the provisions of the Electoral Act,2022.

An answer to this issue is provided in section 138 of the Electoral Act which provides that the Tribunal cannot nullify an election if it found that it was conducted in substantial compliance with the provisions of the Electoral Act.

I think the Petition is blustery and vexatious.
I do not see Peter Obi winning this case based on the facts presented in his petition and the state of the Law.
Politics › Re: Atiku's ₦12,430 Case File Vs Obi's ₦5,430 Case File by Misterone: 9:14am On Mar 23, 2023
*Peter Obi's Petition At The Election Tribunal Is Bereft Of Statutory Allegations:*

By: *Barrister Obol Okoi Obono-Obla*

I have read a copy of the Petition filed on 21 March 2023 by the Presidential candidate of the Labour Party, Peter Obi before the Presidential Election Petition Tribunal, Abuja.
In this write, I will only dwell on two issues raised in the Petition.

They are the alleged No-qualifications of the APC presidential candidate, Asiwaju Bola Ahmed Tinubu, and the Vice President's running mate Senator Kashim Shettima.

The petitioner (Peter Obi) alleged that the President-Elect is linked to drugs or narcotics.
I will quickly submit that linkage to drugs is not one of the disqualification criteria spelled out in the Constitution of the Federal Republic of Nigeria,1999 (as amended).

Before you can be barred from contesting you must have suffered a conviction that is related to dishonesty ten years before the election you want to contest.

In the case under reference it is alleged that the case took place in 1993 which is 20 years ago.
The election Asiwaju Bola Tinubu contested took place on 25 February 2023 more than 20 years after the event complained about.
Section 137 (e) of the 1999 constitution is a perfect answer to ground one of the Petition.

It provides as follows:
He has been convicted and sentenced for an offense involving dishonesty or he has been found guilty of contravention of the Code of Conduct.
Assuming the offense in which the President-Elect amounts to a criminal conviction, ten years have elapsed.

If the conviction took place in 1993, this is almost 20 years.
The Constitution contemplates the conviction to have taken place ten years from the date of the election in which the candidate participated.
A forfeiture proceeding that doesn't end in the conviction of the defendant is not a conviction in the eye of the law.

I do not think that a forfeiture proceeding is a criminal proceeding contemplated by the Constitution.
A forfeiture proceeding is a non-conviction proceeding.

There are two types of forfeiture proceedings.
They are civil and criminal.

Civil forfeiture proceedings, for example, are directed against property (independent of any criminal proceeding) alleged to have been used in criminal activity.

In the American context, these procedures require only that the government shows probable cause that the property was implicated in criminal activity.

On the other hand, criminal forfeiture proceedings require that the defendant go through the full process of a criminal trial and suffer a conviction.
When the defendant suffers a conviction any property he has found to derive from the proceeds of a crime is seized from him and forfeited to the government.

The second ground on which Peter Obi's Petition is hinged is that the Vice President-Elect, Senator Kashim Shettima filed a double nomination (Vice Presidential and senatorial).
Assuming Shettima indulged in double nomination it cannot be a ground for an election petition. The electoral act did not say that any candidate that indulges in double nomination is liable to disqualification.

It only prescribes a term of imprisonment if the person is found guilty.
That means the person has to go through an investigation, prosecution, and conviction.

This cannot be done through an election petition.
The Presidential Election Petition Tribunal has no jurisdiction to hear and determine this part of the Petition.

Lastly, the Petitioner alleges that the Election held on 25 February 2023 was marred by corrupt practices and was not conducted in compliance with the provisions of the Electoral Act,2022.

An answer to this issue is provided in section 138 of the Electoral Act which provides that the Tribunal cannot nullify an election if it found that it was conducted in substantial compliance with the provisions of the Electoral Act.

I think the Petition is blustery and vexatious.
I do not see Peter Obi winning this case based on the facts presented in his petition and the state of the Law.
Politics › Re: Chude Nnamdi Is Being Investigated For Cyberstalking – Police by Misterone: 11:31pm On Mar 22, 2023
Freebills12:
[color=#000099][/color]

I accused Tinibu of drug dealing he was even convicted though he forfeited £360000 for his release, certificate scandal, birth/age scandal, I am not talking of corruption he is baba... Let him return Obi's stolen mandate
The certificate will be returned in 2031
Politics › Re: Tinubu's Narcotics Charge; Keyamo's Defense Lies Bursted. by Misterone: 9:15pm On Mar 22, 2023
Supremos:

https://www.youtube.com/watch?v=Qz-kts5QjJA
go and burst it in a court of law. Ruuuubbish
Politics › Re: Chude Nnamdi Is Being Investigated For Cyberstalking – Police by Misterone: 9:13pm On Mar 22, 2023
Freebills12:
[color=#000099][/color]

You know we are in computer age, you will look stupid if you can't substantiate your argument. Obi did that who? Don't be ridiculous? Sunday Nwafor will answer for his crime not Obi! Are you that evil to level another person's sin to another. Why are you Yurobas so paranoid about Obi? There is no politician in Nigeria now that you can equate with him. Your hatred on him means nothing.
https://www.nairaland.com/7197654/peter-obi-evil-how-peter
Politics › Re: Chude Nnamdi Is Being Investigated For Cyberstalking – Police by Misterone: 9:02pm On Mar 22, 2023
Freebills12:
[color=#000099][/color]

You know we are in computer age, you will look stupid if you can't substantiate your argument. Obi did that who? Don't be ridiculous? Sunday Nwafor will answer for his crime not Obi! Are you that evil to level another person's sin to another. Why are you Yurobas so paranoid about Obi? There is no politician in Nigeria now that you can equate with him. Your hatred on him means nothing.
so it is now another person's sin? But you accuse Tinubu of everything wrong in Nigeria! Shebi Tinubu is now a spirit that can be everywhere at the same time?. And your Mumu never do. Obi destroyed someone's hotel in Onitsha. Obi is a criminal
Politics › Re: Sanwo-Olu Unveils Lagos Electricity Market. by Misterone: 8:52pm On Mar 22, 2023
OneTemplate:
https://www.legit.ng/business-economy/energy/1526477-sanwo-olu-announces-lagos-electricity-market-generate-1gw-solar-powered-energy-names-a-firm/
This is what we call "hit the ground running" not someone that will be looking for Oba to dethrone or making Igbos Oba in Lagos will be his priority
Politics › Re: There Is No President-elect For Nigeria At The Moment - Datti Baba-ahmed by Misterone: 8:42pm On Mar 22, 2023
nlreserve:
Tinubu has not satisfied the requirements to be declared the president-elect. Accordingly, there is no president-elect for Nigeria at the moment

https://twitter.com/i/status/1638619907771211792
https://mobile.twitter.com/channelstv/status/1638619907771211792
Oga, you are in court. Stop making stupid comments
Politics › Re: Chude Nnamdi Is Being Investigated For Cyberstalking – Police by Misterone: 8:39pm On Mar 22, 2023
Freebills12:
[color=#000099][/color]

No, it is good to investigate a crime but why arresting when the fact of cyber stalking has not yet established. From the police report they arrested him on a mere claim without court order or warrant. The police arrested this boy on Saturday and it has been more than three days, our constitution says 48 hours. Look out how law enforcement agency is flaunting the law of the land while still investigating to see if someone broke the law.
Obi did this severally when he was governor of Anambra state. There was a guy he destroyed his hotel without warrant or even investigation by the police. What of those James nwafor (Obi's man Friday) killed and dumped their carcass in the River. It is not only when it affects Obi that you guys will shout.
Politics › Re: Copy Of Letter By The US Which Cleared Tinubu Of Any Criminal Deal (Photos) by Misterone: 8:04pm On Mar 22, 2023
OfoIgbo:
That is exactly why the DEA will cooperate with Obi and send their official to Nigeria is to testify and authenticate the narcotics charges against Tinubu
No! No!! No!!! When you accuse someone of criminality, you have to involve the Nigerian police cause it is the only institution recognised by the constitution to carry out criminal investigation. Any other thing is hearsay. It is the Nigerian police that will invite whoever not Obi.
Politics › Re: Copy Of Letter By The US Which Cleared Tinubu Of Any Criminal Deal (Photos) by Misterone: 7:51pm On Mar 22, 2023
gammarays1:
When a sane man runs after a mad man naked because of his clothes, both are counted as mad men.

This applies to you.
Ozuo! We dey wait your DEA from America, Mumu! The US DEA does not have jurisdiction in Nigeria, therefore cannot present any official document in court. Obi and his lawyers are Mumu! Election cases are civil cases. When you attach a criminal conspiracy to an election case, it is throw out because you cannot prove it beyond reasonable doubt and the tribunal is not created for such cases. Obi don lule pie
PS
The Nigerian police is the agency recognised by the constitution to prosecute all criminal cases. Therefore, if Obi and his foolish lawyer are to present any incriminating document against Tinubu, that document has to be investigated by the police Before it can be tendered in court. Take note, IT IS THE POLICE THAT PROSECUTE CRIMINAL CASES IN NIGERIA NOT INDIVIDUALS OR POLITICAL PARTIES
Politics › Re: Copy Of Letter By The US Which Cleared Tinubu Of Any Criminal Deal (Photos) by Misterone: 7:44pm On Mar 22, 2023
SenatePresdo:
Tinubu the epileptic kwashiorkor stricken sacrifice for the gods is in Europe peeing on his Pampers, heart Attack wan finish the drug baron afonja black ugly monkey.

He might even kpavuka for there grin
The man no even know who you be. Next time call him His Excellency.
Politics › Re: Copy Of Letter By The US Which Cleared Tinubu Of Any Criminal Deal (Photos) by Misterone: 6:08pm On Mar 22, 2023
SenatePresdo:
Yeah, the right for a Drug Barron to rig Election, while everybody sit and watch like Urchins.

E be like una think say na only Tinubu get this country, Nigeria look like Lagos to you?

Ode grin
Mumu, you never cry finish, you just dey start
Politics › Re: Copy Of Letter By The US Which Cleared Tinubu Of Any Criminal Deal (Photos) by Misterone: 5:33pm On Mar 22, 2023
OfoIgbo:
We also want to see a bank statement showing the US government refunding Tinubu his $460,000
That will totally mean Tinubu was cleared.

Anyway, send this una document to the tribunal. Present it there.
funny people. The onus of proof is on Obi not Tinubu. And you have to prove beyond reasonable doubt.
Politics › Re: Copy Of Letter By The US Which Cleared Tinubu Of Any Criminal Deal (Photos) by Misterone: 5:27pm On Mar 22, 2023
SenatePresdo:
Fake!!!

We dey run these things for cyber Cafe.

Wait till Illinois court is Subpoenaed to testify if he ever got his hand into narcotics.

grin
yeah! The way the US government was supporting the Biafra movement. Ruuuubbish. Illinois court no, Illinois court ko. Nigeria is a sovereign state with rights. Get that into your skull
Politics › Re: Copy Of Letter By The US Which Cleared Tinubu Of Any Criminal Deal (Photos) by Misterone: 5:21pm On Mar 22, 2023
KanwuliaExtra:
This has nothing to do with your CORRUPT NIGERIAN POLICE EVIL GENIUS FORCE.
Any evidence can be obtained without your legally-jaundiced IDOWU the criminal.
Obi is going to eliminate ALL NIGERIAN FACTORS for his case. . . because we ALL know NIGERIAN MATTERS ARE IN THE DEEP POCKETS OF APC AND THEIR DRUG-BARONIC PATRON.
We don't want 'tipexed' reports please.

When such evidence is tendered. . .give it to IDOWU THE CRIMINAL to manipulate and give TO AGORRIOLA'S SUPREME COURT.
The ONLY thing OBI is getting from Nigeria are the original collated results from the polling units.
The DAFT MADMOOD was dense enough to supply the 'cooked-up' result as evidence to OBI's team. cheesy

Who wants evidence from the shitty Nigerian Police Force?
You must think Obi is as daft as Tiefnubu? grin

You are riduculous.
small pikin no get sense grin . Okay now, go and present it to the tribunal na! For your information, presenting such an evidence in court would mean you are accusing the respondent of criminality. The FG and it's agencies are the only ones that can prosecute a criminal case in Nigeria. Obi cannot present any incriminating evidence in court without the Nigerian police vetting that document. It will be thrown out like a piece of tissue paper.
Politics › Re: FCT 25% Requirement: Olisa Agbakoba Saw This Coming by Misterone: 4:55pm On Mar 22, 2023
SmartPolician:
That FCT 25% NONSENSE sounds absurd to me. FCT is often separated from the 36 states because it's a territory, not a state (they cannot call it 37 states). However, as far as the election is concerned, FCT is like every other state in the country.

BTW, if Peter Obi is hoping to use that as basis to upturn Tinubu's sham victory, then I am afraid he has no case against the Druggie because it won't work.
you just nailed it with Thor's hammer. FCT is a territory carved out from different state therefore you cannot allocate a 25% requirement on it as it would be a dublication. The thinking of the constitution is that you can use the FCT as a state if you lack the ⅔ requirement. It is in the reading of the statement that misinterpretation comes in. It should be read ⅔ in the 36 states (and the FCT) which means that the FCT is optional. The word and the FCT means the FCT is secondary, and not necessary but can aid in achieving the required result.
PS
Just like when Lagos state was the capital, then we had Ikeja as the seat of Lagos state government and Lagos Island as the seat of FG. Therefore can we then say one would have required 25% in Lagos as a state and another 25% in Lagos Island which was a federal Territory then? That would be absurd.
Politics › Re: I Didn’t Interfere, Polls Reflected Nigerians’ Choices – Buhari by Misterone: 3:45pm On Mar 22, 2023
emerged01:
Like two weeks before the election oppositions were seen singing praises of President. What has changed?
grin grin grin grin
Politics › Re: Copy Of Letter By The US Which Cleared Tinubu Of Any Criminal Deal (Photos) by Misterone: 2:11pm On Mar 22, 2023
gammarays1:
You're the child here
DEA is an institution so can give evidence in Nigeria. Go and do your research. DEA has given evidences in countries like Columbia, Mexico so who is Nigeria?

Also their evidence will be tendered in court not Police. You reason like a child.
Mumu! Ode! For you to tender any report as a professional, you must be qualified as a practicing professional in Nigeria. You can't just come to Nigeria to depose to a case. Idiot. Even if you are the best in the world, you still have to be qualified by locals under the law. Goat.
Politics › Re: Copy Of Letter By The US Which Cleared Tinubu Of Any Criminal Deal (Photos) by Misterone: 10:09am On Mar 22, 2023
Rassco:
I think the DEA will have to come and give testimony in court. Imagine the international damage?
Children everywhere! The DEA cannot give evidence in a Nigerian court, they are not qualified to do so. It is the Nigerian police that have that duty. The Nigerian police will write to the DEA requesting for information about the case. It is this information that is presented to the court by the Nigerian police. The police has already done that so this is a waste of time.
Politics › Re: Tinubu's Narcotic Conviction: A HUGE Moral Burden On Supreme Courts Justices by Misterone: 9:55am On Mar 22, 2023
helinues:
Stolen mandate with what figure.

Isn't it mockery for Peter Obi to be claiming of winning without telling us how, not even figure. How did he make the 25% in 24 states?
the petition has failed before arrival. He was suppose to prove how he won in his petition. That was why they were given time to inspect the election materials so as to correlate their figures. He did nothing of such. His petition should have said he won the election in so..so states with so...so amount of votes. Then the case would have been to confirm if that was true, but now, Obi is chasing at shadows. Leaving the petition at the mercy of the court, not knowing that the court is not a father Xmas
Politics › Re: Presidential Election Tribunal: Peter Obi's 5 Prayers by Misterone: 4:24pm On Mar 21, 2023
Yugoslavia247:
Reasonable comment.

Obi case is like simple maths equation but requires a whole day to solve.

You will see it as simple until you start solving.

All comments above are from people with zero legal experience. Bunch of market men and women with zero tolerance to learning.
The court is all about logic. Start from the foundation.

Build up.

The accused will have to defend so as long as they can while leaving loopholes.

At the end they would have shot themselves many times in the leg.
keep deceiving yourself. In election cases, you front load the evidence. No new evidence is entertained once the trial begins.
Politics › Re: Presidential Election Tribunal: Peter Obi's 5 Prayers by Misterone: 4:20pm On Mar 21, 2023
LIGHTROOM:
What do you know about court cases, you think Peter obi's lawyers are fools. You expect them to bring everything they have concerning the case to an election tribunal knowing fully well that the case will end in supreme Court.
the courts are not father Christmas. They will not give you what you don't ask for. You cannot introduce new prayers at the supreme court.
Politics › Re: PDP Recorded Sweeping Victory In Kaduna State by Misterone: 12:54pm On Mar 21, 2023
Arafat2022:
PDP recorded sweeping victory in the just concludes 2023 elections in Kaduna State

PDP has All the 3 senators
10 out of 16 house of representatives
20 out of 34 house of assembly

the announced results in the governorship election do not reflect the choice of the voters in the State.

Inec colluding with APC chieftains to manipulate the real result.

We will challenge this injustice and retrieve our mandate in Kaduna State in Sha Allah.

Thank you for voting PDP.
May PDP Succeed.
if this are your thoughts, then Atiku and Obi should not say pim. APC won both senate and House therefore they won the presidential election.
Christianity Etc › Re: RCCG Is A Christian Wing Of APC - ChimeX by Misterone: 12:30pm On Mar 21, 2023
sotall:
This is highly welcomed.

The General overseer of that church has been acting politically correct since 2015.

In the buildup to the 2023 General elections, the church leaders including the G.O became a fencist.
Sitting on the fence while politics of divisiveness and exclusion was being done.

All through the 8 years of Buhari's misrule, he never came out to condemn killings of Christians across the country.

Anyone from South south or southeast that still attend that church is a fool.
Chai! Dis thing pain Una well well. Sorry o!
Politics › Re: Nigerian Men In Diaspora Destroy Their Nigerian Passports Over The 2023 Election by Misterone: 10:59pm On Mar 20, 2023
Ndlistic:
Nigerian men tear their Nigerian passports over the outcome of the 2023 general elections.


https://www.youtube.com/watch?v=HnTWrZhiCPI
NA THEM
Politics › Re: APC's Uba Sani Wins Kaduna Governorship Election by Misterone: 10:56pm On Mar 20, 2023
Navalsadiq:
Uba sani did not win Kaduna state.

This is absurd and against the progress of our democracy.i am a kdmite and I will tell you categorically clear that APC did not win the elections
Yeah, because you be JuJu. You dey everywhere and you dey see everything. Ruuuubbish.
Politics › Re: APC's Uba Sani Wins Kaduna Governorship Election by Misterone: 10:54pm On Mar 20, 2023
Oshkosch:
The returning officer ought not to make a return because the cancelled votes is more than the margin of victory between the two candidates.
The returning officer is a biased useless professor who became a professor as a result of the quota system. I wept for my country.
stop displaying your ignorance in public. Results are declared inconclusive when an area (polling unit, ward, LG etc) is disenfranchised not when the void votes are higher than the difference between the two front runners.
Crime › Re: Nigerian Man Arrested For Trying To Smuggle Cigarettes From Nigeria To Newcastle by Misterone: 4:11pm On Mar 20, 2023
laiperi:
Sigh of relief.

This is legal cigarettes folks. It could be worse. I remember that in the late 60s Nigerian smokers used to crave for Nigerian made cigarettes in England. The problem here is the quantity.
Yeah, cigarette is legal in the UK but very expensive. The culprit is trying to avoid the duty on the cigarette. Actually, his actions may be due to ignorance like some of my brother's here who think because rice is cheaper in Benin Republic, we can just go there to buy. No, it's an offence.
Politics › Re: Nigerian Governorship Elections 2023 (Live Updates And Monitoring) by Misterone: 2:07pm On Mar 19, 2023
Henrymas:
There's no election in Lagos state. The results being declared from the polling units are the evil party apc results of intimidation and voters suppression. The Agberos and cultists, have taken full control of all nooks and crannies around the state.
The useless police force is helpless and redundant. This pseudo democracy or crazydemo, that we practice in this country, must end.
We need the Military to take over the country and restore sanity, as all our politicians had gone mad.
you guys have not been able to fight Agberos and thugs as you claim, and Una say Una wan lock down Nigeria on the 20th! Funny people
Politics › Re: Breaking: Nationwide Protest 20/03/2023 by Misterone: 9:47am On Mar 17, 2023
So you really believe the Ruuuubbish that nobody voted for Tinubu! Dreamers! Keep dreaming! 220 million Nigerians indeed.

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