₦airaland Forum

When people ignorantly call Mary Odili and cast aspersions at her I just wonder! She did not author or read the lead judgement; she is one out of 5 judges; she was only the presiding judge by reason of rank ie seniority. What is wrong with some of you?

ZAWs:
Supreme court don't originate cases.
But in this case, nonsense mary odili gave a verdict on an election matter that was never existed anywhere.
Mary Odili was given a little test, but she didn't only failed woefully, but also exhibited her devilish attitude.

yarimo:
it shall never be well with justice ODILI by the grace of God

I wonder though whether Falana averted his mind to the fact that after the conclusion of a case there is a right of appeal which must be exercised within a certain timeframe after which the principle of effluxion of time comes into play.

A pre-election matter doesn't suddenly become a post-election matter just because an election has taken place when the appellant party still has a cause of action and has not run out of time to file an appeal. The law does not say that the court of appeal is the court of final judgement rather it is the Supreme court on pre-election issues.

The mere conduct of an election does not override the right of appeal of any party.

It would be necessary to see the court's decision and its reasons before taking any position. With this long epistle it may just be that the prosecution witnesses did not offer cogent testimonies or were so discredited upon cross examination that the court would be unable to attach any weight to their submissions enough to ground continued detention or a conviction.

helinues:
Why can't the guy also let the sleeping dog lies?

So if you were detained by the DSS for 10 weeks like this man without any charge, breaching your fundamental rights just for owning a son card previously used a d dumped by the president's daughter, you will just go to sleep and not seek justice?

That will probably be because you'd have been guilty of attempting to use the kine to commit fraud as some idiots have been trying to claim!

Sylraph1:
Abba kyari overriding the president while we have a vice president.....
Last time I checked,the position occupied by Abba kyari isn't Constitutional...so I just have One question to ask...

WHERE IS OUR VICE PRESIDENT...Yemi OSIBANJO?

I'm sure they have his full video that's why he's been unable to talk especially since this 2019 2nd term began. Look at for him at the next high level burial. The last was Udom Emmanuel's father's burial.

Awesome! Just what we need in this country! Let them continue playing ten-ten with security issues to the detriment of others because that is how their religion and culture has indoctrinated them.

Oh Chineke! By the time Kyari, his puppet Buhari and crew leave office by whatever means, Nigerians go see better, custom-made, government approved corruption!

Abang's order followed a publication by Nigerian Concord, claiming the court had concluded plans to jail at all cost, a former Benue governor Gabriel Suswam, who is standing trial over alleged N3.1 billion fraud; which was republished by Igbere TV while also giving full credits to the online platform (Nigerian Concord) on whose website the story first appeared.

Stupid Judge! News appears on Nig Concord, you start looking for Igbere TV publisher to arrest when they gave full credit to the same Concord as their source! Why didn't he order the arrest of the first news source?

Buhari no talk! Isa Pantami say no comment! Na una wan die for dem! Well y'all are brothers in blood, culture, religion and region so feel free to engage!

989900:
LoL.

They should have just kept mute and let the brouhaha taper off.

An EFCC officer that bought 2 SUVs worth 7m within 3 months is not corrupt, is he? They buy off houses . . . leave above their pay grade by many miles . . . Yahoo boys chasing yahoo boys.

This country is ruined!

Ole ni everybody . . .

I got setup by traffic officials in Lagos and got extorted off a huge sum, is that not corruption?

Even Buhari and APC scammed us all, is that not corruption?


When a semi-illiterate like Magu (quota system product)) heads an intelligence unit like the EFCC, is that not corruption?

And we want a country that works?!!

Wetin happen? You no support again? You actively supported and voted Buhari and you want a country that works? The Magu you are yabbing now, whi has left him in acting capacity for 5 years now? Una well done o!

When will the minister of petroleum be summoned to answer for these issues and take responsibility?

No need for long stories. Even Buhari has admitted shock and surprise at the heightened insecurity and increased rates of killings in the country. Ishaq Akintola is just a silly child seeking relevance.

J111333:
I trust IPOB guys to start their earlier conspiracy that Buhari is dead and that the strange persons are Jubril and the cabal.

Let's be real here, what positive scenario can you paint out of this mess? Even if the Jibril theory is ignored, is the so called Buhari competent even to serve as president? This explains why he's surprised at the degeneration of security in the country because he's simply not in charge.
Will one who claims to be as patriotic as he does sit back and hand the country he supposedly leads to a stranger who shouldn't be in charge of sensitive leadership issues? It is either he's no Nigerian but some masquerade or he is an absolutely incompetent dullard!

[quote author=IsioStar1 post=86735436][/quote]NJC has already done that since October last year but Buhari has as usual failed to take action. That is how he has left the Federal Character Commission that should constitutionally have 37 commissioners, one from each state and the FCT, with just one commissioner whose tenure expires in April.

Eteka1:
But they would like Mary Odili who is from Mbise and Married to Peter Odili on the case right? Bunch of hypocrites.

It is not PDP's fault that Buhari has failed to conclude the process of appointing more justices to the Supreme Court having just 13 judicial officers serving and knowing that the court is entitled to at most 21 justices. With 13, you cannot even get a completely fresh panel outside the original 7 that heard the issue initially.

In the real sense if you will be honest, it is only proper that it is not the same Judges that heard and decided the matter before that should revisit it for purposes of neutrality and fairness.

Dansuqi:
It still amounts to validly not elected

Once disqualified, you are not even in the running to be elected. Section 14(2) refers to an election tribunal/court. An election tribunal is only constituted after an election is conducted and not before. In other words, matters in an election tribunal and further appeal to higher courts are post-election issues.

For Bayelsa, it is a pre-election matter that was taken to a regular high court and not an election tribunal because elections had not taken place at the time the cause of action arose. This section of the Electoral Act is therefore not applicable.

Elections and votes are for parties which sponsor individuals. It is not a party that will swear an oath of office and execute the functions of whatever office elections are held for. Therefore, no party can stand or Contest elections without individual representatives flying the flag of that party. If they posses wrongful 0r deficient qualifications or they are removed on any other valid grounds for disqualification, the party also falls. That is why parties must screen and conduct primaries before they are nominated to INEC. If they fail in that responsibility, they bear the brunt of any negative outcome.

Then there needs to be a review of the presidential election matter! Buhari a d his APC have so adversely interfered with and tampered with the judiciary and INEC that elections are now a sham riddled with inconsistencies while the Apex court passes strange judgements and is no longer sure of itself! When in the history of this country have had such a rash of 'reviews'?

Kay17:
How is a misarrangment of your names false information? Did the Supreme Court take evidence of what it takes to change one's name on a certificate?

Yes the court did. The high court already did actually and then the Supreme court affirmed the judgement of the high court while quashing that of the court of appeal.
The court stated clearly that only the issuing authority 9f a certificate has the power to correct or effect name changes if the owner of such certificate claims there was an error or something fundamental was added or removed. He didn't comply with that.

Mis-arrangement is 'ABC'; CAB' for example. Meaning those same names will appear consistently but perhaps not on the same order. In this instance however, you have:
1. Degi Biobragha (First School Leaving Certificate)
2. Adegi Brokumo (WAEC/GCE)
3. Degi Biobarakuma Wanagwa (First Degree)

He then swears affidavits claiming his correct names are:
4. Biobarakuma Degi (9 Aug 2018)
5. Biobarakuma Wanagha Degi Eremienyo (18 Sept 2018)

How much consistency is there to these names? Why would 2 affidavits sworn within 1 month of each other have such differences in names when he isn't a woman that maybe got married and took on her husband's name?

Dansuqi:
The answer is that doing so doesn't amount to forgery.

If you attempt to effect a change on a certificate outside the power and approval of the issuing authority, you have become a forgery candidate destined for jail if charged to court.

Dansuqi:
He had a sworn affidavit which is crucial

And that is not the correct procedure for effecting a change of name. The judge outlined the process which is:

- It is only an issuing institution that has the power to change the names on the certificate it issued. This as applicable when you allege that your name is not properly spelt, that someone other name is added, etc. A mere affidavit does not cure the defect.

- A notary public before which such declaration is done must be properly identifiable. In his case there was no name and so the notary public is untraceable. That's a fundamental flaw.

- Change of name is effected by means of deed poll. He did not comply with this. Like I said, affidavit is not enough. Even his affidavits had discrepancies in them including that of his age declaration.

Dansuqi:
So that is the only evidence that can prove or satisfy the clause beyond reasonable doubt?

With respect to the facts in issue, yes, that is all that was required. Degi's lawyers aren't fools. They had all the issues and evidence the PDP intended to rely on before them. If they felt proof and evidence were not sufficient, they would have argued same before the court. Having failed to do so and being unable convince the court otherwise, they are bound by the final judgement of the court.

Dansuqi:
What does the constitution and evidence act provides for as the standard for proving forgery

Standard of proof is beyond reasonable doubt. PDP achieved that by showing the oddity of different names on different certificates yet claimed by one man and failure to use proper procedure for effecting corrections if names are claimed to have been mistaken.

Degi and his team were not able to disprove those facts and they are bound by them. The court is therefore convinced beyond all reasonable doubt that the certificates bear evidence of forgery.

Dansuqi:
Is discrepancies now a crime or fundamental enough to prove forgery? Is pointing out same as proving beyond reasonable doubt

Discrepancies of such a fundamental nature amount to fraud and forgery. Why are you very careful in making sure that your name appears as is in your passport especially when you apply for a Visa?

Dansuqi:
Pdp alleged so needed to proof.see atiku vs buhari 2019 supra.
You need both documentary and verbal evidences.your arguments is the same thing,if there is discrepancies in names,it means that he may not be the owner.

They proved their allegation by pointing out the discrepancies in the names on all certificates compared to his current name as deputy governorship candidate, the irregularities of using mere affidavits and a faceless, unknown notary public. That was the issue and not whether he got them from any institution or not.

Caseless:
Silva fvcked up by hoisting that man on them.

And that is the selfishness of politics and godfatherism

Dansuqi:
Pdp were supposed to call those authorities that issued the certificstes to testify

Actually, if there was any need to call the institution, that would have been APC's responsibility. However PDP was not arguing the authenticity or otherwise of those certificates, rather ownership was the crux of the matter because the name of the deputy Gov candidate did not match the documents he tendered at INEC. I hope you can see the difference?

TheFearless:
[/b]Do you think David Lyon will ever forgive his supposed deputy for such a very expensive negligence?[b]

My question is :[/b] why didn't the court simply punish his deputy for giving INEC false information rather than involving David Lyon who is innocent?[b]

Lawyers in the house, please I need clarification

It's a joint ticket, they float or sink together. As you know, no candidate can stand for election without the 2nd ie for Executive positions. If the deputy candidate was not qualified and ought not to have stood for elections, the governorship candidate is also not qualified to contest alone on a ticket. What affects one affects the other.

greggng:
You don't know anything about how court operate. They are not father Xmas that will give you what u didn't ask for. The two cases are different . In imo apc result from a certain unit was excluded fraudulently ...pdp claimed the said result from those units where forged. The apex court now ask them to present evidence to prove that a result of a unit signed by Inec officials deployed to those units where fraud...but they had no answer to that question . The supreme court asked apc candidate to present the result of those units and they gladly presented it and Inec didn't deny it...The question a man with conscience should ask is ....why was those result excluded and for what reason? If you cannot answer this question then keep quiet and Bury your face in shame for aiding and abating fraud. The question about supreme court not counting the result to ascertain what each party got is irrelevant cos pdp never believed in the existence of that result...They can't benefit from their misfortune...Elementary school law student knows about it.

So how do you reconcile the fact that there are now more votes than accredited voters?

Ilekokonit:
If you look at the judgement, it states that the election was held on November 16 2020. Does this mean that they don't have proof readers in the Supreme Court ? And does this amateurish error mean APC have grounds to challenge the judgement ?

Lawyers in the house, what sayeth thee ?

It's only a clerical error that doesn't affect the substance of the judgement. Besides November 2020 has not happened so if APC decides to raise issues of that date beyond the correction of a mere typo, they'll have to explain why they were in court for elections that haven't even taken place!

engineerboat:
Inec had said they stick to their original Election results

They only obeyed SC because it's an order.

The original election results after voiding the fraudulent APC votes!

Iamgrey5:
Actually this further proves the judgment was very political

There's no evidence the certificates were
forged

No one came forward that the other names belonged to them

Forgery is a serious criminal case that needs to be proved beyond reasonable doubt.

The evidence of forgery is clear and right before your eyes! Using/having different names on different certificates automatically questions their authenticity when put together and all are claimed by one person. It doesn't mean there must be someone else that must come forward to claim that his identity was stolen.