₦airaland Forum

Prettychild:
I am dealing with someone who doesn't understand the difference between the tribunal's judgment and the Supreme Court judgment

olodo rabata

Supreme court ruled on pre-election.(meaning case that arise before election was conducted) The decision of the apex court doesnt stop Tribunal from sitting on litigations of the concluded election

Tribunal rule on post- election .which is mandatory for every election held.

eddieo:
OLODO, INEC will not add ANDP to the fresh election. The candidate was below 35 yars of age as at the time he was nominated by his party.

oponu so why did the court nullified election if andp will not participate in the fresh one

Prettychild:
You have not even understood the import of the tribunal's judgment. A tribunal cannot annul a judgment given by the Supreme Court. So APC can't contest. Anyway, I have no words to banter with you.

gosh
I'm dealing with someone that doesnt know difference between pre-election and post election matters.

Uncleodi:
In the university I attended, if you don't make up to 75% of total class attendance, you will not be allowed to write the final exam.

I don't know if the school you attended had such laws.

So INEC cannot be faulted here because it is guided by law.

Legislators makes the law for inec
While judiciary interpretes the law for inec

TroubleMaker47:
So In your own words, Barack Obama can come to Nigeria and run for Governor and INEC would have to wait for the court to invalidate his candidacy?


Oya..

oponu. Go and beat the judges

seunlayi:
the name on the list is useless. In an average gubernatorial election with the number of parties we are having, this is the best inec can do. Many gubernatorial candidates will start and most will just fixxle out without noticing anybody.

if inec must do it they must follow a legal process and not act outside their jurisdiction

Emyogalanya:
When you penalisepunish your children at home , which court ruled that they should be punished or when you buy them cloths why not wait for a court to decide if you are to buy it for them or for the court to tell you what size to buy. We have a law that says below 35 is not ok for such post. But in your mind you want inec to conduct the election with them and now run to court to sue who ? The party ? Or inec ? If you are the judge and such a case comes up won't you slap the person. How do you expect inec carry on with the election after Having called the attention of the party to the error. Its a pity. But we all know that you are fighting hard not for andp but for apc stop hiding behind them come out fully

oga dont bore me with too much rhetorics. If you believe inec has power to disqualify a Candidate or political party , I will advised you to join inec legal team.
Cos tribunal ruling is in line with supreme court 2007 judgment.

seunayantokun:
Please read up the judgements by the three members of the Tribunal, INEC's position, the electoral law and the constitution which is supreme and make a good judgement for yourself. We should know what the court will say if appealed.

two wrongs dont make a right.
If andp was wrong not meeting up to substitution deadline, inec too was wrong in removing the party from ballot without obtaining court order to that effect

CheGuevara101:
The way you're taking this matter ehn....my brother it will surely end in premium tears for you. The case is already dead on arrival.

yeah. The case is simple as ABC, in 2007 supreme court ruled that inec has no power to disqualify a party or candidate. You re free to dream but the reality is inec erred.

Just discovered inec notification to Andp was after the deadline for substition has passed
Inec have a bad case but lawyers will always cash out

Dedetwo:
Please can you detail the functions and powers of INEC?

not my business.

If inec was right in disqualifing a candidate without court order you can apply to join their legal team in next court sitting

Emyogalanya:
In breach of the law or within electoral laws?

it is left to the court to decide who breach the laws not inec

CheGuevara101:
You're just creating a mountain out of a mole hill. Read what you wrote over and over again and ask yourself if truly you're making sense.

You don't even know the implication of what you're talking about.

Meaning that even a teenager can just wake up tomorrow register a party and contest for an election since inec doesn't have the power to stop him or her?

Guy, think, think before you talk.

oga go and sit down. Did andp use a teenager.

The bone of Contention is who have the power to disqualify a Candidate between inec and court

Sunnyja:
You have to be qualified first in order for you to participate!

political party is qualified for election.so inec have no power to disqualify their party

rickyrex:
so you are saying that even if inec state the requirements of contesting for an election and a party default it, inec has no right to kick such person knowing that what was presented was forged or not what was required by inec

they can only remove such person by obtaining court order.

Sunnyja:
So if a confused political party decides to submit the name of a ten years old to INEC is name must be printed on the ballot against the constitutional provisions that says you can only vote and be voted for from the age of 18? Even when INEC wrote to the party citing the constitutional infractions the party is allowed to play on our sensibilities simply because they feel that INEC has no power to remove an ineligible candidate?!

well court dont rule on emotion. It will won't take anything from inec to get a court order to stop any political party that didnt meet up with requirements in order to avoid unnecessary legal issues.

FlipModeSquade:
Well,na siddon look we dey..
No be today a higher Court dey overturn Tribunal judgement..

supreme court in 2007 has already ruled that inec has no power to remove candidate or party. The decision lies with the court.

Recent cases like APC in zamfara, rivers, bayelsa is an example where only court disqualified their party and candidates that participated in election

CheGuevara101:
Inec was set up by an act of parliament and as such it has its laws as regards election eligibility. It's that too hard to sink into your skull?

maybe you lack comprehension .
Inec laws is for conduct and supervision of election.
If any political party candidate didnt meet up with inec requirement , the matter has to go to the court and inec will be issued a valid court order to back their claim.

If inec fail to approach the court , whatever actions they took regards to the candidate is nullity.

Clear terms. If you catch a thief stealing from your house, you have to charge him to court with your evidence.
If the thief die as a result injuries he sustained from beating you will be charge for murder, cos no court pronounce the thief guilty

FlipModeSquade:
So all the ones INEC have been removing all over the place,na who dey remove them?

they re wrong. Because other political parties dont have resources to charge them to court doesnt mean they re doing the right thing.
Andp has approached the court and Tribunal is saying inec doesnt have the power to remove /disqualify a candidate

kcnwaigbo:
Bros the case will be thrown out at the higher courts

on what ground?

NORSIYK:
Does election tribunal has the power to hear pre-election matter?

I'm not sure but this case is not a Pre-election matter

Solsix:
What are the powers of inec then?? Just counting votes??

conduct and ,supervise election.

CheGuevara101:
You're biggest olodo in the world that I've ever come across.

So you mean anybody can just register and participate in any election irrespective of the laws governing inec?

Wonders shall never end on NAIRALAND.

oponu, andp is a Registered political party was trying to make issues clear.

The bone of contention is who have power to disqualify a Candidate/party
Inec or court?

Geonigga:
it seems you are missing the point, if INEC has no right as an election umpire what is the essence of verification by INEC, I know you are crassly ignorant about this point raised.

supreme court in landmark judgment in 2007 has already ruled that the power to disqualify a party/ candidate lies with the court.

Inec duty is to conduct and supervise election process.

waziri4biz:
The case was a pre election matter young man...

which case

kcnwaigbo:
Don't worry about INEC power.You will ponder whether the candidate was even qualified at all.

andp eligibility, that is another case entirely and the time to challenge it has passed.

What court rule on yesterday is who have power to disqualify can't , unfortunately inec doesn't have such constitutional power.

kcnwaigbo:
Don't worry the appeal and supreme court will rule on the eligibility

supreme court have already ruled that inec has no power to disqualify a Candidate without a court order.
APC, PDP , ANDP should all go and prepare for fresh Election.

kcnwaigbo:
Oh so you even know it's a pre-election matter and yet you think to the tribunal still had jurisdiction to rule on it

you re stressing my brain.

The matter tribunal ruled on was omission of Andp from 2019 election not eligibility.

LadyExcellency:
You mean to tell us that INEC rules should be enforced by the Court?

Why don't you use your line of thought to empirically connect schools, civil service, financial sectors to this argument. Procedures are guidelines. To be a candidate, you must first qualify. Without qualification, the party got no right to dictate to the electoral body on how to apply the rules to the contrary as express by the tribunal minority opinion

agreed andp didnt meet up with the substitution window according to inec
The bone of contention is who have the power to disqualify a candidate/party in election?

Is it the inec or court?

It was court that disqualfied APC in zamfara, Rivers, bayelsa not inec.

kcnwaigbo:
Then the higher courts will do the needful and disqualify the ineligible candidate.

BTW I thought you were boasting just yesterday that INEC won't appeal the judgement?

funny the ineligibility of the andpcandidate is a pre-election that should have been taken up by inec or another party. Nobody challenge it court until this moment.

So the case before the court now is why inec excluded andp without court order

seunlayi:
underage - the party accepted this already by substituting the candidate but it was LATE. Stop defending was is not

so if there is no substitution of candidate for fresh Election . tell me how inec will add andp to fresh Election that the court orderd?

AAA593:
You're not making sense at all and your level of ignorance in this matter is legendary

you re the one to borrow yourself sense.

What is the meaning of the word void ab initio?

AAA593:
And Orientation101 is here deceiving people

you re the one decieving your self.

Bayelsa 2019 election never existed according to court ruling yesterday .the election is now " void ab initio"