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Nairaland Forum / Nairaland / General / Politics / Atiku's Citizenship Saga: Do You Think The Case Has Merit? (1384 Views)
Malami: I Didn’t File Any Suit Against Atiku’s Citizenship / Kazeem Tanimu Replies APC About Atiku’s Citizenship Claims, Calls Them Lairs / Nigerian By Birth: A Dissection Of Atiku's Citizenship (2) (3) (4)
Atiku's Citizenship Saga: Do You Think The Case Has Merit? by Penguin2: 1:58pm On Apr 06, 2021 |
I am not a lawyer but having followed a lot of legal tussles and red a lot of legal judgments, I think I'm informed enough to speak in matters of jurisprudence. When Atiku's case of citizenship was first mentioned in 2019, we laughed it off as a joke. But the case has been dusted up again with the Attorney General of the Federation deposing to an affidavit in support of the case. That's some big case there, men. Now, having taken time to read through the arguments and counterarguments of counsels in the case, I am tempted to admit that the case has MERIT. The law is bitch. And has no place for our feelings and sentiments no matter how loud we shout. There are some few things we need to highlight:- First, the Constitution of the Federal Republic of Nigeria, 1960, 1963, 1979 and 1999, explicitly stated, without any form of ambiguity or equivocation, in sections 26 and 27, that anyone aspiring to be President or even Vice President of Nigeria must be a "CITIZEN BY BIRTH". Second, it is true and without contest, that Atiku was born in 1946 in what was then Northern Cameroon. However, by the plebiscite of 1961, Northern Cameroon voted to become part of Nigeria. By which time Atiku's parents had died. So it therefore means that Atiku is a citizen of Nigeria by "PLEBISCITE" and not by "BIRTH". Third, the argument that the case is absurd because Atiku had been a commissioned officer of the Nigerian Customs, the Governor of Adamawa and ultimately the Vice President of the Federal republic, is flawed. Because that Atiku has never been challenged all these times does not make his being challenged now absurd or illogical or illegal. In worst case scenario, if this case succeeds, he will possibly be stripped of the privileges he enjoys for all those heights he has gotten to because he got there in error and on wrong foundation. Well, these are just my thoughts and analysis of the matter. What's yours? Note: I'm a PDP apologist and if anything, I'm rooting for PDP to repeat the 2019 Atiku/Obi ticket. This is purely reason taking precedence over sentiments. I said this so you contribute constructively and not see this piece as an anti-Atiku campaign. Penguin is a bird of reason! Cc: Mynd44 Fergie001 Kyase Garfield1 Ejimatic |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by SUCKCESSFUL: 2:00pm On Apr 06, 2021 |
Cruise country All of a sudden Atiku is now a Cameroonian. Where was your constitution when he served as a custom service commissioner, the governor of Adamawa state and a two term vice president? Where was malami when he contested the APC primaries alongside their darling daddy in 2015?? I'm not saying the case Lacks merit, my own be say APC and hypocrisy are inseparable. 3 Likes 1 Share |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by ochejoseph(m): 2:17pm On Apr 06, 2021 |
Waste of Time by an irresponsible AGF who will soon start paying for all the fraud and fraud cover up. They Lost 2019 only to manufacture imaginary votes from Borno and Yobe this time there is no hiding place for fraudsters Nigerians now know their real enemies 1 Like |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by Nbotee(m): 2:23pm On Apr 06, 2021 |
Anyone who evens as much as gives a thought to dis nonsense is a fooool.. Wen he was the customs boss he was a Nigerian, when he was a commissioner, and Governor he was a Nigerian. When he served 2 terms between 1999-2007 he was Nigerian. And now he's suddenly a Cameroonian becos one ediot somewhere jus wants to show how stupid he is as a public officer 3 Likes |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by Blakjewelry(m): 2:35pm On Apr 06, 2021 |
well this is Nigeria Sha, if not the topic only is a shame. |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by techmo(m): 2:47pm On Apr 06, 2021 |
Malami is a Junkie and haven't won a case for Nigeria in his years as AG, infact EFCC lost more cases, Nigerian Government even got fined by a British Court Obasanjo is not a Citizen of Nigeria by Birth, same as Buhari.. they were born under the Protectorate of British Nigeria a British Colony same as Atiku. Only people born after 1960 or 1961 can qualify themselves as people born as Nigerian first Republic Citizen under 1959 Constitution . 2 Likes |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by illicit(m): 2:50pm On Apr 06, 2021 |
Atiku was once in APC |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by garfield1: 2:54pm On Apr 06, 2021 |
Penguin2: You have done well.this is very objective but let me add that a citizenship of Nigeria through any other means apart from birth is qualified to be anything or hold any post except for governorship or president but he can be deputy governor or vice President. |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by PaChukwudi44(m): 2:57pm On Apr 06, 2021 |
Penguin2:Oga this case has already been settled by the supreme court |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by Kyase(m): 2:57pm On Apr 06, 2021 |
Penguin2: Atiku is not a Nigerian This is a known fact I don’t have much to say 1 Like |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by PaChukwudi44(m): 2:58pm On Apr 06, 2021 |
techmo:Don't mind the mofo |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by garfield1: 2:59pm On Apr 06, 2021 |
Kyase: Gbam |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by PaChukwudi44(m): 2:59pm On Apr 06, 2021 |
Going by this argument Tinubu who claims to be 69 is not a Nigerian citizen by birth neither is Buhari |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by garfield1: 3:00pm On Apr 06, 2021 |
PaChukwudi44: No sir,it was not settled.the tribunal simply said that it is not within its jurisdiction or a post election matter but a matter for the normal civil courts 1 Like |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by garfield1: 3:01pm On Apr 06, 2021 |
PaChukwudi44: Any evidence that buhari was born outside nigeria? How does it concern tinubu 1 Like |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by Wiseandtrue(f): 3:04pm On Apr 06, 2021 |
When the judiciaries are becoming partisans, how do you decide if the case has merit or not Will it still matter A time will come when citizens will take laws into their own hands |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by vicdom(m): 3:06pm On Apr 06, 2021 |
garfield1:Lol... Oga, why are you having short memory nah?? Didn't you read the judgement of supreme court in the just concluded 2019 presidential electoral litigation?? Oh! Do yourself well and read the judgement. Malami is just chasing shadow. Supreme had since buried this case, I wonder why they are bringing it up again. Again, why are they so much afraid of Atiku contesting?? Lol.. maybe they have seen the handwriting on the wall already and they are jittering. |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by Kyase(m): 3:07pm On Apr 06, 2021 |
garfield1: The story has been in circulation in year 2002 and 2003 in yola that year....... See ba make I no talk too much 1 Like |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by PaChukwudi44(m): 3:15pm On Apr 06, 2021 |
garfield1:When Buhari, Atiku and Tinubu were born, Nigeria did not exist |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by Blue3k(m): 3:15pm On Apr 06, 2021 |
Nope it sounds really stupid. A former vice president not a citizen and nobody knew. If Atiku not a citizen most of adamawa people arent either by that logic. By which time Atiku's parents had died. So it therefore means that Atiku is a citizen of Nigeria by "PLEBISCITE" and not by "BIRTH". What a stupid arguement. He would still be a citizen by plebiscite either way because he was born b4 the entity. 2 Likes |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by PaChukwudi44(m): 3:16pm On Apr 06, 2021 |
garfield1:Oga the supreme court the highest court of the land has already buried this case. |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by garfield1: 3:21pm On Apr 06, 2021 |
PaChukwudi44: It did not oh.tell us what it said about atiku.quote the particular portion 1 Like |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by garfield1: 3:24pm On Apr 06, 2021 |
vicdom: The appeal court simply said it is not within its jurisdiction but that of a normal court.it is not an electoral case and the apex court agreed.no one buried any thing. Atiku is still a threat so apc has no knock him out now |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by fergie001: 4:49pm On Apr 06, 2021 |
Penguin2 This case was filed before the 2019 Presidential Election. A Superior Court (acting as a tribunal) had dutifully dispatched this case earlier, however, the High Court has some jurisdiction. The tribunal is a Special Court with limited jurisdiction (post-election). The High Court in itself is vested with unlimited jurisdiction and can see to this case. The issue here surrounds Section 131(a) on the qualification to contest the Office of the President: ..he is a citizen of Nigeria by birth Who is a Nigerian citizen by birth? (a) Every person born in Nigeria after the date of independence (October 1, 1960), either of whose parents or any of whose grandparents belongs or belonged to a community indigenous to Nigeria; Provided that a person shall not become a citizen of Nigeria by virtue of this section if neither of his parents nor any of his grandparents was born in Nigeria. (b) Every person born outside Nigeria either of whose parents is a citizen of Nigeria. (2) In this section, "the date of independence" means the 1st day of October 1960. (Section 25 of the 1999 Constitution) ISSUES TO BE DETERMINED! 1. It is incontrovertible that whilst his mother is from Jada (or Jigawa as some claim), Atiku's father was a Fulani trader from Sokoto. Can the FG disprove that? 2. Can we say the same for Nnamdi Azikiwe (born 1904) or Awolowo (born 1909) been Nigerians when there was no Nigeria at the time. Will Section 131 had affected them? Will they have been Nigerians by amalgamation? Many might argue that, a plebiscite is even more Democratic than what we went through in the name of AMALGAMATION, WILL THEY BE WRONG? There is a well-celebrated case which simply summarises all of this..... Shugaba Darman vs Federal Minister of Internal Affairs and Ors (1980) Darman was a force to reckon with in Northern Nigeria at the time. He was a charismatic politician who attracted large crowds at political rallies, the crowds were drawn to his speeches in which he criticized the ruling NPN government of Shagari. He was co-founder of the GNPP. A hurriedly set-up tribunal by Shagari claimed he hailed from Chad and was a "prohibited immigrant", hurriedly tried him, and deported him to his supposed village in Chad. He went to the High Court in Maiduguri arguing that his mother was from Maiduguri and alive. Nonetheless, the FG brought in a witness who claimed to be Darman'smother from Chad, crying in Court that she wanted her lost son to come home. Darman denied knowing the woman. The High Court in Maiduguri awarded damages, revoked the deportation order and insisted Darman was a citizen of the Country by birth. The FG appealed at Kaduna, and the Court of Appeal awarded damages and dismissed the appeal. The Supreme Court concurred with the lower Courts. I believe this settles this case. garfield1:It was struck out. |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by garfield1: 4:54pm On Apr 06, 2021 |
fergie001: The appeal court only excused itself from the matter and referred it to the civil courts |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by Biodun556(m): 5:00pm On Apr 06, 2021 |
Nbotee: The higher you go in public office, the more you are subjected to more scrutiny. Kemi Adeosun serves as commissioner in Ogun with the fake NYSC certificate without being detected but on getting to national level, the bubble bursted. How a case is handled by a police station will be different from how it is handled in police headquarter. 1 Like |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by Biodun556(m): 5:05pm On Apr 06, 2021 |
Blue3k: It is not a stupid argument. Obama pass through litigation and controversy about his citizenship while he was US president, this was a person that served as a senator for several years. The higher you go in public office the more people will be attracted to your profile even several generations before you were born. 1 Like |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by Blue3k(m): 5:56pm On Apr 06, 2021 |
Biodun556: The Obama arguement was also stuoid hence why it was thrown out. Instead of telling me about Obama argue the merits of Atiku not being a citizen because his parents were dead. Again if the were alive it would make no logical difference because he became a Nigerian through the vote either way. No Nigerian president was born a Nigerian since they were all born before 1960. Lastly the arguement is extremely stupid ehen you realize you're essentially claiming Atiku is a stateless person because he's neither a Nigerian citizen or Cameroonian. It's like saying George Washington couldnt be president because he wasnt born a British subject. Martin Van Buren was the first US born president. |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by garfield1: 6:39pm On Apr 06, 2021 |
fergie001: What was the reason for its striking out? I remember that pept judgment day,you were giving us updates. What is the incontrovertible fact that his father hauled from sokoto? Are you forgetting that at the pept,he claimed it was his grandparents that are from sokoto? |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by Christistruth00: 6:46pm On Apr 06, 2021 |
If Atiku’s hometown is in Nigeria then he is Nigerian And if he was Nigerian enough to be Vice President he can run for President 1 Like |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by fergie001: 6:50pm On Apr 06, 2021 |
garfield1:The tribunal said its powers was to determine whether a person elected to the Office of the President was validly elected and not to query the qualification of the petitioners to have contested the election, whose outcome was being queried. (Going back to pre-election) The court said the APC ought to have filed a cross-petition if it sought to challenge the qualification of the 1st petitioner (Atiku) to have contested the election. Justice Garba Mohammed ruled that the application lacks merit as Mr Abubakar met the constitutionally required provisions to be regarded a Nigerian. The court said the APC should have used the energy spent on attempting to prove Mr Abubakar’s nationality to filing other issues before the tribunal. https://www.pmnewsnigeria.com/2019/09/11/tribunal-says-atiku-qualifies-as-nigerian/ What is the incontrovertible fact that his father hauled from sokoto? Are you forgetting that at the pept,he claimed it was his grandparents that are from sokoto?Yes...that his grandparents from his father's side are from Sokoto. It means that his father is also from Sokoto. His mother? The 1st Petitioner’s mother, Aisha Kande was the grand-daughter of Inuwa Dutse who came to Jada as an itinerant trader too from Dutse in present day Jigawa State. |
Re: Atiku's Citizenship Saga: Do You Think The Case Has Merit? by Christistruth00: 6:52pm On Apr 06, 2021 |
garfield1: Sugaba’s Mother was undisputedly from Maiduguri That was what quenched the Case. |
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