₦airaland Forum

Issues from top to bottom

Court of appeal next

fergie001:
See a tribunal is a special Court and its only business is what happens from election morning to declaration of results. Anything before or after is not their business.

Nomination and sponsorship of a Candidate in an election is a pre-election matter and must only be raised at the Federal High Court, not more than 14 days after the cause of action and only by a person who participated in the Primaries.

Even with the old Electoral Act, the SC has hammered on it many times. (Daniel v INEC; Eze v PDP)

The most definitive is: Tarzoor v Ortom by Ngwuta JSC (now deceased)

Primary elections are in-house matters of a political party. A non-member of the party has no locus to raise the issue and no member of the party who was not an aspirant can raise the issue.

The man who took the case to the tribunal, Alkali is the PRP candidate, that means he didn't participate in the PDP Primaries and not even a member. So, even if the nomination is invalid, only the loser in the PDP Primaries can go to Court, not tribunal.

The main case will be the alleged wuruwuru in votes counting.

PS: I am not a lawyer.....

Insightful...thank you.

I am not so sure a lawyer can explain this better...maybe you should consider law...afterall, Kanayo O Kanayo go school for old age na

adioolayi:
Insightful...thank you.

I am not so sure a lawyer can explain this better...maybe you should consider law...afterall, Kanayo O Kanayo go school for old age na

Seriously considering after the strike

fergie001:
See a tribunal is a special Court and its only business is what happens from election morning to declaration of results. Anything before or after is not their business.

Nomination and sponsorship of a Candidate in an election is a pre-election matter and must only be raised at the Federal High Court, not more than 14 days after the cause of action and only by a person who participated in the Primaries.

Even with the old Electoral Act, the SC has hammered on it many times. (Daniel v INEC; Eze v PDP)

The most definitive is: Tarzoor v Ortom by Ngwuta JSC (now deceased)

Primary elections are in-house matters of a political party. A non-member of the party has no locus to raise the issue and no member of the party who was not an aspirant can raise the issue.

The man who took the case to the tribunal, Alkali is the PRP candidate, that means he didn't participate in the PDP Primaries and not even a member. So, even if the nomination is invalid, only the loser in the PDP Primaries can go to Court, not tribunal.

The main case will be the alleged wuruwuru in votes counting.

PS: I am not a lawyer.....

Since pdp did not score the highest valid votes,prp is the winner

garfield1:
Since pdp did not score the highest valid votes,prp is the winner

That is what the Appeal Court will determine.

fergie001:
That is what the Appeal Court will determine.

No,the tribunal must have made declarations.you didn't put the full judgment

Addme:
Stop spinning his narrative.
The tribunal said he didn't score the highest valid vote. Simple
That would be a matter to decide at the appeal court.

the Pdp winnner of jos federal constituency bye election will win in the court of Appeal in Abuja. You seems not to understand law at all.

garfield1:
Since pdp did not score the highest valid votes,prp is the winner

He should head to the FHC then, that's where he can presume to get the needed justice. As he lacks the locus standi to institute such case at the Tribunal, so also the Tribunal lack the power to entertain such case, meaning such case is not within its jurisdiction. Vis-a-vis the case must be instituted at the FHC, for any hope of regaining his supposedly stolen mandate, otherwise this pronouncement by the court of Tribunal is null and void, and without any effcect whatsoever.

garfield1:
No,the tribunal must have made declarations.you didn't put the full judgment

I am not the OP. The tribunal based its decision on:

1. The PDP Candidate was not validly nominated.

2. The PDP Candidate did not score the highest number of valid votes.

46 PUs challenged, 26 in Kabong... Number of votes exceed number of accredited voters.

INEC declaration:
PDP - 40343
PRP - 37757


Final decision by tribunal (declares PRP winner)

PDP - 26770
PRP - 37492

I only punctured Count 1... Over-voting is what Appeal will seriously tackle.

fergie001:
I am not the OP. The tribunal based its decision on:

1. The PDP Candidate was not validly nominated.

2. The PDP Candidate did not score the highest number of valid votes.

46 PUs challenged, 26 in Kabong... Number of votes exceed number of accredited voters.

INEC declaration:
PDP - 40343
PRP - 37757


Final decision by tribunal (declares PRP winner)

PDP - 26770
PRP - 37492

I only punctured Count 1... Over-voting is what Appeal will seriously tackle.

I think we are in agreement with relief one...
What does the electoral act says concerning over voting? Rerun or declaration based on valid votes? Adeleke is sitting on this table

[b]

fergie001:
See a tribunal is a special Court and its only business is what happens from election morning to declaration of results. Anything before or after is not their business.

Nomination and sponsorship of a Candidate in an election is a pre-election matter and must only be raised at the Federal High Court, not more than 14 days after the cause of action and only by a person who participated in the Primaries.

Even with the old Electoral Act, the SC has hammered on it many times. (Daniel v INEC; Eze v PDP)

The most definitive is: Tarzoor v Ortom by Ngwuta JSC (now deceased)

Primary elections are in-house matters of a political party. A non-member of the party has no locus to raise the issue and no member of the party who was not an aspirant can raise the issue.

The man who took the case to the tribunal, Alkali is the PRP candidate, that means he didn't participate in the PDP Primaries and not even a member. So, even if the nomination is invalid, only the loser in the PDP Primaries can go to Court, not tribunal.

The main case will be the alleged wuruwuru in votes counting.

PS: I am not a lawyer.....

[/b]

Lovely

9jahotblog:
the Pdp winnner of jos federal constituency bye election will win in the court of Appeal in Abuja. You seems not to understand law at all.

Ok Sir, SAN.

Addme:
Ok Sir, SAN.

you still dey argue with me here. The defendant have approached the court of Appeal.

9jahotblog:
you still dey argue with me here. The defendant have approached the court of Appeal.

That's what I'm saying,you seem not to understand my point. I said the case of over voting will be determined by the Appeal Court instead of you saying he would win.
The PRP candidate has a very strong case.
Simple

garfield1:
I think we are in agreement with relief one...
What does the electoral act says concerning over voting? Rerun or declaration based on valid votes? Adeleke is sitting on this table

A party seeking to prove over-voting must tender:

1. The smart card reader or BVAS report used for the authentication of voters.

2. He must also tender the statement of result in their appropriate forms which would show the number of registered accredited voters and the number of actual votes.

3. He must relate each of the documents to the specific area of his case in respect of which the documents are tendered.

4. He should show that the figure representing the over voting if removed would result in the petitioner's victory.

If the Court proves that there is over-voting in any PU, it is declared void and same deducted from the respective parties. If the difference between petitioner and respondent is more than the number of supposed voters in those PUs, the election remains returned.

Otherwise, if the difference between both is less than the void PUs, there will be a re-run.

fergie001:
Valid votes cast will be the main issue at the Appeal Court, but they will throw out the valid Nomination count. The tribunal has no business with that.

God bless your soul. PDP out scored PRP

OkOk...

fergie001:
A party seeking to prove over-voting must tender:

1. The smart card reader or BVAS report used for the authentication of voters.

2. He must also tender the statement of result in their appropriate forms which would show the number of registered accredited voters and the number of actual votes.

3. He must relate each of the documents to the specific area of his case in respect of which the documents are tendered.

4. He should show that the figure representing the over voting if removed would result in the petitioner's victory.

If the Court proves that there is over-voting in any PU, it is declared void and same deducted from the respective parties. If the difference between petitioner and respondent is more than the number of supposed voters in those PUs, the election remains returned.

Otherwise, if the difference between both is less than the void PUs, there will be a re-run.

You misapprehended the case.section 51(2-5) dealt with this.obviously the number of affected voters will be more than margin as kabong is a big ward.
Adeleke is a goner then as this is exactly the same case

slivertongue:
God bless your soul. PDP out scored PRP

Prp outscored pdp but pdp used invalid votes to procure victory

garfield1:
Prp outscored pdp but pdp used invalid votes to procure victory

hmm. PRP didn't. It's the usual ploy every election year. Sadly the judiciary or inec aids them. Only those who know, know. like I once told you, alot of things ain't in the public glare. How can election be cancelled in a certain ward election after election so that a part of the population will win?

Addme:
That's what I'm saying,you seem not to understand my point. I said the case of over voting will be determined by the Appeal Court instead of you saying he would win.
The PRP candidate has a very strong case.
Simple

APC will lose their case in the court of Appeal.

9jahotblog:
APC will lose their case in the court of Appeal.

Now I can see you aren't even conversant with the happenings. I shouldn't be doing this with you then.

It's not APC but PRP

garfield1:
You misapprehended the case.section 51(2-5) dealt with this.obviously the number of affected voters will be more than margin as kabong is a big ward.
Adeleke is a goner then as this is exactly the same case

Over-voting doesn't dwell alone on (52).
I didn't.... I only explained it in full because technicalities such as (47) has been used in the past to kill cases. Otti v Ikpeazu, Wike v Peterside.

For Adeleke, the tribunal has granted him leave to inspect the materials.

Addme:
Now I can see you aren't even conversant with the happenings. I shouldn't be doing this with you then.

It's not APC but PRP

either it’s of APC or Prp, they will all lose their cases in the court of Appeal.

slivertongue:
hmm. PRP didn't. It's the usual ploy every election year. Sadly the judiciary or inec aids them. Only those who know, know. like I once you, alot of things ain't in the public glare. How can election be cancelled in a certain ward election after election so that a part of the population will win?

Oga,was the over voting in that ward or not? According to the bvas records which you hail,there was over voting so why the wailing