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Nairaland Forum / Nairaland / General / Politics / The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion (3711 Views)
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The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by ethikallyright: 12:15am On Mar 03, 2023 |
THE OPPOSITIONS’ CHANCES ARE SLIM AT THE TRIBUNAL: A LEGAL OPINION I hereby congratulate His Excellency Bola Ahmed Tinubu of the All Progressive Congress (APC) who was declared the President-elect of the Federal Republic of Nigeria on the 1ST of March 2023 in accordance with the provisions of section 134 of the Constitution of the Federal Republic of Nigeria 1999. The major opposition parties are not satisfied with the outcome of the February 25th 2023 election and have vowed to approach the Election Tribunal to clear their doubts. Based on conversations on the streets and virtual society, my legal opinion on select issues are discussed briefly below. Legal Issues 1. Where does the Presidential Election Tribunal start and who are the judges that make up the tribunal? 2. Whether images/pictures of result sheets will be admissible by the tribunal as evidence? 3. Whether the election will be declared void or cancelled because the regulations guiding transmission of the results was not complied with? 4. Whether 25% of votes cast in the Federal Capital Territory is a prerequisite to become the President of Nigeria? 1. Where does the Presidential Election Tribunal start and who are the judges that make up the tribunal? Section 239 (1)(a) of the Constitution of the Federal Republic of Nigeria 1999 establishes the Court of Appeal of Nigeria as the Presidential Election Tribunal (See also section 130(2)(b) of the Electoral Act 2022). The venue of the court will most likely be the Court of Appeal (Abuja Judicial Division). Not less than 3 justices of the Court of Appeal will be members of the Presidential Election Tribunal (see section 247 of CFRN 1999). The tribunal must have been set up 30 days before the elections in accordance with section 130 (3)(a) of the Electoral Act 2022. 2. Whether images/pictures of result sheets will be admissible by the tribunal as evidence? The answer is no. Pictures of results taken or downloaded whether by party agents or electorates will not be admissible as evidence in court. The admissible documentary evidence in court is the result sheet itself as will be presented by the Independent National Electoral Commission (INEC) (See sections 86, 88 and 102 of the Evidence Act 2011). Since the result sheet is a public document (section 102 of the Evidence Act), if it is missing a certified true copy will be tendered in accordance with section 90 (1) ( c ) of the Evidence Act. Electronic evidence from the BVAS system or Ires/INEC’s website can only be tendered by INEC because only the Commission can satisfy the conditions of tendering Electronic Evidence laid down by Section 84 of the Evidence Act and emphasized in the case of Kubour v. Dickson. 3. Whether the election will be declared void or cancelled because the regulations guiding transmission of the results was not complied with? The answer is most likely no although it is subject to the discretion of the tribunal. Section 135(1) of the Electoral Act 2022 is quoted below: “An election shall not be liable to be invalidated by reason of non-compliance with the provisions of this Act if it appears to the Election Tribunal or Court that the election was conducted substantially in accordance with the principles of this Act and that the non-compliance did not affect substantially the result of the election.” The provision quoted above means that even if INEC does not conduct the election exactly as stated in the Act, the election will be valid as long as the provisions violated did not affect the result of the election “substantially”. 4. Whether 25% of votes cast in the Federal Capital Territory is a prerequisite to become the President of Nigeria? The answer is no. Section 134 of CFRN 1999 states that a candidate must not have “less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja” to become the President of Nigeria. That provision must be read together with section 299 of the same constitution which gives the FCT, Abuja, the status of a state. The court of Appeal will not deviate from the decision of the Supreme Court in Bakare v. Ogundipe (2021) where the supreme court reiterated the status of the FCT Abuja as a state in accordance with section 299 of CFRN 1999. Even in the classical case of Shagari V. Awolowo, the Supreme Court of Nigeria counted “Lagos State” which was then the seat of government as a state to determine whether the candidates had 25% in the required states. 23 Likes 3 Shares |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by Papichulostunne(m): 12:21am On Mar 03, 2023 |
Good read.. we'll let God lead. 6 Likes |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by kk2027: 12:23am On Mar 03, 2023 |
Tell emilokan to rule naija no be by force Nigerians were thrown into mourning since Tuesday because of one man's ambition For the first time in history, a president was declared and no one is jubilating anywhere Where are the imaginary 8 million people that voted emilokan 25 Likes 2 Shares |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by Jack500: 12:38am On Mar 03, 2023 |
kk2027: Keep fooling yourself, so no one voted for him? You ibos should Sha try nonsense, 1967 will be a child's play 31 Likes 2 Shares |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by Patriottt: 12:45am On Mar 03, 2023 |
Weakling talking about 1967 Jack500: 28 Likes 2 Shares |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by Freshtruth(m): 12:47am On Mar 03, 2023 |
May Ogun strike that your mouth he be like say we done too quiet for this finish country ist una change money second una collect our cash for our hands, thirdly network no come dey to do transfer he like say we go use one person do example. Oga your tribunal must work. After one old man called buhari finish this country for 8years another old man cannot rule this country again, oga no let us vex be warned! 20 Likes 1 Share |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by Freshtruth(m): 12:50am On Mar 03, 2023 |
Jack500:The funniest thing is that you can't boast of 3 square meal a day you be devil self? 22 Likes 2 Shares |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by AdaojoTheUrchin: 12:59am On Mar 03, 2023 |
Legal opinion Isonu from APC lawyers. 3 Likes |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by Maazieze(m): 1:03am On Mar 03, 2023 |
On point 3, what measure of noncompliance with electoral procedures is needed for it to be considered "substantial"? 3 Likes |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by MightyHand(m): 1:04am On Mar 03, 2023 |
Beautiful Opinion, I pray to court of Appeal to send (Labour of People's Democracy Party) the 2in1 party out of court ASAP, because we don't need any form of distraction in this Administration... God Bless Asiwaju Bola Ahmed Tinubu God Bless Federal Republic of Nigeria 12 Likes 1 Share |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by Immatex(m): 1:14am On Mar 03, 2023 |
At this point, its very unlikely Tinubu will relinquish power to anyone no matter what the courts rule. The deed is already done! Those who were out-witted should just move-on. 10 Likes 1 Share |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by walefresh3(m): 1:20am On Mar 03, 2023 |
Obi wey no even meet the requirements law vote naa him dey talk about mandate ? That man naa scammer... He got 25% in 16 States... Naa only atiku still getount for dis case ... Obi no dey film at all... D guy just want to decieve his GUILIBLE zombidients 9 Likes 1 Share |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by smokinloud(m): 1:27am On Mar 03, 2023 |
kk2027:Kolo dey your head!. Who didn't celebrate?. You've got to crawl out of the hole you live in. 3 Likes |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by Princessstee: 1:28am On Mar 03, 2023 |
kk2027:Igbo shocked everyone, you can play the victims all you like but lets forget it. Igbo can never be president in this generation again and get ready to vacate our lands. You delusional cannibals 8 Likes 1 Share |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by IGBOSON1: 1:32am On Mar 03, 2023 |
Freshtruth: Hehehehehe Buhari wants to pass the baton to Buhari-promax to come and finish us kpatakpata! 2 Likes |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by OGwales(m): 1:33am On Mar 03, 2023 |
kk2027: You and your household are the ones thrown into mourning, together with other Obis 11 Likes
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Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by ethikallyright: 1:37am On Mar 03, 2023 |
Maazieze: It's subject to the discretion of the court. In all presidential election cases in Nigeria, the court has always held that the irregularities are not substantial. It's left for the court to decide in this case. But by substantial it means that it must be very very very obvious that it affected results in most places. For instance, Tinubu has a 2 million+ gap. It means that it must have affected at least the votes/ results of at least 2 million people. Presidential elections cost billions of Naira. There's also a possibility of nationwide civil unrest or armed conflict if the supreme court removes a president. "Substantial" means that the error is so big that you don't mind risking everything to correct it. I personally don't see that "substantial" change in results that non-compliance caused. 13 Likes |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by Wiseandtrue(f): 1:40am On Mar 03, 2023 |
OP, you be God Abeg go sidown 1 Like |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by Maazieze(m): 1:41am On Mar 03, 2023 |
ethikallyright: Thank you for replying, i can see you post was made in good faith and also informative. Wish more people were like that on this forum. 7 Likes |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by SmartyPants(m): 1:43am On Mar 03, 2023 |
Jack500: Let's avoid such inflammatory rhetoric please. This is uncalled for. 5 Likes |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by SmartyPants(m): 1:44am On Mar 03, 2023 |
In terms of legal issues, I would narrow it down to the issues the plaintiffs are likely to focus on, which is alleged non-compliance with the Electoral Act. But I suppose that argument will fail given that the Electoral Act was substantially complied with. 10 Likes |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by blabulu2000: 1:45am On Mar 03, 2023 |
When I saw a video where Obi was speaking about some comments on nairaland ....then I know Obi Peter also is a subscriber on nairaland... 10 Likes 1 Share |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by ethikallyright: 1:50am On Mar 03, 2023 |
Wiseandtrue: I'm not God. I'm stating the law as it is. It doesn't care about emotions or feelings. 11 Likes 2 Shares |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by blabulu2000: 1:50am On Mar 03, 2023 |
Jack500: I'm not a prophet of doom. But from today's labor party press conference where obi spoke... What I can deduce from what he said is this; The court should make him (Obi Peter)/the president of Nigeria. or the country will.go aflame....so, let everyone in the country prepare for the doom days ahead...if Obi is not sworn in... My brother....be prepared.... |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by KanwuliaExtra: 1:50am On Mar 03, 2023 |
With GLARING EVIDENCE for the world to see? Thanks to AGORRIOLA and his APC SUPREME COURT! The country looks like it is in MOURNING. . . .for a so-called presidential election that was WON by the PEOPLE'S CHOICE! 3 Likes |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by 0monnak0da: 1:53am On Mar 03, 2023 |
ethikallyright:Interesting But the Shagari Awolowo case is not relevant to the FCT situation in regard to Lagos it might be in determining whether 24 or 25 states is required People use the word Lagos carelessly or vaguely Lagos state was never the capital of Nigeria. Lagos city was. The terminology FCT was not applied to Lagos state There never was ambiguity about the status of Lagos state requiring court clarification The constitution was clear that there were 19 states Lagos state was created in 1967 BY DECREE by Gowon along with 11 other states on the same day It was created by taking territory from The former Western Region and adding it to the federal capital. It has always had governors not a Minister In 1979 every state had 5 senators at that same election Shagari Awolowo contested ,House of Reps members and a State House of Assembly The Supreme court was not considering whether Lagos or any other state was actually a state All states were known and named Whether or not 25% is required in Abuja will be determined by court but bears absolutely no relationship to Lagos or indeed whether Abuja is a state The controversy is not about whether it is a state but whether it has some kind of exalted status Which requires that 25% must be secured there no matter what. That would still be argued even if it were not considered to be a state 2 Likes |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by ethikallyright: 2:05am On Mar 03, 2023 |
0monnak0da: Yes. The 1979 CFRN didn't define Lagos as the FCT. However, my main authorities were section 299 of CFRN 1999 that gives the FCT a status of a State and Bakare v. Ogundipe which the Supreme Court affirmed that the FCT has the status of a state. The authority of Shagari v Awolowo came in because a school of thought suggests that the draftsmen of the constitution intended 25% in the FCT because it is the"seat of power" and the President stays there. 8 Likes 1 Share |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by Horus(m): 2:06am On Mar 03, 2023 |
https://www.youtube.com/watch?v=OsM-vSisKVo 2023 Nigeria Presidential Election Not Credible - European Union & International Observers Declares 1 Like 1 Share |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by DMerciful(m): 2:07am On Mar 03, 2023 |
Why not have patience before you tell yourself what you wanna hear ethikallyright: 2 Likes |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by ethikallyright: 2:09am On Mar 03, 2023 |
DMerciful: It's an "opinion" based on the law. You're free to have yours 👍 7 Likes |
Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by Faber(m): 2:11am On Mar 03, 2023 |
ethikallyright: if it is missing a certified true copy will be tendered in accordance with section 90 (1) ( c ) of the Evidence Act. Electronic evidence from the BVAS system or Ires/INEC’s website To start with, na here go first kill INEC and APC. You think say you go school, you wise pass us abi? Let me give you a tip of the iceberg. There were millions of Nigerians accredited at their Polling units, and the accreditation data in the BVAS machines will prove that. They voted and their votes were not transmitted from the Polling units to the IReV because of the so called glitch bla bla. That's fine, and results were collated manually. Now where are the results as the total votes from the local governments did not correspond to the number of voters who were accredited at the Polling units. So after accreditation they changed their mind and went home and refused to vote, some decided to go clubbing, fishing or hunting Now if you said they voted, where are their votes? There were local governments, wards in Imo State where absolutely no elections took place, but results were called. So BVAS machines used in those places must prove the ghosts that were accredited and how those ghosts voted in those polling units and whom they voted for. The 2023 presidential elections had the greatest collections of PVCs since 1999 at 93% of 87 million total registered voters and yet the overall percentage of votes dropped to 27% lower than 35% recorded in 2019, whereas observers keep sustaining the fact the presidential elections of 25th February witnessed the highest turn-outs of voters since the return of Democracy in Nigeria. Some Observers have always been appointed by the EU to observe elections in Nigeria since 1999 elections. Percentage of overall turn-outs was projected to be 45%, many of them were either disenfranchised, deliberately, by late arrivals of electoral officials, by thugs who hijacked the electoral process at the affected polling units and in many polling units INEC officials never showed up at all. Those who actually voted; their votes were slashed to favour the candidate declared the winner. There are about 10 million votes unaccounted for...and they belonged to Mr. Obi or Mr. Abubakar, because if they belonged to Mr. Tinubu, INEC for add am for him, to further increase his winning margin. Moreso, Mr. Tinubu is insisting the elections were free and fair, so not even one of his votes is missing. I will just stop here, omo wahala dey ground. I know you want to get some facts to prepare una defence. Let me just give you this one, weapons of mass destruction dey ground. Our arsenal is fully loaded with facts, figures, exhbits, Omo e choke. Make una go prepare on this one... ethikallyright: Hope you can read and understand my own submissions... Oga to defend Tinubu's electoral victory, is presently the hardest job on Earth right now...I wish you good luck 4 Likes 2 Shares |
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