First of all what does section 77 of the Electoral law says.

According to the new electoral act 2022, section 77 (1) (2) (3) :

" 77.(1) A political party registered under this Act shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

(2) Every registered political party shall maintain a register of its members in both hard and soft copy.

(3) Each political party shall make such register available to the Commission not later than 30 days before the date fixed for the party primaries,
congresses or convention. "


How does this affects Peter Obi's LP candidacy:
The interpretation is simple and straightforward; Parties must submit their registers, soft and hard copy, to the INEC 30 days before the conduct of elective primaries, congresses and convention.

Mr Peter Obi completed PDP Presidential candidates screening process and was issued provisional screening clearance certificate on the 30th April 2022 ( Picture of Certificate below: pix 1 )

Mr Obi withdrew and ceased to be a member of PDP on May 20th 2022 and he informed the party headquarter via a letter on 24th May 2022. (Picture of the letter below: Pix 2)

Within 10 days, he became the LP presidential candidate on 30th May 2022. (Screenshot of premiumtimes reporting the news below: pix 3)

In summary, The period of Obi’s defection for the purpose of contesting the presidential election under Labour party was in violation of sections 77(2) and (3) of the Electoral Act, 2022. The implication of this is that the candidate of the Labour party in the just concluded presidential election, Mr Peter Obi lack the right or capacity to bring an action or to appear in a court (the locus standi) to institute the petition challenging Tinubu’s victory simply because he was not a member of Labour Party at least 30 days to the party’s presidential primary to be validly sponsored by the party as a flagbearer.

If you can recall very well, the suit CA/ABJ/CV/1414/2022 filed by Allied People's Movement to The Court of Appeal seeking to disqualify Peter Obi on this same issue was dismissed by the judges not because it lacked merit but because of absence of evidence. Infact the the judges waved asides the argument of Peter Obi and Labour party which seek to dismiss the suit on account of 'statute barred' . The Court only struck out the suit because APM failed to present the said register as an evidence in court.

APC lawyers will not make this same mistake like APM. They will capitalise on it full time. And with the argument of 'Statute barred' already clarified by the court of appeal under section Section 285 (9) of the 1999 Constitution( as amended) during the APM vs PeterObi/LP case; The argument by labour party which was centered around the case been outside the period during which a lawsuit can be brought in court; is already out of the way. Labour party will definitely be scrambling for something tangible, something new to use as defence in court. Which at this moment seems like mission impossible.

It is either game on or game over from here on. Wole Olanipekun, the lead counsel of APC legal team at the presidential election tribunal just made a dangerous move. Labour party's king; checkmated.

Rest bro. You don't have understanding of what you put out.

Hmmm.. This is interesting

Very interesting, Peter Obi also do as others did travel to Paris to is not only bribing chief that know how to travel
We remain obedient no matter the matter

Tntsi:
Rest bro. You don't have understanding of what you put out.

We talking SANs game, you are quoting a celebrity lawyer. A clout chasing twitter lawyer.

Joker.

Now that the APM couldnt present the register in court as evidence,who will present it now...is it the APC?

Obituary people would come for you

Noted.


Next ===>

The appellate court, in a unanimous decision by a three-member panel of Justices, said there was no merit in the appeal filed by APM.

It held that the trial court ab-initio did not have the requisite jurisdiction to entertain the suit since the APM lacked the locus standi to institute the action.

https://punchng.com/appeal-court-dismisses-apms-suit-seeking-to-disqualify-obi/?amp

Delivering Judgement, the President of the Court, Justice Monica Dongban-Mensan dismissed the appeal on the grounds that the appeal lacked merit and APM lacked the legal right to initiate the suit.

https://www.channelstv.com/2023/02/08/breaking-appeal-court-dismisses-apm-suit-seeking-obis-disqualification/amp/

A 3 member panel presided by the president of the court of appeal, Justice Monica Dongban-Mensan dismissed the appeal for lacking in merit as the APM lacked the locus standi to initiate the suit.

https://www.tvcnews.tv/2023/02/appeal-court-dismisses-apms-case-against-peter-obis-candidacy/


When the Court says you lack locus standi, the determination of the suit becomes academic. They don't even go into the merits but dismiss the suit in toto.

Again, this is a pre-election suit. The Appeal Court explained based on S285(9) at the time, APM filed 11 days after and this was last year. They filed around 2nd week of June.

No Political Party has the locus to go to Court concerning the membership of another. It falls within the domestic and internal affairs of that Party and the Court cannot dabble into it.

See there are more difficult ones we should be looking at, this cross-appeal at best will be dismissed in all of its entirety.

So far APC and BAT have won about 18 cases!

Let's see how the rebuttal in this unfolds!

I see premium wailing from the headless mob!

lhordspy:
First of all what does section 77 of the Electoral law says.

According to the new electoral act 2022, section 77 (1) (2) (3) :

" 77.(1) A political party registered under this Act shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

(2) Every registered political party shall maintain a register of its members in both hard and soft copy.

(3) Each political party shall make such register available to the Commission not later than 30 days before the date fixed for the party primaries,
congresses or convention. "


How does this affects Peter Obi's LP candidacy:
The interpretation is simple and straightforward; Parties must submit their registers, soft and hard copy, to the INEC 30 days before the conduct of elective primaries, congresses and convention.

Mr Peter Obi completed PDP Presidential candidates screening process and was issued provisional screening clearance certificate on the 30th April 2022 ( Picture of Certificate below: pix 1 )

Mr Obi withdrew and ceased to be a member of PDP on May 20th 2022 and he informed the party headquarter via a letter on 24th May 2022. (Picture of the letter below: Pix 2)

Within 10 days, he became the LP presidential candidate on 30th May 2022. (Screenshot of premiumtimes reporting the news below: pix 3)

In summary, The period of Obi’s defection for the purpose of contesting the presidential election under Labour party was in violation of sections 77(2) and (3) of the Electoral Act, 2022. The implication of this is that the candidate of the Labour party in the just concluded presidential election, Mr Peter Obi lack the right or capacity to bring an action or to appear in a court (the locus standi) to institute the petition challenging Tinubu’s victory simply because he was not a member of Labour Party at least 30 days to the party’s presidential primary to be validly sponsored by the party as a flagbearer.

If you can recall very well, the suit CA/ABJ/CV/1414/2022 filed by Allied People's Movement to The Court of Appeal seeking to disqualify Peter Obi on this same issue was dismissed by the judges not because it lacked merit but because of absence of evidence. Infact the the judges waved asides the argument of Peter Obi and Labour party which seek to dismiss the suit on account of 'statute barred' . The Court only struck out the suit because APM failed to present the said register as an evidence in court.

APC lawyers will not make this same mistake like APM. They will capitalise on it full time. And with the argument of 'Statute barred' already clarified by the court of appeal under section Section 285 (9) of the 1999 Constitution( as amended) during the APM vs PeterObi/LP case; The argument by labour party which was centered around the case been outside the period during which a lawsuit can be brought in court; is already out of the way. Labour party will definitely be scrambling for something tangible, something new to use as a defence in court. Which at this moment seems like mission impossible.

It is either game on or game over from here on. Wole Olanipekun, the lead counsel of the APC legal team at the presidential election tribunal just made a dangerous move. Labour party's king; checkmated.

APC and Tinubu are not litigants but rather defendants.
The APC and Tinubu are not making any prayers to the Court, they are defending the petition brought against them by LP and Peter Obi.

so you know more than appeal court that dismissed the same suit againt allied people movement

https://dailypost.ng/2023/02/08/appeal-court-dismisses-apms-suit-seeking-peter-obis-disqualification/

fergie001:

https://punchng.com/appeal-court-dismisses-apms-suit-seeking-to-disqualify-obi/?amp




https://www.channelstv.com/2023/02/08/breaking-appeal-court-dismisses-apm-suit-seeking-obis-disqualification/amp/



https://www.tvcnews.tv/2023/02/appeal-court-dismisses-apms-case-against-peter-obis-candidacy/


When the Court says you lack locus standi, the determination of the suit becomes academic. They don't even go into the merits but dismiss the suit in toto.

Again, this is a pre-election suit. The Appeal Court explained based on S285(9) at the time, APM filed 11 days after and this was last year. They filed around 2nd week of June.

No Political Party has the locus to go to Court concerning the membership of another. It falls within the domestic and internal affairs of that Party and the Court cannot dabble into it.

See there are more difficult ones we should be looking at, this cross-appeal at best will be dismissed in all of its entirety.

You are confusing me sir. Are you saying the case of APM vs Peter Obi was dismissed on the basis of statute barred?

it was not caught by the 14 days limitation stipulated in Section 285 (9) of the 1999 Constitution (as amended) and therefore not statute barred.

INEC published Peter Obi's name as LP candidate sept. 20.

APM suit was filed sept 30th. Still well within the 14days stipulated time.

arejibadz:
so you know more than appeal court that dismissed the same suit againt allied people movement

https://dailypost.ng/2023/02/08/appeal-court-dismisses-apms-suit-seeking-peter-obis-disqualification/

Leave the gazelle gagaraga explainer. When he's done whyning he will rest

Petition wey apeal court don throw out of the window and asked APC to pay 200k na him this one dey use muscle ontop.

arejibadz:
so you know more than appeal court that dismissed the same suit againt allied people movement

https://dailypost.ng/2023/02/08/appeal-court-dismisses-apms-suit-seeking-peter-obis-disqualification/

Ahmed Bola Tinubu is not in a position to make demands. He should just respond to the petition and stop diversionary tactics.

arejibadz:
so you know more than appeal court that dismissed the same suit againt allied people movement

https://dailypost.ng/2023/02/08/appeal-court-dismisses-apms-suit-seeking-peter-obis-disqualification/

Oga, try to learn how to read before typing trash. Did you go through the writeup up there?

lhordspy:


You are confusing me sir. Are you saying the case of APM vs Peter Obi was dismissed on the bases of statute barred?

Obi challenged the APM that the suit was statute-barred. However, the Appeal Court said it is not statute-barred but APM has no locus, no jurisdiction.

Once a court declares that a person or body has no locus standi, the Court has no jurisdiction to rule on same. If they do, it is null and void in totality.

Simply put, what a party does can only be challenged by an aspirant in that same Party. It is no business of another Political Party or even any other member.

PS: Just to add, very recently in February, the SC stated that it is the exclusive Prerogative of a Party to grant waivers. (See Akan Udofia v Ita Enang). Kekere-Ekun JSC stated that waivers fall into the domestic affairs of a Party and the Court has no business with it.

Lawyers are all over nairaland. This case has been done and buried

[quote author=fergie001 post=122452063]

Simply put, what a party does can only be challenged by an aspirant in that same Party. It is no business of another Political Party or even any other member.


What about the case in Bayelsa(Lyon) and Zamfara states?

Sincerely speaking ..How are APC propagandist recruited sef??

Each passing day another dumb thread.

You should go to court and do the needful and FAIL woefully.

Even Olanikpekun is now quiet..

So shameless and pathetic...spits

BiafranPatriot:
Sincerely speaking ..How are APC propagandist recruited sef??

Each passing day another dumb thread.

You should go to court and do the needful and FAIL woefully.

Even Olanikpekun is now quiet..

So shameless and pathetic...spits

Gbe gbogbo enu e soun...omo ode😏

quickberry:

For Zamfara, the case was filed by an aspirant and member of the Party against INEC. Kabiru Marafa who was a Senator at the time, is his name.

For Bayelsa, Diri challenged the false declaration in the affidavit of the APC Dep-Gov'ship Candidate. He neither challenged the membership nor the process or Primary of the APC.

fergie001:

For Zamfara, the case was filed by an aspirant and member of the Party against INEC. Kabiru Marafa who was amSenator at the time is his name.

For Bayelsa, Diri challenged the false declaration in the affidavit of the APC Dep-Gov'ship Candidate. He neither challenged the membership nor the process or Primary of the APC.

Ok...thanks

Somebody that spent 24 hours writing an article on the meaning of gazelle gagaraga is now trying to lecture us again.

Chai!

Dude, try to limit your lecture to only APC-Tinubu supporters.

Stop insulting our intelligence.

-Any party cannot accept new members after submitting the register until after the elections. Also, members not listed in this register submitted cannot join the party as a member nor contest in elections.

If there is no clause like this there, rest massively. In other words, Gazelle Gagaraga 😂

Meanwhile, Yahoo boys are learning from APC defence of £460,000

Does that stop Tinubu from being a Drug lord?

Tinubu is an illegitimate President Elect, and swearing him in will be a violation of our Democracy.

Tntsi:
Rest bro. You don't have understanding of what you put out.

what is the essence of submitting party register if it is not to banned new members from contesting

Tntsi:
Rest bro. You don't have understanding of what you put out.

We are talking about the electoral act 2022 as amended, your charge and bail lawyer is talking about constitution... yeyenatu!

fergie001:

For Zamfara, the case was filed by an aspirant and member of the Party against INEC. Kabiru Marafa who was a Senator at the time, is his name.

For Bayelsa, Diri challenged the false declaration in the affidavit of the APC Dep-Gov'ship Candidate. He neither challenged the membership nor the process or Primary of the APC.

anybody can institute the case, as it violated the electoral act,
Case of Bayelsa is different from this one,