₦airaland Forum

fergie001:
This new Practice direction has stopped it.

put emotions aside and answer simple, is there any different between abia federal high court and Kano federal high court?

Acekidc4:
It Must stand by Fire by Force............. Labourers in Sifia Pains.

Obidients should sell Labour Party and use the Money to Look for Obi Manhood, sorry Mandate.😂🤣😂🤣🤣😂🤣

Na ur mama toto our guys go use the money knack

ejimatic:
. My only concern is whether a FHC can rule on disqualification even after election. Cases of Deogi and Mafawara in Bayelsa and Zamfara ckearky show that even before and shortly after election a federal Hugh Court ,AC abd SC. can overrule any Victory of a political party!

They can (it depends on the 180 days)

In the Diri v Degi case, the election held Nov, the case was filed in Aug, FHC ruled in Oct, Appeal Court in Dec, SC in Jan.

If the FHC wanted to wait for 180 days, it will have expired in Feb...

Jones4190:
put emotions aside and answer simple, is there any different between abia federal high court and Kano federal high court?

In other cases, they are one and same but with regards to Pre-Election issues, they aren't.

This is the Federal High Court (Pre-Election) Procedures 2023.

....that of Abia should have been filed separately in either Umuahia or Abuja, not Kano.

Una neva enter power una don de select which judgements to accept and which not to.
Yet, it is Buhari that you guys does not obey court judgements

Oga fergie001 when you become lawyer
Father lord this was explicit and straight to the point!

You too much fergie,I gbádùn you.you no put sentiment or emotions in all what you say,God bless you more

fergie001:
In other cases, they are one and same but with regards to Pre-Election issues, they aren't.

This is the Federal High Court (Pre-Election) Procedures 2023.

....that of Abia should have been filed separately in either Umuahia or Abuja, not Kano.

fergie001:
I totally agree with you that the case at hand will be upturned on Appeal as the Kano Federal High Court had no jurisdiction whatsoever.

If you guys went to appeal court to challenge the jurisdiction of the court.
Una don fail l

fergie001:
They can (it depends on the 180 days)

In the Diri v Degi case, the election held Nov, the case was filed in Aug, FHC ruled in Oct, Appeal Court in Dec, SC in Jan.

If the FHC wanted to wait for 180 days, it will have expired in Feb...

. With 180 days over an AC can set the judgement aside Is the FHC not aware of the 180 day ultimatatum? Something is wrong definitely in the judgement!

9jatriot:
Una neva enter power una don de select which judgements to accept and which not to.
Yet, it is Buhari that you guys does not obey court judgements

As in they just dey select judgement

fergie001:
He cannot because he is not an aspirant.
In the Electoral Act 2010, yes maybe he could but with this one now, no he can't. It is the National leadership of the Party that can tell who their members are.

The Court has no business with who is a member of the Party, it is the Party that decides.

In a February Supreme Court judgement between Ita Enang v. Akanimo Udofia... the SC was clear about that.

Udofia bought the PDP Guber form, was screened and defected to APC 2 nights before the APC Primary, after that of PDP had been conducted.

He had a waiver from the Party and the APC duly acknowledged they gave it to him and the SC said no P then.

In Agi v. PDP.... PDP gave Ayade the ticket but when the Court case started, down to the SC they denied Ayade isn't wasn't an up-to-date member. He proved to the Court he was and was affirmed.

The SC said fine... You cannot clear this man, say he is your member, he wins an election, then you come to the SC and say he is not your member.

. If the new electoral law recognizes only aspirants unlike the previous ones that accirded every member of the party,why this judgement then? The premise of this Kano judgement will easily be undermined by the AC in grifty!

ejimatic:
. If the new electoral law recognizes only aspirants unlike the previous ones that accirded every member of the party,why this judgement then?

That's what we are saying, that the judgement is perverse.

The premise of this Kano judgement will easily be undermined by the AC in grifty!

Yea

The law does not say you cannot admit new members and give waivers after 30days before election, did it?

favor914:
What jurisdiction, LP did not field a legitimate presidential candidate, he was not on the register of members, a month prior to the primaries, so he could not have been sponsored by the party, if you like, quote all the case laws.

A nullity ab initio never existed, has no jurisdiction, Labor, pikin Mumu party, they done go enter 1 chance.

Just as I always say, you don't need to be a lawyer to know some laws in our constitution and Electoral Act.
All the points raised are the issues have been telling some of my friends here since yesterday. Friends like
rolams
parachoko
favor914
Jones4190
Emekaonline
Corn247
Jito24
casualobserver and
OGHENAOGIE
But they were bend to fly their own kite rather than listening to voice of reasoning based on what the law says.
For example, if the case was a preelection matter, the case has become an academic exercise because:
1. Preelection matter must be filed 14 days after the cause of action.
2. The 180 days window period as lapsed.
3. Does he has the locus standing to institute the case because he wasn't a member of LP in Abia neither is he a candidate in the primary that produced the candidates?
4. Most importantly, what injury does he incurred for instituting the case? Very important.
5. Does Kano FHC have jurisdiction to entertain such case. A case that the cause of action took place in Abia state?

Again, if it was a post election matter, the case has become also an academic exercise. Why?
1. The 14 days window period has lapsed after the cause of action. You start counting from the day winners in an election is announced.
2. All post election cases are treated at the tribunal and not FHC. This makes the case to have k-leg. A table that supposed to have 4 legs, if it having just one, it's a big problem.
3. The points 3, 4 and 5 above still subsisting on post election matter.

If the judgement is appealed, it won't take 5 minutes before the judge throw it out as non issue and award penalty against Ibrahim Haruna Ibrahim, for an abuse of court process.

The person that took LP to court is a disgruntled former LP member and Lamidi Apapa group. What is APC business in this?

garfield1:
Section 77 says submit register 30 days before fixed primaries.it is not talking about members in the register but a simple rule,follow it and avoid sanctions.in any case,this judgment is a moral lesson.technicalities is a double edged sword,it can swing to apc today,lp tomorrow and pdp next.so stop complaining when it favours apc

After accusing him of doing a first by giving his personal abalysis because you know the same applies to Obi at the PEPT and would be struck out, you're not derailing

garfield1:
We are already there.the nysc dg has made a sweeping statement yesterday

What his the benefit he is seeking to gain? Destroy the party he belongs to?

ejimatic:
. As to the interest of the plaintiff ,I think as long as he is a arty member and a decider in the LP primaries he can institute the case. A non party member can never be a party in the siut.

You cannot comprehend a small writeup because of your prejudice against Obi

Jones4190:
meaning federal hight court Kano has jurisdiction to preside over Abia matters

IfnobeGod20:
Just as I always say, you don't need to be a lawyer to know some laws in our constitution and Electoral Act.
All the points raised are the issues have been telling some of my friends here since yesterday. Friends like
rolams
parachoko
favor914
Jones4190
Emekaonline
Corn247
Jito24
casualobserver and
OGHENAOGIE
But they were bend to fly their own kite rather than listening to voice of reasoning based on what the law says.
For example, if the case was a preelection matter, the case has become an academic exercise because:
1. Preelection matter must be filed 14 days after the cause of action.
2. The 180 days window period as lapsed.
3. Does he has the locus standing to institute the case because he wasn't a member of LP in Abia neither is he a candidate in the primary that produced the candidates?
4. Most importantly, what injury does he incurred for instituting the case? Very important.
5. Does Kano FHC have jurisdiction to entertain such case. A case that the cause of action took place in Abia state?

Again, if it was a post election matter, the case has become also an academic exercise. Why?
1. The 14 days window period has lapsed after the cause of action. You start counting from the day winners in an election is announced.
2. All post election cases are treated at the tribunal and not FHC. This makes the case to have k-leg. A table that supposed to have 4 legs, if it having just one, it's a big problem.
3. The points 3, 4 and 5 above still subsisting on post election matter.

If the judgement is appealed, it won't take 5 minutes before the judge throw it out as non issue and award penalty against Ibrahim Haruna Ibrahim, for an abuse of court process.

why should I take obidient that see tins from one way serious... U just scribble things the way rufai of Arise TV ll do... Anyway na LP wahala...

DMerciful:
What his the benefit he is seeking to gain? Destroy the party he belongs to?

The new electoral law disqualifies him.It updates the previous one

Who is fergie

IfnobeGod20:
Just as I always say, you don't need to be a lawyer to know some laws in our constitution and Electoral Act.
All the points raised are the issues have been telling some of my friends here since yesterday. Friends like
rolams
parachoko
favor914
Jones4190
Emekaonline
Corn247
Jito24
casualobserver and
OGHENAOGIE
But they were bend to fly their own kite rather than listening to voice of reasoning based on what the law says.
For example, if the case was a preelection matter, the case has become an academic exercise because:
1. Preelection matter must be filed 14 days after the cause of action.
2. The 180 days window period as lapsed.
3. Does he has the locus standing to institute the case because he wasn't a member of LP in Abia neither is he a candidate in the primary that produced the candidates?
4. Most importantly, what injury does he incurred for instituting the case? Very important.
5. Does Kano FHC have jurisdiction to entertain such case. A case that the cause of action took place in Abia state?

Again, if it was a post election matter, the case has become also an academic exercise. Why?
1. The 14 days window period has lapsed after the cause of action. You start counting from the day winners in an election is announced.
2. All post election cases are treated at the tribunal and not FHC. This makes the case to have k-leg. A table that supposed to have 4 legs, if it having just one, it's a big problem.
3. The points 3, 4 and 5 above still subsisting on post election matter.

If the judgement is appealed, it won't take 5 minutes before the judge throw it out as non issue and award penalty against Ibrahim Haruna Ibrahim, for an abuse of court process.

We do not know when the case was initiated and the initiator that's just the point.

OGHENAOGIE:
why should I take obidient that see tins from one way serious... U just scribble things the way rufai of Arise TV ll do... Anyway na LP wahala...

exactly he done know what is pre election matters
let me eductate him small, pre election matters are matter that involves candidate not political party eg tinubu certificate, drugs case, shettima nominations etc are pre election matters, they didn't affect Apc or other candidate but only tinubu and shettima.
the matter treated yesterday in Kano and the one before tribunal is not pre election matter because it requires the disqualification of the whole political party for not following inec guidelines, it happens in river and zamfara where court strike out all apc candidate while the one of David Lyon in bayelsa state is a pre election matter because it affect individual not the whole political party.

The following matters have been classified by the courts as pre-election matters:
(1) nomination of a candidate
(2) double nomination of a candidate
(3) disqualification of a candidate
(4) wrongful substitution of a successful candidate’s name by the Electoral Body (5) wrongful omission of a successful candidate’s name by the Electoral Body (6) complaints about the conduct of primaries
(7) false declaration on oath about particulars of a candidate.

all the points i mention above center on candidate not the whole political party and they are refer to as preelection.

the matter before court is that APC are saying court should disqualified all the labour party not just a particular candidates but labour party as a political didn't qualify because they didn't follow inec guidelines

rolams:
We do not know when the case was initiated and the initiator that's just the point.

don't mind that boy, he didn't know what is pre election matters, any matter that involves the disqualication of the whole political party are not preelection matters

let me eductate him small, pre election matters are matter that involves candidate not political party eg tinubu certificate, drugs case, shettima nominations etc are pre election matters, they didn't affect Apc or other candidate but only tinubu and shettima.
the matter treated yesterday in Kano and the one before tribunal is not pre election matter because it requires the disqualification of the whole political party for not following inec guidelines, it happens in river and zamfara where court strike out all apc candidate while the one of David Lyon in bayelsa state is a pre election matter because it affect individual not the whole political party.

The following matters have been classified by the courts as pre-election matters:
(1) nomination of a candidate
(2) double nomination of a candidate
(3) disqualification of a candidate
(4) wrongful substitution of a successful candidate’s name by the Electoral Body (5) wrongful omission of a successful candidate’s name by the Electoral Body (6) complaints about the conduct of primaries
(7) false declaration on oath about particulars of a candidate.

all the points i mention above center on candidate not the whole political party and they are refer to as preelection.

the matter before court is that APC are saying court should disqualified all the labour party not just a particular candidates but labour party as a political didn't qualify because they didn't follow inec guidelines

Jones4190:
don't mind that boy, he didn't know what is pre election matters, any matter that involves the disqualication of the whole political party are not preelection matters

let me eductate him small, pre election matters are matter that involves candidate not political party eg tinubu certificate, drugs case, shettima nominations etc are pre election matters, they didn't affect Apc or other candidate but only tinubu and shettima.
the matter treated yesterday in Kano and the one before tribunal is not pre election matter because it requires the disqualification of the whole political party for not following inec guidelines, it happens in river and zamfara where court strike out all apc candidate while the one of David Lyon in bayelsa state is a pre election matter because it affect individual not the whole political party.

The following matters have been classified by the courts as pre-election matters:
(1) nomination of a candidate
(2) double nomination of a candidate
(3) disqualification of a candidate
(4) wrongful substitution of a successful candidate’s name by the Electoral Body (5) wrongful omission of a successful candidate’s name by the Electoral Body (6) complaints about the conduct of primaries
(7) false declaration on oath about particulars of a candidate.

all the points i mention above center on candidate not the whole political party and they are refer to as preelection.

the matter before court is that APC are saying court should disqualified all the labour party not just a particular candidates but labour party as a political didn't qualify because they didn't follow inec guidelines

😂

IfnobeGod20:
Just as I always say, you don't need to be a lawyer to know some laws in our constitution and Electoral Act.
All the points raised are the issues have been telling some of my friends here since yesterday. Friends like
rolams
parachoko
favor914
Jones4190
Emekaonline
Corn247
Jito24
casualobserver and
OGHENAOGIE
But they were bend to fly their own kite rather than listening to voice of reasoning based on what the law says.
For example, if the case was a preelection matter, the case has become an academic exercise because:
1. Preelection matter must be filed 14 days after the cause of action.
2. The 180 days window period as lapsed.
3. Does he has the locus standing to institute the case because he wasn't a member of LP in Abia neither is he a candidate in the primary that produced the candidates?
4. Most importantly, what injury does he incurred for instituting the case? Very important.
5. Does Kano FHC have jurisdiction to entertain such case. A case that the cause of action took place in Abia state?

Again, if it was a post election matter, the case has become also an academic exercise. Why?
1. The 14 days window period has lapsed after the cause of action. You start counting from the day winners in an election is announced.
2. All post election cases are treated at the tribunal and not FHC. This makes the case to have k-leg. A table that supposed to have 4 legs, if it having just one, it's a big problem.
3. The points 3, 4 and 5 above still subsisting on post election matter.

If the judgement is appealed, it won't take 5 minutes before the judge throw it out as non issue and award penalty against Ibrahim Haruna Ibrahim, for an abuse of court process.

et me eductate you small, pre election matters are matter that involves candidate not political party eg tinubu certificate, drugs case, shettima nominations etc are pre election matters, they didn't affect Apc or other candidate but only tinubu and shettima.
the matter treated yesterday in Kano and the one before tribunal is not pre election matter because it requires the disqualification of the whole political party for not following inec guidelines, it happens in river and zamfara where court strike out all apc candidate while the one of David Lyon in bayelsa state is a pre election matter because it affect individual not the whole political party.

The following matters have been classified by the courts as pre-election matters:
(1) nomination of a candidate
(2) double nomination of a candidate
(3) disqualification of a candidate
(4) wrongful substitution of a successful candidate’s name by the Electoral Body (5) wrongful omission of a successful candidate’s name by the Electoral Body (6) complaints about the conduct of primaries
(7) false declaration on oath about particulars of a candidate.

all the points i mention above center on candidate not the whole political party and they are refer to as preelection.

the matter before court is that APC are saying court should disqualified all the labour party not just a particular candidates but labour party as a political didn't qualify because they didn't follow inec guidelines

OGHENAOGIE:
why should I take obidient that see tins from one way serious... U just scribble things the way rufai of Arise TV ll do... Anyway na LP wahala...

Sorry friend, I am not obidient but always obedient to rule of law. I stand by the truth and don't bend issue as to protect anyone. If it were other way I would have said same. Go and be checking my old comments, you will see that I stay true to truth, the one I don't have much knowledge about I keep mum and you won't see me comment. But the fury of everything is that many of you just want to be seen commenting on all issues that you may not have pint of knowledge about or you just pretend to divert attention as to get at your imaginary enemy.

Jones4190:
et me eductate you small, pre election matters are matter that involves candidate not political party eg tinubu certificate, drugs case, shettima nominations etc are pre election matters, they didn't affect Apc or other candidate but only tinubu and shettima.
the matter treated yesterday in Kano and the one before tribunal is not pre election matter because it requires the disqualification of the whole political party for not following inec guidelines, it happens in river and zamfara where court strike out all apc candidate while the one of David Lyon in bayelsa state is a pre election matter because it affect individual not the whole political party.

The following matters have been classified by the courts as pre-election matters:
(1) nomination of a candidate
(2) double nomination of a candidate
(3) disqualification of a candidate
(4) wrongful substitution of a successful candidate’s name by the Electoral Body (5) wrongful omission of a successful candidate’s name by the Electoral Body (6) complaints about the conduct of primaries
(7) false declaration on oath about particulars of a candidate.

all the points i mention above center on candidate not the whole political party and they are refer to as preelection.

the matter before court is that APC are saying court should disqualified all the labour party not just a particular candidates but labour party as a political didn't qualify because they didn't follow inec guidelines

Preelection matters are activities that prepared you into the main election and not the one that affect candidates alone. Does any candidate conduct his or her primary? Please what of INEC not monitoring party primary, is it a post election matter or preelection matter?
This thing is too weighty for you to understand, just pipe low.

Let me first burst this bubble, to let you know that, Submission of membership register is not an INEC guideline but point of law. It is section 77(3) of the Electoral Act.

Meanwhile, I don't think any reasonable person is saying violation of any section of our law is the right thing or in any disguise but what we are saying is that the institution of the case involved many things which the court and the plaintiff didn't considered.

Let me also correct one impression before we go further. Submission of a membership register by a party 30 days before you do primary is a preelection matter. It's liken to party must write INEC 21 days before primary. What it means is that you cannot do primary except you submit same. That's purely preelection matter.

On what are involved:
The FHC and FAC had made emphatic ruling on the same issue and they have submitted that non submission of membership register by a party does not disqualify a candidate because the constitution is clear about what can disqualify a candidate and non submission of membership register is not part of them. That has been decided in a case between APM vs Peter Obi.

Again, the Electoral Act says submit but never talk of the penalty accrued for non submission of the said membership register, unlike in the same Act where there is a penalty for Double nomination. Meaning for just saying submit, it could be for administrative purpose and no more.

IfnobeGod20:
Let me first burst this bubble, to let you know that, Submission of membership register is not an INEC guideline but point of law. It is section 77(3) of the Electoral Act.

Meanwhile, I don't think any reasonable person is saying violation of any section of our law is the right thing or in any disguise but what we are saying is that the institution of the case involved many things which the court and the plaintiff didn't considered.

Let me also correct one impression before we go further. Submission of a membership register by a party 30 days before you do primary is a preelection matter. What it means is that you cannot do primary except you submit same. That's purely preelection matter.

On what are involved:
The FHC and FAC had made emphatic ruling on the same issue and they have submitted that non submission of membership register by a party does not disqualify a candidate because the constitution is clear about what can disqualify a candidate and non submission of membership register is not part of them. That has been decided in a case between APM vs Peter Obi.

Again, the Electoral Act says submit but never talk of the penalty accrued for non submission of the said membership register, unlike in the same Act where there is a penalty for Double nomination. Meaning for just saying submit, it could be for administrative purpose and no more.

you don't know what you are saying, two times court rule against apc because of inec guidelines, breakfast will soon reach all the people elected under labour party

rolams:
We do not know when the case was initiated and the initiator that's just the point.

It was instituted 11th May,2023.

Jones4190:
you don't know what you are saying, two times court rule against apc because of inec guidelines, breakfast will soon reach all the people elected under labour party

Mr. Man, non submission of membership register is not an INEC guideline but point of law. Get that one and FHC and FAC had ruled on it on different occasions. The ruling said, non submission of membership register cannot be a criteria to disqualify any candidate because it goes against the constitution. The constitution didn't mention non submission as one criteria to disqualify candidate. If you think tribunal will rule against itself, you're deceiving yourself because they are coordinate court with Appeal Court. But for the ruling of the Kano FHC, that one is an academic exercise because the plaintiff filed the case out of time and cannot stand the test of judicial scrutiny.