fergie001:

Your position is wrong....

Our Courts have re-echoed this severally... A GOVERNOR HAS NO IMMUNITY IN ELECTION PETITION CASES

Alliance for Democracy v Peter Ayodele Fayose (2004) - Appeal Court
A person declared and sworn-in as the Governor-elect can be sued by an appropriate party to challenge the declaration. If the person is said to be immuned under section 308 of the 1999 Constitution, the resultant effect is that once a person is declared and sworn-in as Governor-elect, that ends the matter, and no one can complain or take any legal action even if the person conducted any gross election malpractices. This will encourage gross wrongful and illegal activities among the parties contesting for the position, and negate the spirit and necessary intendment of the Constitution and hence destroy democracy.


Supreme Court in I.M.B. Securities v Bola Ahmed Tinubu (2001)

The provision of section 308 of the 1999 Constitution is not applicable to confer immunity on a State Governor in an election petition challenging his election as to preclude the issuance of subpoena on him. The immunity provided by the provision of section 308 of the 1999 Constitution on a State Governor is put in abeyance when his election is being disputed before an election tribunal as to make him subject to being compelled by a subpoena to tender document(s) or give evidence before the election tribunal.

The provision of section 308 of the 1999 Constitution is applicable to ordinary civil proceedings and criminal proceedings and not in election related matter. Therefore, in an election petition, being a special proceeding, completely divorced and separated from civil proceedings, a Governor or any occupant of the office mentioned in section 308 of the 1999 Constitution does not enjoy immunity.

In other words, a Governor is not immune from legal proceedings against him in respect of an election petition.

I agree with you on the above my brother, but what you are arguing is distinct from the issue at hand
Your submission above has to deal with the issue of immunity of a governor in an Election petition and to that extent I agree with you

But my submission is to the issue of the subpoena or compulsion of a sitting governor by the election tribunal to appear before it, and my submission is that it carries no force of law and totally at the discretion of the governor as there are no legal conditions or punishment if he fails to appear or honour the subpoena

One question I need to ask you is "what's the legal implications if Gov Mbah fails to honour the subpoena?

klenton:

If Mbah fails to enter representation through him or the DG NYSC (which is now impossible), he will be in hot waters.

He dare not, attendance is mandatory. Judgement will be entered against him, if you know him tell him to attend. He can seek for adjournment but he or his representative will appear as long as the tribunal has signed his subpoena.

If he know he does not have a real NYSC certificate, why stress much to win he primaries and even fought keenly in he elections.....just a wasted effort.
Mbah is the biggest loser here!

Kaduna and Nassarawa
Please what's going on in the tribunal of those two states?

zizoo36:
This guy is gone already.

Truly gone.

I only pity him for the sentencing that might follow.

Other states were trying to cut down working days and even increasing salary, MBA wanted enugu people to even start coming to work on Mondays, like fuel subsidy isn't affecting us to. What kind of man is this?

fergie001:
If Mbah fails to enter representation through him or the DG NYSC (which is now impossible), he will be in hot waters.

He dare not, attendance is mandatory. Judgement will be entered against him, if you know him tell him to attend. He can seek for adjournment but he or his representative will appear as long as the tribunal has signed his subpoena.

There is no punishment in law called "HOT WATERS" tell me his punishment in law for not honouring a subpoena since you said his inmunity doesn't cover that side

Ordinarily the court would have issued warrant of arrest or summarily committal for contempt of court but ib this scenario its not possible because he has immunity

Moreover don't forget that the action's of the tribunal could still be upturned at the Appeal court

klenton:

I don't know what you are trying to achieve with this back and forth, nothing will happen to Mbah if he doesn't attend or send representation but judgement will be entered against him.

Either he follows your way on "immunity" or he leaves Govt House in Enugu... It's his choice not ours.

A sitting Deputy-Gov was subpoenaed by the tribunal and he complained that he was going by road and risky yet the Tribunal mandated him to be there and he did.

If the tribunal says Mbah should be in Court, and he doesn't or refuse to send representation, he is only doing himself not me.

fergie001:

I don't know what you are trying to achieve with this back and forth, nothing will happen to Mbah if he doesn't attend or send representation but judgement will be entered against him.

Either he follows your way on "immunity" or he leaves Govt House in Enugu... It's his choice not ours.

A sitting Deputy-Gov was subpoenaed by the tribunal and he complained that he was going by road and risky yet the Tribunal mandated him to be there and he did.

If the tribunal says Mbah should be in Court, and he doesn't or refuse to send representation, he is only doing himself not me.

You are the one going back and forth
I like the fact that you said "NOTHING WILL HAPPEN TO MBAH IF HE FAILS TO HONOUR THE SUBPOENA" so what's the crux of your argument?

Even if Judgement is entered against him, Mbah will still be in office as governor because the matter will definitely reach the supreme court, which means that whatever the tribunal is doing now is not final and could still be upturned.

You keep mentioning a deputy governor without the name or his state, so I can't join issues with you on that, but I am presuming you are talking about the deputy governor elect of Bayelsa under David Lyon who was never sworn it and therefore was under compulsion to come (except you are talking about a different one, then you provide the facts) therefore the 2 cases are different.

Am not saying Mbah will survive the case or not, am only saying that nothing will happen to Mbah if he fails to honour the subpoena and you have just concurred to that

klenton:

In one breathe, you say the case will get to Supreme Court and in another you opined you are not saying he will survive or not.

Which is more better for Mbah, to go to the tribunal and defend himself or refuse to attend and see judgement entered against him by all the Courts (It is contempt of Court to refuse to honour a subpoena).
The Crux is his NYSC, let him go defend himself if he is subpoenaed!

Another problem is that..... with all due respect, it may seem you have not been following Elections Petition cases here.

You quoted me first and indeed saw the name of the Bayelsa Deputy Gov and you are still saying I haven't mentioned the State. Is David Lyon's Deputy 's name, Lawrence?

The sitting Bayelsa Dep-Gov not Lyon's own (the current one) was subpoenaed by the Court, that was during Aviation workers strike, he had to go by road from Bayelsa to Abuja.

His own case was also NYSC and UST Certificates
https://www.nairaland.com/5899069/produce-nysc-certificate-tribunal-ewhrudjakpo#90243644 (This thread will help you): This was when he was subpoenaed.

https://www.nairaland.com/5903463/pic-bayelsa-deputy-governor-displays#90308141 (This was when he appeared at the Tribunal in Abuja to testify)

fergie001:

In one breathe, you say the case will get to Supreme Court and in another you opined you are not saying he will survive or not.

Which is more better for Mbah, to go to the tribunal and defend himself or refuse to attend and see judgement entered against him by all the Courts (It is contempt of Court to refuse to honour a subpoena).
The Crux is his NYSC, let him go defend himself if he is subpoenaed!

Another problem is that..... with all due respect, it may seem you have not been following Elections Petition cases here.

You quoted me first and indeed saw the name of the Bayelsa Deputy Gov and you are still saying I haven't mentioned the State. Is David Lyon's Deputy 's name, Lawrence?

The sitting Bayelsa Dep-Gov not Lyon's own (the current one) was subpoenaed by the Court, that was during Aviation workers strike, he had to go by road from Bayelsa to Abuja.

His own case was also NYSC and UST Certificates
https://www.nairaland.com/5899069/produce-nysc-certificate-tribunal-ewhrudjakpo#90243644 (This thread will help you): This was when he was subpoenaed.

https://www.nairaland.com/5903463/pic-bayelsa-deputy-governor-displays#90308141 (This was when he appeared at the Tribunal in Abuja to testify)

I don't want to divulge anything about me, let's just focus on the issue at hand but believe when I tell you that ma grounded in Election petitions

Yes the matter will get to supreme court and all this your positions could be trashed as "LAW IS AN AXE" no position is certain maybe apart from constitutional provisions which are still open to interpretations.

I think this argument is over as you have accepted that there is NO LEGAL PUNISHMENT FOR MBAH OR ANY SITTING GOVERNOR IF HE FAILS TO HONOUR A SUBPOENA.

The Deputy governor of Bayelsa chose to exercise his discretion to appear, just like El Rufia once waived his immunity to testify in a defematory case in the high court.

Yes am nothing saying he will survive it or not, that's not the argument here, as the supreme court might still remove him, what am saying is that not honouring the subpoena has no legal punishment for him as a sitting governor

You mentioned that election petition is SUI GENERIS, I agree but that doesnt mean that election petitions can arrogate powers to themselves outside the constitution, that's why election petitions must end withing 180 days for instance even if it is not convenient for the tribunals

So election petitions does not have absolute powers, there subpoenas are still like that of a regular court nothing special