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ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement - Politics (8) - Nairaland

Nairaland ForumNairaland GeneralPoliticsADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement (32253 Views)

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Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by Lanretoye(m): 6:19pm On Apr 30
erad:
Nigerians and confusion...

Now the judges are no longer bribed? Lol.

Weird humans.
the judiciary is not compromised now
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by babajero(m): 6:20pm On Apr 30
Cyberterror:
The court never said that David Mark is the authentic chairman. INEC still has the constitutional right to decide the authentic ADC leadership.
Even with the ANTE BELLUM inec chairman doesn't have the right to take such decision, what inec chairman can do or should have done is to go to the court for interpretation and not acting as a court on its own.
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by pavoda: 6:20pm On Apr 30
Inec did not file a counter Affidavit in court. They have no legitimate horse in this race except of course they want to play to the gallery
Cyberterror:
The court never said that David Mark is the authentic chairman. INEC still has the constitutional right to decide the authentic ADC leadership.
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by Bankowner: 6:20pm On Apr 30
Cyberterror:
The court never said that David Mark is the authentic chairman. INEC still has the constitutional right to decide the authentic ADC leadership.
I don't know about these things, but I beg to disagree concerning INEC having the constitutional power to decide who the authentic leader of a political party is.
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by Cyberterror: 6:23pm On Apr 30
DeLaRue:
INEC removing Mr Mark's name wasn't even a big thing, just as his name being restored doesn't change anything.

It is the outcome of the cases in the lower courts that are yet to be decided that matter.

If his name is removed and he wins those cases, then his name will have to be reinstalled.

Equally, if his name is reinstalled and his camp loses the cases at the lower court, his name will be removed, even if it's August, October or whenever.

In essence, it is the outcome of the cases that matter. The rest is noise.
Mark's faction of ADC has only one week left to submit their membership register to INEC to enable them conduct primaries. Without his name and that of his secretary on INEC portal, no correspondence can be accepted from him. You get? grin

Can they conclude their case at the FHC in one week? grin
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by BreconHills(m): 6:23pm On Apr 30
LagosOrigin:
Tinubu should start writing his hand over note.

He's a goner!

It's over for him and Wike.


Massive defections into the ADC especially from the north in the coming days.

Congratulations to sane Nigerians, We Move cool
I thought Tinunbu had bribed the Judiciary. I thought it was Nigeria that was gone.

The way you people do mental gymnastics 😂
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by Cyberterror: 6:25pm On Apr 30
babajero:
Even with the ANTE BELLUM inec chairman doesn't have the right to take such decision, what inec chairman can do or should have done is to go to the court for interpretation and not acting as a court on its own.
But supreme court just told you that the courts are not supposed to interfere. INEC is already constitutionally empowered to take a stand.
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by koning: 6:26pm On Apr 30
Cyberterror:
But the Supreme Court just told you that courts have no power in the internal affairs of parties. So which court will compel INEC to do anything concerning their internal dispute? Do tell.
Just imagine the question you're asking me?!

Compulsion does not have to come from the courts. The constitution and the electoral acts compels INEC to do the right thing.

Have you forgotten that INEC is just a referee. An impartial referee at that, regardless of who appoints the chairman.

This is my last response to your questions.

Note: Referring the case back to the FHC is just a formality from the supreme court. The judge of the FHC will throw out the case formally. That's what the supreme court asked him to do. It was out of respect for the FHC.
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by DeepSight(m): 6:26pm On Apr 30
Kukutente23, Phew!
What do you think?

Seunmsg, iwo nko?
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by Cyberterror: 6:26pm On Apr 30
Bankowner:
I don't know about these things, but I beg to disagree concerning INEC having the constitutional power to decide who the authentic leader of a political party is.
I assure you INEC does. I dare anyone to take INEC to court over the issue.
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by Bimpe29(m): 6:26pm On Apr 30
This is what ChatGPT said about the recent Supreme Court ruling, 👇

"The Supreme Court’s intervention in the ADC dispute is procedural, but politically consequential. It doesn’t end the case, yet it directly affects how prepared and viable the party can be heading into the 2027 cycle under Nigeria’s electoral framework."
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by DeLaRue: 6:27pm On Apr 30
Cyberterror:
I assure you that INEC will not upload the names of Mark and his ursupers to their portal. The Supreme Court has left INEC to be fully in charge now and no legal remedy for the aggrieved.
I have not read the judgement but if as it is being reported, the Supreme Court has quashed the Court of Appeal's order to return to the previous status quo, then INEC has no choice but to reinstall Mr Mark's name.

The only issue now is yesterday's Federal High Court judgement which barred INEC from recognising the Mr Mark-led leadership.

Based on what has been reported here, it appears the Supreme Court did not rule that Mr Mark and his team are the rightful leaders of ADC. It merely stated that the Court of Appeal should have left the present leadership of the party as it is pending the outcome of the cases in the lower courts.

My view is that, yesterday's Federal High Court order/judgement remains relevant since the Supreme Court judgement did not touch on the issues before that court.

That being the case INEC may feel compelled to obey yesterday's court order directing it not to recognise Mr Mark's leadership of the party.

No doubt INEC'S legal team will be pouring over the Supreme Court judgement and that of the Federal High Court to determine INEC'S next steps.
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by Cyberterror: 6:30pm On Apr 30
koning:
Just imagine the question you're asking me?!

Compulsion does not have to come from the courts. The constitution and the electoral acts compels INEC to do the right thing.

Have you forgotten that INEC is just a referee. An impartial referee at that, regardless of who appoints the chairman.

This is my last response to your questions.

Note: Referring the case back to the FHC is just a formality from the supreme court. The judge of the FHC will throw out the case formally. That's what the supreme court asked him to do. It was out of respect for the FHC.
You are contradicting yourself. A referee takes decisions. He can award a penalty, issue a red card, stop a match etc. INEC has so much powers and they can settle a dispute in a party in a manner that seem fair to them as the referee.
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by Misterone: 6:31pm On Apr 30
alsudan:
Tinubu is Gone!

Status Quo Ante Bellum Set aside.

Dele Alake, Sunday Dare and Bayo Onanuga can start typing Tinubu's hand over note.
Case should head back to the court of first instance! Does that mean the usurpers won? The situation is even more deadly now!
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by NovusHomo(m): 6:32pm On Apr 30
casualobserver:
Comments here show just how poorly educated our so called educated Nigerians are.


The supermen court says return to the federal high court and answer the case. All they did was remove the ante-belum order. But that is now irrelevant because the David mark leadership was declared invalid yesterday.
Na so,o. Its best not to get involved with "educated" illiterates.
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by Cyberterror: 6:33pm On Apr 30
DeLaRue:
I have not read the judgement but if as it is being reported, the Supreme Court has quashed the Court of Appeal's order to return to the previous status quo, then INEC has no choice but to reinstall Mr Mark's name.

The only issue now is yesterday's Federal High Court judgement which barred INEC from recognising the Mr Mark-led leadership.
Nobody is restoring Mark's name when the party still has conflicting leadership and they have not been able to resolve it internally.
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by Tareq1105: 6:33pm On Apr 30
OgwuEgo:
That's a lower court the supreme Court is the highest.
I need clarification on this judgement.

Does it mean that officers of a political party can be replaced by non members of the party even before the expiration of their tenure?
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by casualobserver:
maestroferddi:
You are trying to console yourself so we can relate...

What was the judgement of yesterday, if I may ask?

You are funny I have to say...

Why is it difficult for you to see that this latest judgement has made yesterday's hastily procured ruling an academic exercise?

Or is a Federal High Court now superior to the Supreme Court?

Whatever you are parading as a judgement stemmed from the obscure ruling of the Court of Appeal in asking that the status ante bellum be maintained instead striking out the reliefs sought for for fundamentally lacking merit.

The Supreme Court averred that the Court of Appeal was not supposed to have entertained jurisdiction over that case brought before it giving the legal precedence set by the apex court in sundry cases.
Cc: Maestroferddi &

Internal party affairs are non justiciable except in 3 circumstances
1: breach of electoral act
2: breach of court order
3/ breach of party constitution.

Many of you talk but have no idea what the actual judgement is.

Apart from this is you and your co travelers attended and paid attention in school you will realize the Supreme Court asked them to go back to the trial court. Why would the Supreme Court ask them to go back to a trial court if the matter at hand was an internal party affair?

What was the matter before the Supreme Court? Jurisdiction!

They will now go back to the federal high court and answer your matter.


Irrespective of the Supreme Court ruling. Yesterday the court declared the David Mark faction illegal and directed INEC not to recognize them. Until that is removed on appeal, the David Mark faction remains illegal!

The Supreme Court removed the status quo ante bel, it did not make a determination on whether they are legal or not. Nor did it reverse yesterdays judgement pronouncing them illegal. A court cannot determine a matter not before it.

Please you half educated people, the matter before the Supreme Court today was jurisdiction….not whether David Mark Faction is legal or not. The Supreme Court said go back to the high court and determine that matter.

Again let me stress, a court has declared them
Illegal and instructed INEC no to recognize them. Until the judgement from that court is overturned, David’s Mark’s faction is not recognized in Law.

Also bear in mind. May 10 is the deadline for submission of party register. If your name is not in a party’s register of members by May 10, you can’t contest in that party and you can’t be a member of 2 parties.

So go and contemplate your future. Anyone contesting under David Mark faction of ADC is wasting his time. If you win, the court will later determine your candidacy invalid.

Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by CaptainFM1: 6:35pm On Apr 30
sleek214:
Nice one. I knew it was going Mark's way. The way Atiku carried on with his campaign unhinged. PDP will also be with Makinde and both parties will present one strong candidate in the person of Atiku . With this ruling, defection window is open. ADC should give its governorship ticket in Lagos to a matured, appealing person oo, not that LP guy .
APC is finished. It's Atiku-Makinde/Amaechi or Obi-Kwankwaso. Game over.
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by Cyberterror: 6:38pm On Apr 30
pavoda:
Inec did not file a counter Affidavit in court. They have no legitimate horse in this race except of course they want to play to the gallery
Filing a counter affidavit will make them look like they are all out to get Mark and his group kicked out. They wanted the Supreme Court to settle the issue but the court threw the gauntlet back at the conflicting parties and INEC who have the power of final resolution if the parties can't resolve their differences.
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by Tareq1105: 6:40pm On Apr 30
Lanretoye:
the judiciary is not compromised now
Yes bcoz it favoured them.
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by Kenobsky(m): 6:42pm On Apr 30
Status Quo Ante Bellum Kill una there.
I said it,the kind of big political alliance in ADC is more than what Tinubu will play with except if he is ready to kpai
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by chopnaira: 6:42pm On Apr 30
Cyberterror:
Mark's faction of ADC has only one week left to submit their membership register to INEC to enable them conduct primaries. Without his name and that of his secretary on INEC portal, no correspondence can be accepted from him. You get? grin

Can they conclude their case at the FHC in one week? grin
I dont understand why they are celebrating. The case is still hanging.
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by 8starmember: 6:43pm On Apr 30
goslowgoslow:
Unemplöyed youth.... every post na Tinubu Tinubu Tinubu ..... your hatred for Tinubu is making you to love him.
why we no go hate.

Ask yourself the way Nigeria is going do you like it

People no go just hate tinubu for nothing, if his government is good nobody will talk bad against him
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by chopnaira: 6:43pm On Apr 30
Misterone:
Case should head back to the court of first instance! Does that mean the usurpers won? The situation is even more deadly now!
That is the right way and what many law experts predicted. The Supreme Court will send them back to the High Court for judgement. Then they can start working their way up from there. But they have a few days left. Would the High Court rush thr case ......
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by PenSniper: 6:44pm On Apr 30
Very bad news for Giringori Peter Obi the packaged fraud.

Now, he has no excuse whatsoever to jump ship.

With or without the ADC ticket, he is stuck in there.
Anyway, the ticket is already labeled.
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by 8starmember: 6:44pm On Apr 30
It's about to go down

Transfer window is open now

Massive defections to ADC

A new Nigeria is possible

Let send the evil government where they belong
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by DeLaRue: 6:45pm On Apr 30
Cyberterror:
You are contradicting yourself. A referee takes decisions. He can award a penalty, issue a red card, stop a match etc. INEC has so much powers and they can settle a dispute in a party in a manner that seem fair to them as the referee.
You're overstating INEC's power.

INEC does not have the power to ignore a court order or judgement.

It can't even ignore the order of a magistrate Court, let alone that of a High Court, the Court of Appeal, or the mighty Supreme Court.

INEC's problem is usually around confusing/unclear or contradictory Court judgements where it has to carefully decode exactly what an unclear judgement means.

If a court judgement is clear, INEC has no choice, it must follow the judgement 100%.
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by PigTormentor: 6:46pm On Apr 30
alsudan:
Tinubu is Gone!

Status Quo Ante Bellum Set aside.

Dele Alake, Sunday Dare and Bayo Onanuga can start typing Tinubu's hand over note.
Tinubu is no longer controlling the judiciary, democracy is no longer in jeopardy.
Bunch of toddlers
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by Orinechi: 6:50pm On Apr 30
koning:
Where did you learn your law?

Do you have details of the judgement?

INEC has zero rights in deciding who is or will be the chairman of a political party. If the supreme cannot make that decision, how on earth do you think INEC can. It's strictly an internal affair of any association of people.
If what you said is anything to go by, the two factions claim the leadership of the party and according to you INEC doesn't have the power to determine the chairman of a party, who is now the authentic chairman since the two lay claim to the position? Remember the court did not declare Mark the authentic chairman of ADC
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by 1vandragon: 6:50pm On Apr 30
It is not yet uhuru...

The opposition needs to remain vigilant and work harder.
Re: ADC: Supreme Court Upholds David Mark's Appeal, nullifies ante bellum judgement by evandominic(m): 6:51pm On Apr 30
The real game begins, let opposition/ADC breath
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