₦airaland Forum

ifyalways:
Hahahahaha.

Oya food don done. Wailers and ma5turbators alike including folks that cannot locate Taraba on Nigeria's map

chukwudi44:
Enligntened? When the senate reconvenes on Friday and the APC guy is not sworn in immediately,I hope you will all bury your head in shame.

modath:
Kikikikikiki

Na news wey go ensure some people cry demselves to sleep we dey use laugh so..

Ki oluwa dariji..

chukwudi44:
The senator would remain in the senate until the supreme court rules on the matter.

chukwudi44:
The senator would remain in the senate until the supreme court rules on the matter.

chukwudi44:
The senator would remain in the senate until the supreme court rules on the matter.

chukwudi44:
The senator would remain in the senate until the supreme court rules on the matter.

tinsel:
The supreme court has no say in election matters. The case ends at appeal court.

Lolamida:
Oga Ade, the appeal court is highest court that gives final judgment in election matters. Nothing like Supreme Court in post election cases.
Don't mention

Joeoku78:
You were not privy to tribunal rulings since democracy took full effect in 1999. Ask yourself why governorship elections does not cover all the 36 states of the federation at same time. It was due to tribunal nullification of results in affected states. For your information once the tribunal rules and sacks anyone, his certificate of return withdrawn from him immediately by INEC and given to real winner who occupies the position immediately. The loser vacates his seat immediately and if the loser intends heading to a superior court he is free but he vacates that seat first.

porka:
[size=13pt]Where did you get this from?

It was amended ages ago.

Check you books well.[/size]

kennes10:
there is no stay of execution in election petition. Stop displaying ur ignorance and being a fool on top of it.

porka:
[size=14pt]Governors don't vacate their seats till the case is determined by the Supreme Court.

The old electoral act was used by Salami to install Oshiomhole, Fayemi, Mimiko and Aregbesola and it was at the Appeal Court.

That law does not apply again now. It was amended for that reason. Election cases now terminate at the Supreme Court.

Plus, no election tribunal can replace a governor with another candidate again. The era of Salami's judicial impunity is long gone. They will go for a re-run. We operate on laws, update yourself. [/size]

@ porka and chuckwudi44

...
285. (1) There shall be established for the Federation one or more election tribunals to be known as the National Assembly Election Tribunals which shall, to the exclusion of any or tribunal, have original jurisdiction to hear and determine petitions as to whether -

(a) any person has been validly elected as a member of the National Assembly;

(b) the term of office of any person under this Constitution has ceased;

(c) the seat of a member of the Senate or a member of the House of Representatives has vacant; and

(d) a question or petition brought before the election tribunal has been properly or improperly brought.

(2) There shall be established in each State of the Federation one or more election tribunals to be known as the Governorship and Legislative Houses Election Tribunals which shall, to the exclusion of any court or tribunal, have original jurisdiction to hear and determine petitions as to whether any person has been validly elected to the office of Governor or Deputy Governor or as a member of any legislative house.

(3) The composition of the National Assembly election Tribunals, Governorship and Legislative Houses Election Tribunals shall be as set out I the Sixth Schedule to this Constitution.

(4) The quorum of an election tribunal established under this section shall be the Chairman and two other members...

...
246. (1) An appeal to the Court of Appeal shall lie as of right from -

(a) decisions of the Code of Conduct Tribunal established in the Fifth Schedule to this Constitution;

(b) decisions of the National Assembly Election Tribunals and Governorship and Legislative Houses Election Tribunals on any question as to whether

(i) any person has been validly elected as a member of the National Assembly or of a House of Assembly of a State under this Constitution,

(ii) any person has been validly elected to the office of a Governor or Deputy Governor, or

(iii) the term of office of any person has ceased or the seat of any such person has become vacant.

(2) The National Assembly may confer jurisdiction upon the Court of Appeal to hear and determine appeals from any decision of any other court of law or tribunal established by the National Assembly.

(3) The decisions of the Court of Appeal in respect of appeals arising from election petitions shall be final...

lastpage:
That place where some indigene said they have not had light in FOUR YEARS!

No wonder his brain is in permanent reset!

he will be forgiven if he ports to another state sharp-sharp


Lastpage!

In the recent amendment process, some changes were introduced to the structural arrangement of election tribunals. The amended Constitution consolidated some of the roles of the National Assembly and the Governorship and State Houses of Assembly election tribunals into one by establishing a tribunal called the National Assembly and State Houses of Assembly Election Tribunal.[45] There will be at least one such Tribunal for the Federation.[46] The number of members of this tribunal was made smaller than that of its predecessors (the National Assembly Election Tribunal and the Governorship and Legislative Houses Election Tribunal); it is made up of only a Chairman and two other members.[47] A quorum can be effectively established with the chairman and one other member.[48]

The jurisdiction of the National Assembly and State Houses of Assembly Election Tribunal is more limited than that of the previous National Assembly Election Tribunals. The National Assembly Election Tribunals, before the amendment, had jurisdiction to make determinations on whether:

a person has been validly elected;
the term of a person under the Constitution has ceased;
a seat of a member of the National Assembly has been vacant; and
a suit before an Election Tribunal has been instituted properly.[49]

Under the amended Constitution, the jurisdiction of the National Assembly and State Houses of Assembly Election Tribunals is limited to determining whether a person has been validly elected to the National Assembly or the House of Assembly of a state.[50]>Its jurisdiction is, however, identical to that of the Governorship and Legislative Houses Election Tribunals, which had jurisdiction over election petitions arising out of races for State Houses Assembly and whose jurisdiction was limited to determining whether a person had been validly elected to such office.[51]

Some of the jurisdictional powers formerly enjoyed by the National Assembly Election Tribunal have been shifted to the Federal High Court. The Federal High Court now has jurisdiction to adjudicate and determine whether a term of office of a member of the National Assembly or a state House of Assembly has ceased and whether or not the seat has become vacant.[52]

Procedural changes were also introduced to petitions concerning the offices of governors and deputy governors. Before the 2010 amendments, election petitions concerning these offices were, as indicated above, dealt with by the Governorship and Legislative Houses Election Tribunals, of which there was one in every state.[53] These Tribunals have been replaced by Governorship Election Tribunals, of which there also is one in every State of the Federation; these tribunals enjoy original jurisdiction to make determinations as to whether any person has been validly elected to the Office of the Governor or Deputy Governor.[54]

Determination of whether the term of office of a Governor or Deputy-Governor has ceased or the position has become vacant now lies with the Federal High Court.[55]In a recent case, the issue of whether the tenure of five governors had ended and whether their seats are open for contest in the 2011 election season was adjudicated by the Federal High Court in Abuja and was taken before the Court of Appeal in Abuja only on appeal.[56] At issue in that case was a constitutional provision, as it existed prior to the 2010 amendments, on tenure of governors which specifically stated:

…the Governor shall vacate his office at the expiration of period [sic] of four years commencing from the date when –

(a) in the case of a person first elected as Governor under this Constitution, he took the Oath of Allegiance and oath of office; and
(b) the person last elected to that office took the Oath of Allegiance and oath of office or would, but for his death, have taken such oaths.[57]

chukwudi44:
Ghandi don't you understand simple English language? The amendments you posted had nothing to do with what we are debating!! We were debating issues of final court of arbitration for the various elections tribunals whether Governorship, Senatorial etc and not matters of jurisdiction!! Your post clearly indicates that the jurisdiction of the election tribunals has been strictly restricted to determining whether a politician was validly elected and nothing more, ...

chukwudi44:
I know for sure that the constitution was amended making the supreme court the final court of arbitration for governorship elections cases because Fayose's election case was settled by the supreme court

porka:
[size=13pt]Where did you get this from?
It was amended ages ago.
Check you books well.[/size]