₦airaland Forum

dustmalik:
The judgement here is simple. Darius Ishiaku and PDP were never part of that election. They weren't even eligible for the election, to begin with. This, I have explained severally. so you are either playing dumb or you are just plain dumb. What this means is that the only eligible candidate with the highest votes in the election was Aisha Alhassan. Therefore, there was no need for the petitioner to seek for her mandate.

I'll not be replying you again on this matter. If you can't understand this and realise that PDP has no case here, then I'm sorry for you.

Don't worry. Tomorrow a legal expert will go on one of the dailies or television stations and expose your stup1dity for all to see. Just have patience.

AZeD1:
Law is not mathematics so you can't use the situation in one case to judge another.
Have you ever wondered why some people steal and are given 6 months while the same crime committed by another person gets 5 years?

yes u are right, d circumstances in apc of benue case is quiet different from pdp of taraba, there were to beat d deadline of Dec 11, but in pdp case, there still have alot of time to have conduct d election in taraba,

bashydemy:
ok am waiting patiently, but mind you additional evidence will not be accept by the appeal court only the evidence used at tribunal will be review at the appeal and Supreme Court

You are right. The appellate courts will only decide whether the applicable laws were properly applied.
So, if the PDP didn't introduce evidence showing that it had INEC's approval to hold the primary outside Taraba, then I think the appellate courts will uphold the tribunal's ruling.

chukkiephil:
wow!! Really, now this is funny, was it not the same INEC that cleared the candidate to contest for election? So why did INEC allow him to contest for the election? This Government is now turning INEC into a joke

U pple 4get it was GEJ in power when inec accept that flaw primary not Buhari.pdp always shooting himself ind foot & wailing like mad hyena,common primary they cnt conduct freely & fairly,always rigging,an undemocratic party.

hinwazaka:
That's where he will fail. ABACHA tried the same and we put him in his grave. If the President wants to test his power, then his wife and children should prepare for a life without a head.

ABSOLUTE GIBBERISH!!!! What sort of uneducated derelicts do we actually have on nairaland? Children spewing nonsense just to justify the use of data.. One other Idiot claimed that "we" put Abacha in his grave...I can actually imagine how you guys actually come across in when met in person..

seunmsg:
The tribunal cannot even declare any PDP member as winner because no primary known to law took place in Taraba and so therefore, the party had no candidate at all in the election. In the case of Amaechi, a legitimate primary took place and Amaechi won legitimately. He was presented to INEC as the party's candidate but his name was later illegally substituted for that of Omehia. He went to court and won his case on the basis of the substitution that is unknown to law.

You're perfectly correct

TonyeBarcanista:
Just yesterday, the Taraba state governorship election petition tribunal that sat in Abuja nullified the election of Governor Ishaku Darius of the PDP in favor of Hajia Aisha Alhassan of APC. The decision was based on the ground that Architect Ishaku Darius was not validly nominated by the PDP in contravention of Sections 78, 85 and 87 of the Electoral Act(EA 2010). Specifically, the tribunal held that the PDP never had legal candidate for the Taraba poll.

If we are to go by the judgement, then it will be fair for the Benue state election tribunal to nullify the election of Governor Samuel Orthom of APC because his nomination contravened S 78(b)(1)(2), 85(1) and 85(2) of the Electoral Act as well.

Governor Orthom's Illegitimate Nomination:
According to INEC's timetable for 2015 General election, primary election of candidate was slated for October 2 and December 11, 2014.

The APC Governorship primary election for Benue state was originally slated for December 4/5 2014, but it wasn't held. It was again shifted to December 11, 2014(deadline) but NO primary election was held on the said day. No report that any delegate participated in ANY primary election on that day. The party 'elders' settled for a consensus candidate before the midnight of the day. Even the pro-APC Nations Newspaper reported that;

"Chief Ortom emerged after other governorship aspirants stepped down for him at the end of a close door meeting brokered by the senate minority leader, Senator George Akume, in Makurdi."
www.thenationonlineng.net/benue-apc-settles-ortom-governorship-candidate/

In fact, the five other APC aspirants including, Emmanuel Jime, Mike Iordye, Akange Audu, Sen Joseph Waku and Prof Steve Ugbah released a statement on December 12, 2014 to REJECT the arrangement of the so-called party elders in Benue state (see here www.leadership.ng/news/394871/benue-apc-primaries-5-guber-aspirants-reject-ortom).

Further more, INEC was NOT present at the dead of the night to witness the illegitimate arrangement that was held inside somebody's parlour. Let us no forget that Goodluck Jonathan though a PDP consensus candidate, went through formal primaries to fulfill the Electoral Act.

APC Has No Legal Gubernatorial Candidate For Benue state:
Going by the above, the arrangement that brought Samuel Orthom as the APC candidate for Benue state governorship election contravenes sections 78(b)(1)(2) and85(1)(2) of the Electoral Act 2010.

Section 78 (b) (1)(2) of the Electoral Act states: In the case of nomination to the position of Governorship candidate, a political party shall where they intend to sponsor candidates:

(i) hold special congress in each of the Local Government Areas of the States with delegates voting for each of the aspirants at the congress to be held in designated centres on specified dates.

(ii) the aspirant with the highest number of vote at the end of the voting shall be declared the winner of the primaries of the party and aspirant’s name shall be forwarded to the commission as the candidate of the party, for the particular state.

The arrangement that brought Orthom never met the above condition. Hence, the APC technically has no candidate for Benue state governorship election 2015. There is no record that APC Benue delegates endorsed Samuel Orthom as candidate through voice votes or ballot box. There is also no record that INEC witnessed any Benue APC governorship primary election on or before December 11, 2014 which is in contravento to S85 of the Electoral Act.

The PDP candidate Terhemen Tarzor should have been declared as the legitimate winner of the election by INEC and the Tribunal.

INEC's and Judicial Glaring Hypocrisy:
The position of INEC on Taraba and Benue states reeks double standard. While they testified that they never witnessed ANY primary legitimate PDP primary for Taraba state governorship contest, the FAILED to testify same for Benue state. This issue though part of PDP's petition, must be seriously pursued by the PDP at the Court of Appeal to reclaim Benue state to the people.

The Petition tribunal in Benue state unfortunately dismissed the issue on "technical" ground in the rulling on September 21, 2015 in order to keep Orthom in power. This is double standard from the Judiciary. You can't nullify A and Uphold B when they bother on the same matter. I'm optimistic that the Court of Appeal will upturn the verdict.

What is good for Taraba should be good for Benue.!!!


May God Bless Us All and Bless Nigeria

I will be happy if you write about IMO state


There was no conduct of primaries by APC in Imo State yet the Muhammadu Buhari's tribunal upheld the election of Okorocha. In fact, the report reaching us had indicated that Okorocha's son in-law was named not nominated as APC candidate Imo State. Nigeria is a joke and it seems worse everyday.

CFCman:
You are right. The appellate courts will only decide whether the applicable laws were properly applied.
So, if the PDP didn't introduce evidence showing that it had INEC's approval to hold the primary outside Taraba, then I think the appellate courts will uphold the tribunal's ruling.

yes ooo bro, I just dey pity the kind money wey that Ishaku go waste for appeal and Supreme Court. And later his days in office will be investigate and if money was squandered, he will face EFCC.


Barcanister, firefire, chukwudi44, truckpusher, etc how market for PDP ooo

PassingShot:
PDP can actually lose the two states. No two legal battles are EXACTLY the same. Each case has it's own peculiarities and wining a case is largely dependent on how the lawyers are able to argue their case CONVINCINGLY.

So, what will determine the two cases (Benue and Taraba) goes beyond writing artlicles on Nairaland or PDP/Metuh writing press releases to blackmail the judiciary. If such tactics would work, Taraba's tribunal would not have favoured Mama Taraba given that PDP had shouted of cladenstine plots before that judgement.

So, COOL DOWN!

Oga shatap! You know nothing. Y are there references in law Court? Judgement can be delivered on a case based on previous judgemdnts on similar case(s) in the past.

TonyeBarcanista:
Who's the dundee? Did you comprehend that there was NO delegate that participated in the sham in Benue as against S78 of the EA and that other 5 APC aspirants rejected the arrangement?

Look judgement is base on evidence,did d other 5 APC aspirants appear as witness in court or u think judges accept hear say,was they any evidence that ortom is still a member of pdp tendered in court?

PDPwayoo:
@Barcanista has no brain. he is just a crier. PDP forget so early. PDP should learn how to be opposition and shut up.

1. Jame Ibori was an ex-convict b4 he became a governor, he stole ply wood. THE SAME COURT/JUDICIARY UNDER PDP FOUND HIM NOT GUILTY.

2. Jame Ibori was cleared of more than 200 corruption charges b4 he played himself into the hands of UK by THE SAME COURT/JUDICIARY UNDER PDP.

3. Lucky igbinedion was found guilty of embezzling billions and the THE SAME COURT/JUDICIARY UNDER PDP GRANT HIM BAIL WITH JUST 1 MILLION NAIRA

4. People were still voting in 2003 election, some are yet to be accredited when Ibori was celebrating election victory.

5. Under PDP, Okadigbo carry NAS mase to his home and the same PDP lead govt. went to Benin to purchase new mase.

6. Under PDP govt. the First lady PEJ was appointed as a permanent secretary in Bayelsa state while her office was in Abuja.

7. Under PDP we lost Bakassi to Cameroon. Since then, Cameroon became arrogant to Nigeria and Nigerians

How many we go fit count? anybody crying for PDP is enemy of Nigeria.

all this happen during Obj watch in PDP. this said man used all government apparatus to intimidate opponent, Guess which party this Obj belongs to now

bashydemy:
yes ooo bro, I just dey pity the kind money wey that Ishaku go waste for appeal and Supreme Court. And later his days in office will be investigate and if money was squandered, he will face EFCC.


Barcanister, firefire, chukwudi44, truckpusher, etc how market for PDP ooo

What he said is what every Tom,Dick and Harry is already aware of and if you think that there is no evidence to pursue this case to a logical conclusion then think again .

hinwazaka:
Who made you an authority. Are you a legal advocate. Do you have any understanding of the constitution. As far as am concerned, you and him are legal illiterates. We should all wait for the understanding of this judgement from the legal juggernauts from both sides of the divide. Till then, don't award any ediot any titles. Rubbish

It is good to read and understand if you do not know the essence of education.what I said was based on what led to the annulment of the first respondent's election as the guy rightly pointed out as required by the electoral acts,no one is saying there is no room for appeal,we based our comments on the rulling by the tribunal on why the petitioner had the ruling in her favor.

PassingShot:
You're perfectly correct

There was no conduct of primaries by APC in Imo State yet the Muhammadu Buhari's tribunal upheld the election of Okorocha. What do u say about it

Truckpusher:
What he said is what every Tom,Dick and Harry is already aware of and if you think that there is no evidence to pursue this case to a logical conclusion then think again .

Hahhaa what evidence? So you have evidence and could not provide them at the tribunal so na appeal court you wan tender the evidence? Your name na sorry, appeal court will not accept any additional document. Like I said PDP is still learning.

Goddex:
Just six months and the
APC/Buhari govt is already far worst than PDP.

INEC and the judiciary which the GEJ govt strengthened are now compromised
and turned to political tools.

Nigeria is being returned to the pre-Yar'Adua/GEJ era.
This is obviously going to be the longest 4yrs ever.

These are part of the anti corruption reforms itsey sagay promised for the judiciary. They promised to look for judges who can do their biddings without minding what happen afterwards. Awon olodo, hypocrites. They label everyone corrupt while they swim and revel in corrupt practices.

Goddex:
Just six months and the
APC/Buhari govt is already far worst than PDP.

INEC and the judiciary which the GEJ govt strengthened are now compromised
and turned to political tools.

This Serve PDP right, when they think, they can hijack the senate so they can control the country again,

Daring the Federal Might is dangerous, I promised you that all the Tonyebacarnista wrote up their had being taken care of before the Tribunal's judgement, the lawyers know their Job well, APC has them as well as PDP so the winner takes all

U

NgeneUkwenu:
This "jejune" and emotional article can only sway the herd of illiterates following you on Nairaland.

Let us for the Sake of argument assume the cases to be same:

The questions you should have asked yourself before coming up with this crap, you called opinion, were:

Did the PDP candidate in Benue State file his ground of petition on the "in appropriateness' of the primary election that brought up Otorm as a candidate?

If he did above, was INEC as an Observer, invited to testify?

If he did the above, did INEC aver at the Tribunal that no primaries actually took place?

Did he submit all the relevant documents to prove his case beyond doubt?

Or do you think the Tribunals are Father Christmas who decides cases based on hearsay?

Abeg Go sit down!

U seem to understand the law very well , what will u say about the provision below as regards the judgement.

olaboy33:
introvert is back again.......

Ooh.....i get... today is sunday no work today

if today is Sunday, can't she go church?

bashydemy:
Hahhaa what evidence? So you have evidence and could not provide them at the tribunal so na appeal court you wan tender the evidence? Your name na sorry, appeal court will not accept any additional document. Like I said PDP is still learning.

Lmao, the same tribunal that discarded key evidences to enable the olodo General and his cronies have their way and impose a party candidate on the people ?

The same tribunal that its biased nature was even visible to the blind?
The APC and Buhari led Govt. is becoming power drunk and a national embarrassment to Nigerians that understood the basic tenets of democracy - Let them continue to fool around even as the economy which was suppose to be their primary assignment is in the gutters.

bashydemy:
Barcanister is here again with his nonsense write up as usual, Ok let's accept its was an agreement between the elders of the party but was held in Makurdi unlike that of taraba that was held in Abuja.

Gbam!!!!

...

coruso:
UU seem to understand the law very well , what will u say about the provision below as regards the judgement.

That section of the electoral act was rejected at the Federal high court, so it's a nullity. Read here

http://www.vanguardngr.com/2011/07/court-rejects-sections-of-2010-electoral-act/

PDP is a genuine loser as far as Taraba is concerned, and there is nothing the appellate or supreme court can do about it.

dan56:
I will be happy if you write about IMO state


There was no conduct of primaries by APC in Imo State yet the Muhammadu Buhari's tribunal upheld the election of Okorocha. In fact, the report reaching us had indicated that Okorocha's son in-law was named not nominated as APC candidate Imo State. Nigeria is a joke and it seems worse everyday.

In the case of Rochas is very technical boss

Truckpusher:
Lmao, the same tribunal that discarded key evidences to enable the olodo General and his cronies have their way and impose a party candidate on the people ?

The same tribunal that its biased nature was even visible to the blind?
The APC and Buhari led Govt. is becoming power drunk and a national embarrassment to Nigerians that understood the basic tenets of democracy - Let them continue to fool around even as the economy which was suppose to be their primary assignment is in the gutters.

you how stupid you are? So the lawyers to the PDP are so dumb that they could not provide strong evidence .. PDP is completely dead and mind you it's not business as usual. About your tribunal bias so we should accept they are also bias with the Delta and Abia tribunal too.

Energito:
Mr please what is happening in Baylesa state?i was going to baylesa state capital but when i reach igbogene the road was block because of biafra protesters..mr you made us believe that ijaw is no biafra.please what is happeninng?

if u stay in the south u will begin to notice that the southerners are now leaning towards biafra

airfinance:
My brother much as I reasoned with you on this,but you must understand the complex nature of Nigerian politics,we ve had instances where INEC disqualified certain candidate base on in eligibility before you know it INEC was ordered by the court as not having right to make such pronouncement,there is something wrong with our laws in this part of the world

simply put, the law favours Whoever that is in power

TonyeBarcanista:
My Darling, thanks a bunch. It is time to review some of the arrangement of APC. The case of Orthom is glaring. I'm optimistic that the court will do the needful.

I just hope we are not going back to the OBJ do or die politics. My only regret is some educated illiterate Youths refuse to see beyond their nose on issues like this, rather they will term you wailers. Nigeria is our country and only me and you can make it better.

If this is a change they are talking about we are in big problem, are we moving forward or backward when our judiciary has been compromised already

airfinance:
This is the best and sensible comment ever on this subject matter,you just nailed it simplified,accurate,intelligent and concise. I dnt knw why people will never understand despite their claims of being educated. Thumbs up man

Hmmm. I have noticed many of them know the truth. But will rather whine andpost false infos to deceive the gullible

CFCman:
INEC's hands were 'tied' by the Electoral Act (2010). The law prohibits INEC from disqualifying any candidate, even if such a candidate is an ex-convict.
It's only the courts that are granted the powers to disqualify anyone from running for office.

Thanks for the info. But how come the APC candidate didn't bring that up all the while & when she was initially ahead in the polls? Why is it an issue now?

bashydemy:
you how stupid you are? So the lawyers to the PDP are so dumb that they could not provide strong evidence .. PDP is completely dead and mind you it's not business as usual. About your tribunal bias so we should accept they are also bias with the Delta and Abia tribunal too.

People like you are called educated illiterates that refuse to see beyond their nose. Only APC knows the law. GMB shamefully and openly manipulate the judges in his favour and you said it's not business as usual. Can't you read?