Kogi Scenario: AGF Should Head To Supreme Court - Politics (2)

Kogi Scenario: AGF Should Head To Supreme Court - Politics (2) - Nairaland

Nairaland Forum › Nairaland General › Politics › Kogi Scenario: AGF Should Head To Supreme Court (19313 Views)

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Re: Kogi Scenario: AGF Should Head To Supreme Court by ishiamu(m): 7:53am On Nov 23, 2015

Buhari killed him

Re: Kogi Scenario: AGF Should Head To Supreme Court by Ademusiwa1a: 7:53am On Nov 23, 2015

Illiterate

Re: Kogi Scenario: AGF Should Head To Supreme Court by AfroKnight: 7:56am On Nov 23, 2015

Too many loopholes in our laws.

Re: Kogi Scenario: AGF Should Head To Supreme Court by okonjoshua: 7:56am On Nov 23, 2015

Why
This. Is no court case!

Re: Kogi Scenario: AGF Should Head To Supreme Court by nonesense: 7:57am On Nov 23, 2015

He died the the day after election

Re: Kogi Scenario: AGF Should Head To Supreme Court by Nobody: 7:58am On Nov 23, 2015

respect80:
Despite what you just read

that is one apc robot spotted who doesn't give a damn about precedence of law and if the deputy is a fool or incompetent but just wants apc to win... angry

Re: Kogi Scenario: AGF Should Head To Supreme Court by Nobody: 7:59am On Nov 23, 2015

OlujobaSamuel:
I think the running mate should be sworn in based on
the fact that the election process have commenced
before his death, invalidating the votes cast is wrong
because he wasn't the owner of the mandate but the
party.
I believe the Supreme court will just apply the Mischief Rule in the Interpretation Act to arrive at their decision. Since the ACT states before or after, and not before election winner was declared, then the law will assumed that the election have taken place.
Anyway, what do I know?

shey ona no dey read the law abi huh

...only when the governor is sworn in and he dies can the deputy assume the governorship sit...

1 Like

Re: Kogi Scenario: AGF Should Head To Supreme Court by Jolumania432(m): 7:59am On Nov 23, 2015

The Election Can Not Be Cancelled..The Runinmate Should Take Over #Lobatan#

Re: Kogi Scenario: AGF Should Head To Supreme Court by sketcherJ(m): 8:00am On Nov 23, 2015

according to what a SAN said yesterday in nta network news, he said that the election would have to be conducted all over again, APC would have to conduct a new fresh primary election...he cited different constitutional and electoral rules and I know he is right

4 Likes

Re: Kogi Scenario: AGF Should Head To Supreme Court by sunnymaja(m): 8:00am On Nov 23, 2015

The partis fielded candidates. If Audu dies, APC can only replace the candidate because election was actually held. If not held it will be rescheduled but it was held. The second person in the primary election takes over. In Riversome state? A machine was not voted for in the first election but because he won primary, the court ruled that he should be sworn in despite the fact that he was substituted in the election proper. The opinion is that the party has won in.the area and the person duly elected in the party platform takes over. This is my personal opinion

Re: Kogi Scenario: AGF Should Head To Supreme Court by Nobody: 8:01am On Nov 23, 2015

ichidodo:
[color=#1986BC] Much ado about nothing if you ask us.........The Supreme Court should ask for fresh primaries since Faleke wasn't a Candidate but a Running Mate,yes,yes we understand electorate vote parties and not the individuals on the ticket but what is a party's gubernatorial ambition without a candidate and running mate?? Nada.....Remember we cannot substitute a dead candidate for his running mate especially when he was never duly elected,it will just not be fair to the runners up at the primaries, CC Rotimie Amaechi vs Celestine Omehia. [/color]

a perfect point...what ever happened to the runners up during the primaries thats if the apc had any primaries...

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Re: Kogi Scenario: AGF Should Head To Supreme Court by sketcherJ(m): 8:02am On Nov 23, 2015

Jolumania432:
The Election Can Not Be Cancelled..The Runinmate Should Take Over #Lobatan#

the running mate can't take over, u know this is not football...constitution would have to take its toll

2 Likes

Re: Kogi Scenario: AGF Should Head To Supreme Court by Le2money(m): 8:02am On Nov 23, 2015

teebaxy:
do you need to quote all before u make your comment? Vanity

....I wonder ooo

Re: Kogi Scenario: AGF Should Head To Supreme Court by sketcherJ(m): 8:05am On Nov 23, 2015

IzonOwei:
a perfect point...what ever happened to the runners up during the primaries thats if the apc had any primaries...

ichidodo is right..the election would have to be conducted all over again

1 Like

Re: Kogi Scenario: AGF Should Head To Supreme Court by Baboo13(m): 8:07am On Nov 23, 2015

mazzi:
was the deputy name printed on the ballot boxes? Did the people of kogi voted for the deputy or audu? Remember,audu has not been decalared winner so,Inec might have to cancel the entire election and order for a fresh election.

Re: Kogi Scenario: AGF Should Head To Supreme Court by Baboo13(m): 8:08am On Nov 23, 2015

mazzi:
was the deputy name printed on the ballot boxes? Did the people of kogi voted for the deputy or audu? Remember,audu has not been decalared winner so,Inec might have to cancel the entire election and order for a fresh election.

Are names pasted on ballot boxes?

Na wa

Even on ballot papers, only party names are pasted

And do you know the mandate is a joint one? Or when you voted buhari, you didn't vote oshibajo?

Re: Kogi Scenario: AGF Should Head To Supreme Court by bobochem: 8:09am On Nov 23, 2015

firstly,rip to d dead.audu's death shld teach all and sundry dt dis live is vanity upon vanity.Then,secondly,dont ever use amaechi and omehia case to judge wat will happen in kogi state,after d demise of apc gov. candidate.rotimi's claim and agitation was dat he won d primary but his party refuted to give him d ticket.since d electoral act don't stipulate dt d running mate of any gov. candidate can step in as d gov if d party candidate died,before d election.let us wait and see what will happen.This is dilemma indeed!

Re: Kogi Scenario: AGF Should Head To Supreme Court by okpor2(m): 8:09am On Nov 23, 2015

Disagreeing wit this writer on this.First Audu alone cannot choose a running mate.d imput of his party will be there.D election was not annuled.it was only declared inconclusive which is a gud development.Elections must be concluded by this Saturday nd a winner be declared.Anibody not satisfied will now go to court.not for d attorney general to approach d court.When Obasanjo chose Atiku as his vice president after Atiku had won d guber elections in Adamawa state.His deputy was sworn in as d Gov of Adamawa state witout going for interpretations in d supreme court..Even Wada was sworn as d Gov witout a recourse to d supreme court.D elections must be completed within one week nd a winner emerged.Inec is not empoweed to cancel an inconclusive election.

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Re: Kogi Scenario: AGF Should Head To Supreme Court by rasheedmalik113: 8:12am On Nov 23, 2015

RIP EX GOVERNOR

Re: Kogi Scenario: AGF Should Head To Supreme Court by mazzi: 8:12am On Nov 23, 2015

sultan457:
Audu's name was not printed on the ballot paper.The party comes first in this situation then the candidate.

the deputy was not duelly elected or nominated by the part rather,he was just picked by audu after winning his party primary.the question now is will APC present a candidate that did not pass through any party primary? taraba case comes to mind.

Re: Kogi Scenario: AGF Should Head To Supreme Court by localblood(m): 8:13am On Nov 23, 2015

Op abeg which kind english be dix wey person no fit understand? #itayaoh

Re: Kogi Scenario: AGF Should Head To Supreme Court by Sealeddeal(m): 8:13am On Nov 23, 2015

free2ryhme:
It is unfortunate that Audu died. may his soul rest in peace.

Meanwhile, Audu was representing APC and has a deputy. therefore the deputy should continue.

|Remember the case of PDP in Rivers State where Celestine Omeha was presented and Rotimi Amechi was in court.

PDP won the election and Omeha was sworn in. When Amechi worn the case in court Omeha was removed despite the fact that Amechi did not contest the election.

Supreme court ruling was that it is the party that was voted for not person.

So, if Audu is not around, Faleke should take over more importantly that he is also a participant in the election and the party already accepted him as Deputy

but Supreme court also ruled that her judgement in Amaechi vs Omehia's case should not be used as a precedent.

Re: Kogi Scenario: AGF Should Head To Supreme Court by okpor2(m): 8:14am On Nov 23, 2015

[quote author=Baboo13 post=40311545][/quote]was Audus or wadas name printed on d ballot?Only d partys logo nd names were on d ballot nd d party is d one that nominated d candidates.is inec empowered to annul an inconclusive elections?Elections must be completed an a winner declared.Apc definitely is leading nd will win.xo Faleke becomes d winner

Re: Kogi Scenario: AGF Should Head To Supreme Court by OlujobaSamuel: 8:16am On Nov 23, 2015

IzonOwei:
shey ona no dey read the law abi...only when the governor is sworn in and he dies can the deputy assume the governorship sit...

1. There is a caveat in my opinion.
2. Ask a lawyer what a golden, purposive or mischief rule is in interpretation of an ACT.
3. The law says before the poll, the judge can the safely say that anything after the poll is assumed that the election have been held despite the fact that the election is yet to be awarded to a winner.
If inec was unable to declare the winner for about a week after casting of vote due to security reasons, then a candidate(not necessarily the winner), will inec cancel the election?

Re: Kogi Scenario: AGF Should Head To Supreme Court by OlujobaSamuel: 8:19am On Nov 23, 2015

mazzi:
was the deputy name printed on the ballot boxes? Did the people of kogi voted for the deputy or audu? Remember,audu has not been decalared winner so,Inec might have to cancel the entire election and order for a fresh election.

Audu's name was not there either. The mandate is for the party, Audu is just a bearer of the mandate.
1. There is a caveat in my opinion.
2. Ask a lawyer what a golden, purposive or mischief rule is in interpretation of an ACT.
3. The law says before the poll, the judge can then safely say that anything after the poll is assumed that the election have been held despite the fact that the election is yet to be awarded to a winner.
If inec was unable to declare the winner for about a week after casting of vote due to security reasons, then a candidate dies(not necessarily the winner), will inec cancel the election?

Re: Kogi Scenario: AGF Should Head To Supreme Court by Ozorc: 8:20am On Nov 23, 2015

Analysers here should b careful and not to use Rotimi and Omehia as precidence..... We vote party and not candidate, in my own view and little knowledge of electoral act... I think the deputy should continue from were the race hooked cos is more of party affair and judiciary interpretation....

Re: Kogi Scenario: AGF Should Head To Supreme Court by OlujobaSamuel: 8:21am On Nov 23, 2015

OlujobaSamuel:
Audu's name was not there either. The mandate is for the party, Audu is just a bearer of the mandate.
1. There is a caveat in my opinion.
2. Ask a lawyer what a golden, purposive or mischief rule is in interpretation of an ACT.
3. The law says before the poll, the judge can the safely say that anything after then poll is assumed that the election have been held despite the fact that the election is yet to be awarded to a winner.
If inec was unable to declare the winner for about a week after casting of vote due to security reasons, then a candidate dies(not necessarily the winner), will inec cancel the election?

Re: Kogi Scenario: AGF Should Head To Supreme Court by OlujobaSamuel: 8:22am On Nov 23, 2015

Re: Kogi Scenario: AGF Should Head To Supreme Court by Nobody: 8:25am On Nov 23, 2015

According to the ruling on Taraba's case where the tribunal declared the votes scored by the PDP as wasted votes on the grounds that the process that produced him as the party's flag bearer was marred with violence and irregularities, on that said note I stand to say that all the votes APC has scored in the Kogi inconclusive election so far are wasted votes because their nominated candidate for the election is no more and window for submitting or substituting candidate has long been closed.. APC will have to throw in the towel cos there will be no legal ground to pursue this particular case..

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Re: Kogi Scenario: AGF Should Head To Supreme Court by stevLegend: 8:26am On Nov 23, 2015

As Nigerians, we always plan & make amends when things happen. We never expect or plan for the unexpected. I believe the INEC should learn from this and amend their constitution in other not to create unwanted issues to the people of the state.

Re: Kogi Scenario: AGF Should Head To Supreme Court by ldpele(m): 8:26am On Nov 23, 2015

free2ryhme:
It is unfortunate that Audu died. may his soul rest in peace.

Meanwhile, Audu was representing APC and has a deputy. therefore the deputy should continue.

|Remember the case of PDP in Rivers State where Celestine Omeha was presented and Rotimi Amechi was in court.

PDP won the election and Omeha was sworn in. When Amechi worn the case in court Omeha was removed despite the fact that Amechi did not contest the election.

Supreme court ruling was that it is the party that was voted for not person.

So, if Audu is not around, Faleke should take over more importantly that he is also a participant in the election and the party already accepted him as Deputy

am not sure u read the article, the apex court has advice that the above case you mentioned shouldn't be sighted again.

1 Like

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