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Nairaland Forum / Nairaland / General / Politics / Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election (36009 Views)
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Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by lastpage: 9:21am On Nov 23, 2015 |
ichidodo: See this [size=14pt]M.ORON![/size] SMH!!
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Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by IFELEKE(m): 9:21am On Nov 23, 2015 |
The law they say is an ass... This is getting interesting, all parties involved have a good chance and will get their day in court, we'll see how it goes. |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by Ikiriye(m): 9:23am On Nov 23, 2015 |
OnankpaBa:That will not happen,reason is that Amaechi of rivers state was not elected in pdp platform as been quoted.the issue of party is null and void but rather the candidate.otherwise there was no reason for Amaechi to become gov of rivers state since pdp suspended him.but because of bribes which is the bane of our society he was forced in by the so called supreme court.if the case was against apc will day not say the election should be cancelled.let us be sincere in our comment.a rerun is the only way.let the deputy contest and show his popularity.enough of imposition of candidates by the presidency on people.the same useless way of governance by pdp is exactly what this apc is doing.pot calling kettle black |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by godoluwa(m): 9:25am On Nov 23, 2015 |
donTbone:I read dat ur write up & its insightful. politicians are not to be trusted. APC should be d first suspect in dis Audu case until we are able to knw who killed Funsho Williams |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by Ikiriye(m): 9:29am On Nov 23, 2015 |
lastpage:You are the slowpoke. |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by Eziachi: 9:30am On Nov 23, 2015 |
lastpage:Your reasoning is the reasons I said what I said before that Nigerian like you do not believe that people can die suddenly without the hand of anyone in it. And what's your definition of a wholesome health. How do you know a wholesome healthy person by merely looking at them. Kanu Nwankwo was playing football without knowing that he had a dangerous big hole in his heart that could have killed him at anytime and anywhere. In your mind, he was a very healthy young man. Many like you for years accused Friday Ekpo of killing Sam Okwaraji. Yes as a medical practitioner, I can authoritatively tell you that a person can vomit blood for 100 many reasons. His family that you are quoting are not toxicologist or experts who had conducted an autopsy to found out what kill him. In a society like Nigeria people even event stories to fit their warped superstitious beliefs and those like you will run to town with it and still acclaimed to be educated at the same time. |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by Gidi3020(m): 9:34am On Nov 23, 2015 |
Somebody should please invite Jack bauer, he's the only one that should be trusted in this case! |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by Ikiriye(m): 9:36am On Nov 23, 2015 |
Eziachi:The same doctors that kills their patient due to carelessness and say they are educated.make we hear something.NMA keeps covering Nigerian doctors after they commit blunder and give it a name. |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by Nobody: 9:43am On Nov 23, 2015 |
ayindejimmy:That Ameachi judge did not make legal sense. Almost every lawyer I know think the same |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by limamintruth: 9:43am On Nov 23, 2015 |
agabusta: Still wishful thinking mister. Casted votes cannot be transferred from one individual to another whether or not both are of the same political party. And though both the constitution & the electoral act are silent on this particular scenerio/case, the following section of the constitution seems most related to the case at hand: "178(3)Where in an election to the office of Governor of a State one of the two or more candidates nominated for the election is the only candidate after the close of nomination, by reason of the disqualification, withdrawal, incapacitation, disappearance or death of the other candidates, the Independent National Electoral Commission shall extend the time for nomination." Note that Faleke cannot be declared as the 'rightful candidate' for apc at this point cos he is neither the rightful winner of apc's primaries nor has inec declared apc's governorship flagbearer as winner of kogi state governorship election. The phrase "It is the political party that is the beneficiary of an election & not the candidate" was erroneously cited by Barr. Abayomi(as culled from the op) in isolation. The position of law must always prevail over & above any party's supposed benefits (Rotimi Amaechi's case comes to mind). Amaechi was declared winner of Rivers state 2007 governorship election by the supreme court solely because in the eyes of the law, he was the 'rightful candidate' of pdp (being the winner of the party's governorship primaries at the time). Hence simply put, Abubakar Audu's votes cannot be transferred to Faleke cos in the eyes of the law, Faleke is still apc's deputy governorship candidate & not the party's substantive governorship candidate. The only viable way out is to cancel the inconclusive election & fix a new date for a fresh election wherein apc will field a new governorship candidate for the election. B.T.W, I wonder why all apc members seem apprehensive & scared of having fresh elections conducted by inec. |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by ebenezer8(m): 9:49am On Nov 23, 2015 |
My question is what does the constitution said about the name of a dead candidate on a ballot papers what happen to his position if say he get the highest vote |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by Eziachi: 9:50am On Nov 23, 2015 |
Ikiriye:Remember what you called it yourself? A blunder. Am not telling you that it's impossible to be poisoned to death, but what I was telling you was that 99.99 percentage of deaths are caused by ill health. Ordinary contaminated food stuff can kill you in an instant. Some species of cassava if not well processed to get rid of cyanide in them can be lethal if consumed. A food allergy can kill in an instant. |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by okonjoshua: 10:07am On Nov 23, 2015 |
Tmaritas76:na political scientist him be nah!b |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by bakila: 10:08am On Nov 23, 2015 |
ichidodo:That is a PDP jaundiced view of the situation. Unfortunately for PDP it is either another APC candidate, Faleke or another election. |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by Eziachi: 10:10am On Nov 23, 2015 |
My take on the matter is that this case is purely a constitutional issue that had to be resolved by the highest constitutional court with an emergency ruling since the owners of their military constitution never envisioned this sort of scenario happening. In such scenario, all judges of the Supreme Court shall be involved and whatever their decision stands based on the following: 1.Fresh poll with the APC choice of a candidate. 2. Conclude the poll with the deputy inheriting the mandate. 3. Conclude the poll with APC nominating a replacement if the mandate belongs to the party. And then the lawmakers can then amend the law to address such a scenario in future with possibilities of: But If I was a judge, I will go for option 1, which would be harsh on APC especially if they are unsuccessful but seems the fairest option in my personal opinion. At the moment all opinion are based purely on selfish political affiliations and the normal and natural Nigerian tribal sentiments. |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by Nobody: 10:12am On Nov 23, 2015 |
His death is unfortunate however the mandate was given to APC not Audu. Since Audu and Faleye's names were submitted to INEC - Faleye may become the elected governor. Again the candidate who came second during the primaries may have a case here. I think it will come down to APC leadership to determine what they will do. The PDP may also have a case if the candidate who came second during the primary is given the mandate. PDP can simply say his name was not submitted to INEC. This is an opportunity for lawayers to make money as all parties will be seeking legal counsel. |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by donTbone(m): 10:13am On Nov 23, 2015 |
godoluwa:Finally got someone who could see thing in different way! |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by donTbone(m): 10:16am On Nov 23, 2015 |
lastpage:[b]*Everything points to PDP and their candidate, poisoning Audu, to get a re-run and boost their chance. [/b]This...I dnt really wanna comment about |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by donTbone(m): 10:18am On Nov 23, 2015 |
OrlandoOwoh:Ok Am confused, are we done now? |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by Nobody: 10:18am On Nov 23, 2015 |
ebenezer8: There is no election in Nigeria where a candidates names has been on the ballot paper. The party's name is on the ballot paper which means the mandate belongs to the party. However the party must submit that name of the candidate and his deputy/running mate to the electoral body. If the party wins the election the mandate is given to the person/persons whose names are submitted. The problem here is that Audu's name was submitted to be governor and faleye submitted to be deputy. Now that Audu is dead --can INEC give the certificate to faleye even though his name was only submitted as deputy? |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by OnankpaBa(m): 10:19am On Nov 23, 2015 |
Ikiriye: stop wailing...lets wait for our legal team to battle it out. |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by OnankpaBa(m): 10:20am On Nov 23, 2015 |
belabela: in summary...thanks for the shut bro |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by OnankpaBa(m): 10:22am On Nov 23, 2015 |
lastpage: May God bless you richly bro |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by Goldencollins: 10:25am On Nov 23, 2015 |
ceejay80s:INEC is yet to declare the winner of kogi state election so don't use Yaradua and GEJ case as a precedent to this cuz they are not synonimous in anyway |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by Nobody: 10:38am On Nov 23, 2015 |
Goldencollins: It is true that a winner has not been decalred but INEC can not deny that there was a governorship election in Kogi that was conducted. INEC has done the best they can do in this circumstance - since the situation is not covered in the constitution. However INEC can not annul an election that has been conducted because a candidate died. |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by mart2k(m): 10:48am On Nov 23, 2015 |
donTbone:sorry, uar d only person that can answer ur STU.PID question. Mayb na ur family members kill am. Non.sense |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by donTbone(m): 10:49am On Nov 23, 2015 |
mart2k:ok. Thanks. Can you kip going! |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by odovonnestor1: 10:51am On Nov 23, 2015 |
In my opinion I think Party the party is the one that wins election. And the Running mate have to step in (if the running mate was registered by INEC). But then I dont know if this is captured in the constitution. On the other hand, APC may have to choose between Taraba and Kogi, because should they twist the Kogi Election to go there way, what happend to Taraba governorship judgement. If the PDP Governor was sacked in Taraba for not being dully elected on party platform, PDP should produce another person. REMEBER "PARTY WINS ELECTION NOT INDIVIDUAL" And should we go with that very logic, then any decampee must have his seat decleard vacant. Remeber how Amechi came to become Governor, when Omehia was removed by court. Just the same as Taraba. We must have a law that states those things clearly and Judges/Politicians should not be twisting things to favour them. We cannot continue to run the country by selfish correct law interpretation by Judges. My opinion though 1 Like 1 Share |
Re: Lawyers To INEC: Death Of APC Candidate Does Not Invalidate Election by mart2k(m): 10:53am On Nov 23, 2015 |
zinachidi:Point of correction, Kogi pple voted APC not Audu or did he contest without a political party? |
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