₦airaland Forum

keyamo the legal jagaban

egobetatoday:
u are right. igalas are like hausas who only vote for their sons. if a fresh election is conducted,with faleke as the candidate he wouldnt get much from the igalas. Also if he is made the substansive candidate for Apc , he wouldnt still get their votes( igalas) so Wada wins ultimately.

And DT is why those DT are calling APC & tinubu are quite STUPID. Wada was losing. Wada killed his opponent for 49,000 votes. I'm indulging myself in their stupidity of course.

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IsraeliAIRFORCE:
Warp interpretation of Electoral act by a partisan lawyer.

Who becomes the APC flag bearer and who now serves as the running mate to stand for the inconclusive election when it is forbidden for one candidate to represent a party?

Is it lawful for votes cast for Audu/Faleke to be added to a partial combo?

It doesn't add up hence a new election is appropriate and sustainable as to check breakdown of law and order in the State.

Stop this jor,The elction is between APC,PDP and the rest of the parties, Yesterday when the collation is going, Did the returning office from each LGA mention any candidate name? NO they only call on parties which mean Party is sponsoring those candidates.. In this case, APC is sponsoring both Audu and Faleke meaning they are on joint ticket and they use their popularity (Audu/Faleke) to get those votes with 40k+ margin and you think APC will forgone that and go for a fresh election? Faleke have every right to that ticket and will go on with it.

oshyno:
Wada don win be dat. igala wey be like hausas. They only vote their own even if na dunde. And believe me they can pull 41k votes to overturn the Apc lead.

Faleke was imposed on Audu by Tinubu, and from the news that lagos was agog by Audu's demise, even APC igalans will teem up with wada to make sure Faleke doesn't rule them. Days ahead will be soo interesting.

Do you even have anything call brain in that your wood head? How could you say Faleke was impose on Audu? What will Audu do, choose another Igala man to be his running mate? try to be reasonable for once.. This is God time for Yoruba to rule Kogi and nothing you a=or anyone can do about it.

modath:
PDP folks are just hoping against hope..

If the death announcement had come before the announcement of a partial result, they would have had a reason to be hopeful..

A supplementary election is all that is in the offing, anyone believing what the lawyers sympathetic to PDP are positing is just living in delusion..

APC hs two choices, allow Faleke to go on & become the governor or choose from one of the guber primary contestants...

APC has only one choice cut out for them, i.e. submit the name of the would be deputy governor. All these nonsense people are postulating is simply hogwash.

simplycarro:
Anyone that thinks APC will forgo a massive 40,000 plus advantage must be smoking the most potent weed in the world.

It is painful to a party that was clearly winning an election but there is nothing they can do rather than go for a fresh poll

oshyno:
Wada don win be dat. igala wey be like hausas. They only vote their own even if na dunde. And believe me they can pull 41k votes to overturn the Apc lead.

Faleke was imposed on Audu by Tinubu, and from the news that lagos was agog by Audu's demise, even APC igalans will teem up with wada to make sure Faleke doesn't rule them. Days ahead will be soo interesting.

Some of you lot just sit and type as if you're in dreamland or without any iota of basic reasoning, not to talk of outright falsehood. You can revel in your wish that you want Wada to win......but why don't you wait to get to Lagos one day in the future before you start spreading news about what never happened in Lagos. You just needlessly fan the embers of discord and ethnic hatred, the one of Igbos vs. Yoruba on NL never do you, you suddenly concoct a non-existent "APC-Igalans"....... must everything be about ethnic sentiments to you?

20pounds:
Everyone has his interpretation cos the situation poses a legal lacuna.

We should get some things clear;

1. Abubakar Audu, until his death was not a Governor-elect, but a candidate in an election.

2. The kogi gubernatorial elections is on-going and has not been concluded, even as I type this. There is no winner yet, until declared by INEC.

What I think will apply in this situation is:

The Courts will hold that independent candidacy is unknown to our laws and the vote for Audu is a vote for APC, but since the law did not envisage this situation, APC cannot nominate a fresh flagbearer as provided by S. 33 of the Electoral Act.

The courts will have to make a pronouncement that will serve as a guide and law in this instance. Either to;

1. Ask the running mate of the Flagbearer to continue with the ticket. Or;

2. Declare votes casted for the APC as wasted votes by virtue of their candidate's diqualification by death.

The erroneous belief by many that INEC will ask APC to nominate a fresh flagbearer is wrong and unknown to law, neither can INEC call for fresh elections because a candidate in an election died.


My opinion is that APC candidate has been diqualified by death and they do not have a candidate in the election. Though he has the highest number of votes until his death, he was still a candidate and the election has not been concluded. This is trite law.

I don't quite agree with your last line. It kind of encourages death before pronouncement as a sure way of upstaging the opposition. Thank you.

20pounds:
Everyone has his interpretation cos the situation poses a legal lacuna.

We should get some things clear;

1. Abubakar Audu, until his death was not a Governor-elect, but a candidate in an election.

2. The kogi gubernatorial elections is on-going and has not been concluded, even as I type this. There is no winner yet, until declared by INEC.

What I think will apply in this situation is:

The Courts will hold that independent candidacy is unknown to our laws and the vote for Audu is a vote for APC, but since the law did not envisage this situation, APC cannot nominate a fresh flagbearer as provided by S. 33 of the Electoral Act.

The courts will have to make a pronouncement that will serve as a guide and law in this instance. Either to;

1. Ask the running mate of the Flagbearer to continue with the ticket. Or;

2. Declare votes casted for the APC as wasted votes by virtue of their candidate's diqualification by death.

The erroneous belief by many that INEC will ask APC to nominate a fresh flagbearer is wrong and unknown to law, neither can INEC call for fresh elections because a candidate in an election died.


My opinion is that APC candidate has been diqualified by death and they do not have a candidate in the election. Though he has the highest number of votes until his death, he was still a candidate and the election has not been concluded. This is trite law.

Sir,

Your opinion is twisted to me. The Supreme court had already by the Amechi vs. Omehia/PDP declared that it is the parties that are voted and not candidates. So how do you come about your theory of disqualification by death? Can you show where it is either in Law or in the constitution?

bakila:
Sentiments is flying all over Keyamo's postulations. You last paragraph summerised the matter 75% percent. The other 25% is the possibility of an election, because the certificate of return of is issued based on a Form EC8e that has the name of the Governorship candidate not his running mate and his party. Faleke was not the Governorship candidate but the runing mate.
PDP will still not win Kogi anyday anytime= my hope and view.

......so the certificate of return handed over to Amaechi back then was based on whose name in the Form EC8e?

Chinom:
Common sense tells me that the APC in Kogi will ever allow Faleke to take over. No body voted for him. People voted for Audu because of Audu and not for the appendage called Faleke. Despite what the legal implications may be, I cannot see the APC in Kogi backing Faleke to take over in case fresh elections are called.
This is a whole new scenario for us all. Keyamo is guessing like everyone else. INEC and the courts will decide what to do next. I think that INEC as the umpire here has an upper hand. INEC will first make a decision before anyone decides to go to court or not. My humble suggestion is that INEC should conduct a fresh election with a fresh candidate nominated by the APC. Faleke's joint ticket with Audu, died with Audu. The election was not concluded.

Fresh poll is the only sensible option.

The first part of your submission is your opinion and has no basis in Law. secondly, it will be illegal to conduct a fresh election based on Audu's death. Do you know on what basis the law allows a fresh election to be conducted?

odovonnestor1:
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

Why will APC choose between Kogi and Taraba. You do not make sense here. In Taraba, PDP flouted the provisions of the law which APC smartly exploited to win in the tribunal. Taraba's primaries was declared non-existent in law, because it was a flagrant disobedience of the law to have gone to hold a primary in Abuja. Amaechi's primaries was recognised because it was held, Amaechi won, yet the national body of the PDP decided to substitute his name (a case of reckless impunity, which the law corrected)

modath:
PDP folks are just hoping against hope..

If the death announcement had come before the announcement of a partial result, they would have had a reason to be hopeful..

A supplementary election is all that is in the offing, anyone believing what the lawyers sympathetic to PDP are positing is just living in delusion..

APC hs two choices, allow Faleke to go on & become the governor or choose from one of the guber primary contestants...

You ppl are leaving One very important factor here ____the people that voted.
I dont think the people wud prefare adeleke to wada .
So there lies anoda issue.

Tamakay:
It is painful to a party that was clearly winning an election but there is nothing they can do rather than go for a fresh poll

Which fresh poll? You can't terminate a process that has begun until its comes to a logical conclusion.

bashydemy:
Stop this jor,The elction is between APC,PDP and the rest of the parties, Yesterday when the collation is going, Did the returning office from each LGA mention any candidate name? NO they only call on parties which mean Party is sponsoring those candidates.. In this case, APC is sponsoring both Audu and Faleke meaning they are on joint ticket and they use their popularity (Audu/Faleke) to get those votes with 40k+ margin and you think APC will forgone that and go for a fresh election? Faleke have every right to that ticket and will go on with it.

You soon forget Tribunal judgment that nullified Taraba State PDP victory and awarded it to APC without taking into consideration that PDP as a party had the mandate and not the candidate.

APC sycohants' defence and logic are always skewed to favour their party

Secondly, do you then subscribe to the logic that if Faleke (God forbid) dies today, INEC will still conduct the supplementary since APC is the one standing for the election and not the candidate?

simplycarro:
Which fresh poll? You can't terminate a process that has begun until its comes to a logical conclusion.

But the man who would have logically concluded the election is dead. The Party APC did not nominate his deputy to contest and that is why INEC too confirmed Audu not Faleke andand if u read section 181(1) and Section 33 of d constitution as amended and the electoral act respectively, there is no room for Audi's deputy. My guy it is very unfortunate situation for the party

Tamakay:
But the man who would have logically concluded the election is dead. The Party APC did not nominate his deputy to contest and that is why INEC too confirmed Audu not Faleke andand if u read section 181(1) and Section 33 of d constitution as amended and the electoral act respectively, there is no room for Audi's deputy. My guy it is very unfortunate situation for the party

Is it Audu on the Ballot Paper or APC? The worst case scenario would be a supreme court judgement to enable APC substitute candidates to conclude the process. APC will NEVER agree to a situation whereby their advantage would be washed away.

simplycarro:
Is it Audu on the Ballot Paper or APC? The worst case scenario would be a supreme court judgement to enable APC substitute candidates to conclude the process. APC will NEVER agree to a situation whereby their advantage would be washed away.

The man on the ballot Paper is dead. And substitution is before d election not during elections or after ok

Tamakay:
The man on the ballot Paper is dead. And substitution is before d election not during elections or after ok

Bros there is no man picture on the ballot, only the party logo appears on the ballot.

IsraeliAIRFORCE:
You soon forget Tribunal judgment that nullified Taraba State PDP victory and awarded it to APC without taking into consideration that PDP as a party had the mandate and not the candidate.

APC sycohants' defence and logic are always skewed to favour of their party

Secondly, do you then subscribe to the logic that if Faleke (God forbid) dies today, INEC will still conduct the supplementary since APC is the one standing for the election and not the candidate?

You know little about politics i think, The issue about Taraba is that the PDP hold their primary in Abuja instead of Jalingo without the knowledge of INEC so the party does not follow due process meaning the party does participate in the election according to Law.. In Kogi's case, Audu and Faleke are both running on the APC ticket and their names are with the INEC including all the candidates meaning Audu and Faleke having met all the requirement are eligibly to participate in the election as the Governorship and Deputy Governorship candidates respectively and they are jointly sponsored by APC...

Now let do it this way, Idris Wada and Mr Yomi Awoniyi, are both Governor and Deputy and contesting for second term, God forbid in a case where what happen to Audu happen to Wada will you say Yomi Awoniyi dont have to right to be the Governor?

okay.

mapet:
......so the certificate of return handed over to Amaechi back then was based on whose name in the Form EC8e?

Ameachi has a suit challenging the appearance of Omehia's name on the ballot. His name was already on Form EC4b(ii) the foundation of EC8e. The EC8e has Omehia's name Pendente lite Ameachi's case that INEC should not recognize anyone as PDP's candidate for Governorship. The rest is history, Ameachi moved from that bold act to another one when he could not stomach's PDP's impunity anymore. He lead to the ouster of another President that wants to mess up with his mandate again.

Emyemyberry:
Mtcheeeeew

the election was declared inconclusive
in as much as apc was leading,does not mean it can not be overturned with the supplementary election by the pdp,

not matter how we argue this,the lacuna that apc was not declared winners can not be covered by any constitusional misintepretation.

one certainty is that there is going to be a fresh poll,and apc will have to present a fresh candidate.

i think am better than this festus keyamo of a guy

IT CANNOT BE OVERTURN BY THE SUPPLEMENTARY, AUDU IS ALREADY AHEAD BY ABOUT 41,000 VOTES, WHILE THE AREA FOR THE SUPPLEMENTARY ELLECTION ACCOUNT FOR ABOUT 49000 VOTES. SO FAR SO GOOD NO WHERE IN NIGERIA THAT HAD RECORDED 80% VOTER TURN OUT, SECONDLY NO ASSURANCE THAT WADA WILL BE VOTED BY ALL THAT WILL TURN OUT FOR THE SUPPLEMENTARY.

bashydemy:
You know little about politics i think, The issue about Taraba is that the PDP hold their primary in Abuja instead of Jalingo without the knowledge of INEC so the party does not follow due process meaning the party does participate in the election according to Law.. In Kogi's case, Audu and Faleke are both running on the APC ticket and their names are with the INEC including all the candidates meaning Audu and Faleke having met all the requirement are eligibly to participate in the election as the Governorship and Deputy Governorship candidates respectively and they are jointly sponsored by APC...

Now let do it this way, Idris Wada and Mr Yomi Awoniyi, are both Governor and Deputy and contesting for second term, God forbid in a case where what happen to Audu happen to Wada will you say Yomi Awoniyi dont have to right to be the Governor?

Goodbye,

I don't do kindergartin analysis neither do I evoke emotions in matters that got to do with laws and constitution.

I know what the law says hence my submissions are always on point 95% of the times.

Assuming Faleke cling to the vote cast for Audu and declared winner .
Wouldn't there be a provable case for PDP to reclaim seat on the ground that Falaeke did not win a party primary as in the case of Taraba state ?

Or is there ban exception

IsraeliAIRFORCE:
Goodbye,

I don't do kindergartin analysis neither do I evoke emotions in matters that got to do with laws and constitution.

I know what the law says hence my submissions are always on point 95% of the times.

hahaha Your submission my foot... Better shut if you don't know anything.. I will remind you later that the 240k+ of APC votes still remain intact.

omolami:
I disagree with Kayemo, APC should nominate the person who scored the highest next to Audu at the primaries to contest the elections. Those who killed Audu should not benefit the outcome thereof. KOGI people should reject killer's squad and vote another Not Fakeye. The killers miscalculated.

In this case, you are suggesting Apc flag Yahaya Bello since he got the second highest number of votes during the primaries? Issorai.

shaqhead:
Go and read on how Amaechi became Governor without contesting for an election!

That's the same point the person you quoted was trying to make

bakila:
Ameachi has a suit challenging the appearance of Omehia's name on the ballot. His name was already on Form EC4b(ii) the foundation of EC8e. The EC8e has Omehia's name Pendente lite Ameachi's case that INEC should not recognize anyone as PDP's candidate for Governorship. The rest is history, Ameachi moved from that bold act to another one when he could not stomach's PDP's impunity anymore. He lead to the ouster of another President that wants to mess up with his mandate again.

Bros,

at the risk of not wanting to pick bits and pieces, I am still of the opinion that the premise on which Amaechi won still suffices. The Supreme courts had declared that it is the parties that contests elections, hence in this case APC.

mapet:
Bros,

at the risk of not wanting to pick bits and pieces, I am still of the opinion that the premise on which Amaechi won still suffices. The Supreme courts had declared that it is the parties that contests elections, hence in this case APC.

Bros at the risk of sound boring, all cases are decided on their peculiar facts. Was Ameachi dead before announcement of result? Ameachi Vs INEC was decided on the fact that the PDP unlawfuly substitute Ameachi that was validly nominated at a primaries and his name sent to INEC by an Omehia that did not buy the nomination for that elections. Read the supreme court summery to understand the difference of the two cases.

Between

RT. HON. ROTIMI CHIBUIKE AMAECHIAppellant(s)

AND

INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORSRespondent(s)

Other Citations

Amaechi v. I.N.E.C. (No.3) (2007) 18 NWLR (Pt.1065) 105

(2007) 7-10 S.C. 172

RATIO DECIDENDI


A. I. KATSINA-ALU, J.S.C (Delivering the Leading Judgment): Let me start by thanking all the senior counsel for the parties for the adroit and impressive manner in which they have put across their arguments both in their different briefs and the oral arguments canvassed in support.
The issues in this appeal fall within a narrow compass. The starting point is the decision made by this court in Ugwu v.Ararume (2007) 12 NWLR (Pt. 1048) 367. The simple issue decided in that case is that a political party wishing to substitute a candidate for another within 60 days to the election must give cogent and verifiable reasons to INEC for the substitution sought. In the said ARARUME case, this court decided that to offer the reason framed as 'error' for a change of candidate is not in compliance with s.34(2) of the Electoral Act. 2006. In this case. the same reason relied upon by the respondent in substituting the appellant with the 2nd respondent is the word 'error' without more. Clearly in my view the cases are similar and the same principle applies. In the arguments of respondents counsel, it was submitted that the fact that there was an indictment against the appellant constituted a reason for INEC to disqualify the appellant. My reaction is that the submission is untenable because there was no indictment known to law against the appellant. No court of law pronounced the appellant guilty of any criminal offence justifying his exclusion from the election. Indeed, he was never charged before any court. It is my finding that the appellant was not substituted in accordance with the law and therefore remained the 3rd respondent's nominated candidate for the Rivers State Governorship election held on 14/4/01.
The submission of the respondents that section 308 enures to the benefit of 2nd respondent is untenable. The wrong upon which the appellant premised his claim had been in existence before the election. The court below correctly decided that the section 308 did not avail the 2nd respondent. I am unable to accept that 2nd respondent enjoys any immunity in this matter.
The claim of the plaintiff/appellant at pages 68-70 of the record are declaratory and injunctive. He brought the claims so that he would not be substituted.
It is my view that the candidate for P.D.P. at the election was the appellant. His name was unlawfully removed. In the eyes of the law, he remained the candidate and this court must treat him as such. My view is that it was the appellant and not the 2nd respondent who must be deemed to have won the elections. The argument that the appellant must be held to his claims overlooks the fact that this court has the wide jurisdiction to give consequential orders and to grant reliefs which the circumstances and the justice of a case dictate. Wherever justice demands it, this court shall rise to do justice without regard to technicality.
I ought not to make an order which does not address the grievance of a party before this court. The only way to accord recognition to his rights unlawfully trampled upon is to declare that the appellant and not the 2nd respondent must be deemed to have won the April 14 Gubematorial Election.
The cross-appeals by 2nd and 3rd respondents fail. The appeal succeeds. The decision of the Court of Appeal is hereby set aside. I declare the appellant the one entitled to be in the Govenorship seat in Rivers State since he was the lawful candidate of the P.D.P. at the election. It is ordered that the 2nd respondent Celestine Omehia vacate the seat of Govenor of Rivers State immediately and that the appellant be forthwith sworn in, in his place. I will give my fuller reasons for the judgment on 18/1/2008.
I make no order as to costs.

.

IsraeliAIRFORCE:
You soon forget Tribunal judgment that nullified Taraba State PDP victory and awarded it to APC without taking into consideration that PDP as a party had the mandate and not the candidate.

APC sycohants' defence and logic are always skewed to favour their party

Secondly, do you then subscribe to the logic that if Faleke (God forbid) dies today, INEC will still conduct the supplementary since APC is the one standing for the election and not the candidate?

How far you don read about INEC stand on the election?


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