Rudolfchris:
Ponponkon So we should ignore facts and chase shadows simply because he is PDP lawyer?

The sun set yesterday on Peoples Democratic Party's (PDP) Prince Olagunsoye Oyinlola, as he was sacked as Osun State governor by the Court of Appeal The Justice Clara Binta Ogunbiyi-led five-man appeal tribunal, in a unanimous decision on the appeal filed by Rauf Aregbesola, the Action Congress candidate in the contentious April 14, 2007 governorship election, nullified Oyinlola's election and ordered that the appellant be sworn in as the duly elected winner of the poll.

The court verdict was greeted with wild jubilation by the teeming ACN supporters in court and the news sparked off excitement as it filtered into the state and Ibadan, seat of the court.

The court cancelled elections in 10 of the 30 local governments in the state, where the AC candidate alleged there were over-voting, ballot stuffing and failure to announce the results at polling centres, among other electoral irregularities, as well as intimidation of the voters by the thugs sponsored by the Oyinlola-led PDP.

It held that Aregbesola won the majority votes in the remaining 20 council areas after doing the tally of the ballots in these areas.

Specifically, the five wise men said the ACN candidate scored 198, 799 votes, as against Oyinlola's 172,880.

They therefore, ordered that the Certificate of Return issued Oyinlola by the Independent National Electoral Commission in 2007 be withdrawn and given to Aregbesola, who they declared had satisfied Section 179 (2a and b) and 147 of the Electoral Act.

In the four-hour 37-minutes judgment read by Justice Ogunbiyi, and supported to by Justices M. L. Garba, P.A. Galinge, C. C Nweze, and A. Jauro, the court chided the lower tribunal for validating the election of Oyinlola, despite the avalanche of substantial evidence and exhibits presented by Aregbesola's counsel, saying that it failed to evaluate the preponderance of evidence adduced, thereby displaying jaundiced view on the whole matter.

Tell him Ooooo. As it happened in OSUN, EDO and ONDO ...... So will it happen in Abia.

Gracito:
Lol.

Oooo sweet heart stop laughing. That is my state the charge & bail rawyer (sorry lawyer) was talking about.

SpencerLewis:

Oooo sweet heart stop laughing. That is my state the charge & bail rawyer (sorry lawyer) was talking about.

my state too hun, ABiriBA

Shehucom:
Don't even have time to read any thing from this Dopkesi's lawyer... Good Afternoon nairalanders

and u call yo self a progressive man or apc man? pls what does apc stand for ? I thought the letter a in apc means progressive? progressive curtails that u move away from the old way of doing things, that u reason devoid of hatred or preconceived judgment, but what u v shown in yo writer amounts to backwardness.

jacksonite:
Is he supposed to be a zombie like you? He is learned for your information and he treats each case according to its merit!

thanks so much, lest i forget, send my greetings to those that brought you up in such a way that once you disagree with others opinion the next thing is that you should abuse them.
Thanks once more

dridowu:
thanks so much, lest i forget, send my greetings to those that brought you up in such a way that once you disagree with others opinion the next thing is that you should abuse them.
Thanks once more

sorry he insulted the guy or those that disagree with him as zombies, but pls use yo objective reasoning devoid of sentiments to disagree with Ozokhome on why the appeal court cancel votes of 3 local government areas worth 250, 000 votes when in reality the difference between the parties is just 48 thousand or so

kahal29:


Tell him Ooooo. As it happened in OSUN, EDO and ONDO ...... So will it happen in Abia.

People are quoting new electoral law and you are here referring to the one that was repealed

Tinubutoto:

and u call yo self a progressive man or apc man? pls what does apc stand for ? I thought the letter a in apc means progressive? progressive curtails that u move away from the old way of doing things, that u reason devoid of hatred or preconceived judgment, but what u v shown in yo writer amounts to backwardness.

Brotherly, do you know how many articles I have read today? That I refuse to read or acknowledge something from a man of ozekhomes calibre doesn't stop one from been a progressive. The last time I checked, I didn't even vote APC

Proudlyngwa:
His opinion,
Ikpeazu is more interested in returning the illegal salary he received. The should hold the returning officer responsible for thier error.
Unfortunately tribunal is over

Impostor, fool.

MR SAN or watever u call urself Go To Edo State where u come from and tell them dat(i would have insulted u but i'd resent my thoughts for now)we from Abia state voted not u and ur bought miscreants,we know who won so u don't open ur mouth and speak from a biased heart,Ask INEC who won majority of the vote,Does the returning officer have the right to declare/cancel a result@same time;stay out of Abia issue unless u want spirits of dead civil servants who have died cos of arrears of salaries owed to them to visit u.

i still wonder hw a rasional being will fink dat Abians will condole d ruling of appeal court, seing clearly dat d electns held in isialangwa north, osisioma n obiomangwa were sidelined, can u beat those figures when u coroborate wit d acclaimd Otti's margin? like an earlier post to eer is appeal to 4give is SUPREME.

IsraeliAIRFORCE:



People are quoting new electoral law and you are here referring to the one that was repealed

Show me which section of the amended electoral act that am quoting wrongly

Ponponkon:
Mynd44 and lalasticlala , hera are the orders made by appeal court. Please share let's here from lawyers in the house

Nairaland won't help your master the election rigger.Whatever that lawyer says is his personal opinion. Umu ohuhu on the rise.

kahal29:


Show me which section of the amended electoral act that am quoting wrongly

Read the clause two of what you posted very well which is applicable in this situation. Clause three does not arise because it doesn't satisfies the constitution and the electoral law as amended based on the portion of the laws in the bold below.

Mind you, no where in the Act does it say that a constituency or an LGA should be exonerated and invalidated as a matter of arriving at a winner rather it is a matter of calculation and tabulation to arrive at the number of valid vote scored according to collated results.

The Electoral Act 2010 (as amended) stipulates that where the number cancelled votes exceeds the difference between the number of votes polled by the candidate who comes first and the person in second place, a winner cannot be declared until the conclusion of a supplementary election in the areas affected by the cancellations.


108.Q. What is an inconclusive
election?

Ans. It is an election where the total number of registered voters in units where the results are cancelled or where the elections are postponed, are sufficient to cause a change in the outcome of the election in the affected constituency.


www.inecnigeria.org/?page_id=28

Trut:


Alex Otti is your Gov, you can cry and write grammar till eternity, Otti (Nwa Ohuhu) will still be your Gov.

I just dey laugh you

Rudolfchris:
Ponponkon So we should ignore facts and chase shadows simply because he is PDP lawyer?

The sun set yesterday on Peoples Democratic Party's (PDP) Prince Olagunsoye Oyinlola, as he was sacked as Osun State governor by the Court of Appeal The Justice Clara Binta Ogunbiyi-led five-man appeal tribunal, in a unanimous decision on the appeal filed by Rauf Aregbesola, the Action Congress candidate in the contentious April 14, 2007 governorship election, nullified Oyinlola's election and ordered that the appellant be sworn in as the duly elected winner of the poll.

The court verdict was greeted with wild jubilation by the teeming ACN supporters in court and the news sparked off excitement as it filtered into the state and Ibadan, seat of the court.

The court cancelled elections in 10 of the 30 local governments in the state, where the AC candidate alleged there were over-voting, ballot stuffing and failure to announce the results at polling centres, among other electoral irregularities, as well as intimidation of the voters by the thugs sponsored by the Oyinlola-led PDP.

It held that Aregbesola won the majority votes in the remaining 20 council areas after doing the tally of the ballots in these areas.

Specifically, the five wise men said the ACN candidate scored 198, 799 votes, as against Oyinlola's 172,880.

They therefore, ordered that the Certificate of Return issued Oyinlola by the Independent National Electoral Commission in 2007 be withdrawn and given to Aregbesola, who they declared had satisfied Section 179 (2a and b) and 147 of the Electoral Act.

In the four-hour 37-minutes judgment read by Justice Ogunbiyi, and supported to by Justices M. L. Garba, P.A. Galinge, C. C Nweze, and A. Jauro, the court chided the lower tribunal for validating the election of Oyinlola, despite the avalanche of substantial evidence and exhibits presented by Aregbesola's counsel, saying that it failed to evaluate the preponderance of evidence adduced, thereby displaying jaundiced view on the whole matter.

You need to update yourself on electoral act as amended. You are obsolete

kahal29:


Tell him Ooooo. As it happened in OSUN, EDO and ONDO ...... So will it happen in Abia.

Supreme Court affirms Yari as Zamfara governor
January 8, 2016Premium Times
The Supreme Court on Friday affirmed the election of Abdulazeez Yari of All Progressives Congress as governor of Zamfara State.
Delivering the judgment, Justice John Okoro-led panel of six judges held that the petition lacked substance.
“The grouse of the appellants in this issue, basically, is that there was over-voting and that because of that there was substantial non-compliance with the Electoral Act.
“To prove over-voting, the law is trite that the petitioner must tender the voters’ register.
“The court must also see the statement of result in the appropriate forms which would show the number of registered accredited voters and number of actual voters,” the court said.
Mr. Okoro said the appellant must also relate each of the documents to the specific area of the case in respect of which documents were tendered.
He added that the appellant ought to have shown that figures, representing over-voting, if removed, would result in victory for the petitioner.
“From the finding above, I agree with the court below that the appellants failed woefully to prove over-voting in accordance with the principles laid down by law.
“The reliance on the evidence of one of the witnesses through a document he did not make has not made any difference.
“There is no doubt that a petitioner is entitled to contend that an election or return in an election be invalidated by reason of corrupt practice or non-compliance,” he said.
Mr. Okoro, however, said for a petitioner to succeed on the ground of corruption, he must prove that corrupt practices or non-compliance actually took place.
He said the appellant must also prove that the alleged infraction substantially affected the result of the election.
“There is need for a petitioner who alleges over-voting to lead concrete evidence to show that there was indeed over-voting and that it benefitted the winner of the contest.
“Without doubt, over-voting in an election can be in favour of the appellant, the respondent or other contestants who participated and lost at the election but are not parties to the petition.
“Therefore, the onus is on the petitioner to show that the over-voting was in favour of the respondent and that it was as a result of the over-voting that Yari won the election,” he said.
“In this case, the appellants alleged that there was over-voting by 86,045 votes.
“Assuming that the appellants were able to prove over-voting by that figure, a reduction of that number from the score of the first respondent (Yari) put at 716,964 votes will not make any difference.
“It means that the appellant would attract a total of 201,938 votes which would not have changed the position of the result of the election and that Yari would still be left with 630,919 votes.
“Having resolved all the issues adopted for determination of this appeal against the appellants, it is crystal clear that this appeal is devoid of any scintilla of merit and is accordingly dismissed.
“I uphold the decision of the Court of Appeal delivered on November 12, 2015, which upheld the judgment of the trial tribunal.
“I therefore, award costs of N100,000 against the appellants in favour of the first and second respondents,” Mr. Okoro ruled.

Otti cannot win this case o.

IsraeliAIRFORCE:


Read the clause two of what you posted very well which is applicable in this situation. Clause three does not arise because it doesn't satisfies the constitution and the electoral law as amended based on the portion of the laws in the bold below.

Mind you, no where in the Act does it say that a constituency or an LGA should be exonerated and invalidated as a matter of arriving at a winner rather it is a matter of calculation and tabulation to arrive at the number of valid vote scored according to collated results.

The Electoral Act 2010 (as amended) stipulates that where the number cancelled votes exceeds the difference between the number of votes polled by the candidate who comes first and the person in second place, a winner cannot be declared until the conclusion of a supplementary election in the areas affected by the cancellations.


108.Q. What is an inconclusive
election?

Ans. It is an election where the total number of registered voters in units where the results are cancelled or where the elections are postponed, are sufficient to cause a change in the outcome of the election in the affected constituency.


www.inecnigeria.org/?page_id=28

Plss Ooooo. Am still trying to get your point. The clause you asked me to read specifically talks about qualification of candidate which the TARABA case comes to mind. What you just quoted is INEC Guidelines and not the electoral Act (which Ikpeazu's lawyer wole olanikpekun is challenging in the kogi case where he is asking the tribunal to declare Faleke as the governor since to him their is nothing like inconclusive election and it has no basis in law. According to him the constitution only talks about highest number of votes and geographical spread). In Abia there was a rerun to conclude the election so the question of inconclusiveness does not arise.My question is very simple...... Show me where what you just stated is cited in the electoral act.

Ponponkon:
Supreme Court affirms Yari as Zamfara governor
January 8, 2016Premium Times
The Supreme Court on Friday affirmed the election of Abdulazeez Yari of All Progressives Congress as governor of Zamfara State.
Delivering the judgment, Justice John Okoro-led panel of six judges held that the petition lacked substance.
“The grouse of the appellants in this issue, basically, is that there was over-voting and that because of that there was substantial non-compliance with the Electoral Act.
“To prove over-voting, the law is trite that the petitioner must tender the voters’ register.
“The court must also see the statement of result in the appropriate forms which would show the number of registered accredited voters and number of actual voters,” the court said.
Mr. Okoro said the appellant must also relate each of the documents to the specific area of the case in respect of which documents were tendered.
He added that the appellant ought to have shown that figures, representing over-voting, if removed, would result in victory for the petitioner.
“From the finding above, I agree with the court below that the appellants failed woefully to prove over-voting in accordance with the principles laid down by law.
“The reliance on the evidence of one of the witnesses through a document he did not make has not made any difference.
“There is no doubt that a petitioner is entitled to contend that an election or return in an election be invalidated by reason of corrupt practice or non-compliance,” he said.
Mr. Okoro, however, said for a petitioner to succeed on the ground of corruption, he must prove that corrupt practices or non-compliance actually took place.
He said the appellant must also prove that the alleged infraction substantially affected the result of the election.
“There is need for a petitioner who alleges over-voting to lead concrete evidence to show that there was indeed over-voting and that it benefitted the winner of the contest.
“Without doubt, over-voting in an election can be in favour of the appellant, the respondent or other contestants who participated and lost at the election but are not parties to the petition.
“Therefore, the onus is on the petitioner to show that the over-voting was in favour of the respondent and that it was as a result of the over-voting that Yari won the election,” he said.
“In this case, the appellants alleged that there was over-voting by 86,045 votes.
“Assuming that the appellants were able to prove over-voting by that figure, a reduction of that number from the score of the first respondent (Yari) put at 716,964 votes will not make any difference.
“It means that the appellant would attract a total of 201,938 votes which would not have changed the position of the result of the election and that Yari would still be left with 630,919 votes.
“Having resolved all the issues adopted for determination of this appeal against the appellants, it is crystal clear that this appeal is devoid of any scintilla of merit and is accordingly dismissed.
“I uphold the decision of the Court of Appeal delivered on November 12, 2015, which upheld the judgment of the trial tribunal.
“I therefore, award costs of N100,000 against the appellants in favour of the first and second respondents,” Mr. Okoro ruled.

Otti cannot win this case o.

My brother in as much as I admire and respect you I want to let you know that no two cases are the same. What matters is what is pleaded before the court of law and the facts backing it up. To tell you the truth...... The day Wole Olanikpekun (Ikpeazu's lawyer) won the Akwa Iboms case in Appeal court Abuja that was the day I knew Ikpeazu would have a problem cos part of the arguments he used in winning his case for Umana Umana of APC is what Akin Olujimi (Otti's lawyer) used to deliver Otti in Appeal court owerri. In fact that day I told my friends to tell Ikpeazu to change him. Moreso it was this same Wole that delivered Mimiko and Oshiomole and it is this same argument with which he delivered them that most of these SAN's are using today. Am waiting to hear his argument in the Umana's case at the supreme court but my prediction is that BTW Akwa Ibom and Abia cases he is handling one will go. He may not win the two states this time around.

otti and okezie are both members of the same church.. Seventh day Adventist Church

BADNEAT:
If Alex otti has sworn allegiance to Apc,then I'm very sorry for Ikpeazu

Hmmmm seriousely, there is a game plan btw otti and APC led federal government... A big pity for Ikpeazu. Even the so called Supreme Court hand is tight. WATCH OUT!!!

Right from the period ozekhome started chasing money by defending the corrupt class. He has never been successful or taken a step forward from where he started from.

atimes I imagine him being a judge in this country and then law would be turned upside down.

You respected the tribunals judgement while disrespect the appeal court judgment.

a sane mind would have waited for the Supreme court judgement.

Ponponkom, sorry, its over for Ikpeazu. I told you sometime last year you failed to listen. I can see frustration all over your post here.

You forgot that all your witnesses at the tribunal accepted that card reader was used in all 17lga of the state and that election was 100% held in all LGA including that of the affected lga . PDP chairman Abia State agreed when cross examined by Away Kalu (SAN) and Olujimi that card reader fully functioned and no breakdown.

At the appeal court Owerri, a written addresses was adopted from both parties which from Otto counsels prove beyond doubt that Otto won the election.

FYI, appeal court didn't disfranchised you and your riggers rather they used card reader result from Inec database Abuja which was submitted at the tribunal which PDP lawyers failed to cross examining the tenderer from Inec Abuja.

Sorry, Ikpeazu is gunner, all I know you guys can't kill everybody in Abia state. So stop blabbing, you guys will not smell RE before RUN.

Take or leave it.

everyone knows PDP never won fairly. an ngwa man will always be an example of a 1st class illiterate. they all want t.a orji to go unpunished just because he gave dem dis brother(who will also be d of same feather) to rule. foolish ppl. ibi daakwa unu niile!!!

Supreme court dont really have time to start studying cases afresh ,they rely mostly on the judgement of the appeal court, u know judges there are mostly big men who are looking for high profile cases. Am sorry for Ikpeazu

cutekhalifa:
all ur skewed excuses is not enough to stop the court of appeal verdict, the rule of law must be prevail, u said ur so called ukwa ngwa always produce block result in previous election... Can we revisit 2006 census... Are u telling me obingwa has more population density than aba south and north Orji uzor kalu use that LGA to rig, TA orji follow suit, but this time around is not going to work for ikeazu... The returning officer stated that, those affect LGA where mal by irregularity and electoral malpractice b4 PDP caucus persuade him to announce the result in favor of ikpeazi... Okezie should not worry Alex otti is going to handsomely settle him well... His ASEPA chairmanship is still vacant... make him go prepare his hand over speech b4 DSS bundle him out of that government house

Mugu xup

giftedben:



and how populated are Ngwa's there. think before you leap. Foreigners are populated all over your lands and they all are voting for alex Otti. Even if a rerun was done under heavy security Alex Will still win. I will like to see your face when that happens. foolish ngwa's

Fooolish boy! Majority na Ngwa. Ohuhu na minority

Proudlyngwa:

That is why I said let's wait for the verdict of the supreme Court, am not a lawyer but I know that the legal system in nigeria is filled with a lot of loopholes, the better manipulator will win that case. Although I still believe PDP is coming from an extreme angle of weakness

Proudlyohuhu how far nah

cutekhalifa:
ur God given mandate ? Okezie is he the governor of Abian's or Ngwa's , the reason of dis ur social outburst is 4u to have chance to destroy,invade and carted away valuable goods own by none ngwa's... I'm a living testimony of how ngwa people mal-treated good people of none ngwa because the masses chooses Alex otti against ikpeazu nwa afor, his rented thugs where enchanting war song like, oke oruna ngwa.... ( The share of governance has reach ngwa people) and ndi ohuhu ga ana ...( None ngwa's must leave the state) with these tell me the chances of him winning in supreme, when he is in support of what his brethren are doing in the name of government agent, the atrocities and thugly committed by his agent is unforeseen, almost 4 none ngwas died in the process while about 12people sustain serious degrees of injure, and thousands lost goods worth millions of naira in just 2days, and the governor did not show any remorse .... I have clear evidence of all these atrocities committed by okezie rented touts, one of my neighbor his car wind screen and bonnet where destroy, okizie rented thugs said the number of cars own by none ngwa's is getting out of hand and causing hold up, from ibadan/ngwa road to osisoma, how many ngwas own a Landed property their From ariria market, cemetery and new market(ahia ohuru) How many ngwa's are trader or shop owner in those mentioned notable market in abia, I heard how some ngwa touts block enugu/ph express road, disturbing motorist conveying people returning from their various villages from yuletide celebration, if not intervention of Army attach to ngwa high school, their will be serious and ungodly shedding of innocent blood for no cause, ikpeazu has loose out, his rented touts/thugs can resolve to kidnapping and arm rubbery as usual, this is what they are good at.... We need good governance in abia state, the tyranny is over, Thief TA orji dynasty is over, the time of political arm robbery is over... The commissioner of land and urban development under ikpeazu want to revoke original landing properties bought by none ngwa's... Your ancestors foolishly sold all ur lands and after the none ngwa build and develop the area, u come back to claim heard earn sweat of another man It can't happen.... We knew ngwa people as lazy bones never good people, and parasite, ikpeazu or whatever he said his name should step down... He is free to seek for redress in supreme court, after conciliation of 3LGA, PDP caucus in the state force the returning officer to announce the result in favor of PDP...the voters recording sheet bears umuahia stamp while the election took place in osisioma, ugwunagbo and obingwa... We should tell our selves the truth,... LONG LIVE Alex Otti

You can now rest in pieces rotten corpse

Trut:


Alex Otti is your Gov, you can cry and write grammar till eternity, Otti (Nwa Ohuhu) will still be your Gov.

Udele how far?

Ponponkon:
Udele how far?

Sir, with all due respect, I kindly implore to you that you not go to threads baiting people that disagreed with you. It is not becoming, it is unfriendly, and that is not what Abia is about, nor the behavior Gov. I would condone. Just smile at the good news and get to work. Because it starts now.

I'm saying this from a respectful place my brother.