₦airaland Forum

U might be surprise that the justice was kidnapped on his way coming to the court


FEAR THE NAME NIGERIA

NaijaElba:
I have been following your write up. You seem to be knowledgeable about all these court cases. where do you think the pendulum will swing to in Atiku and Buhari case?

You know, sometimes when I or some of us say something about the polity, some mischievous elements would like to ignorantly start abusing someone. In the case of the last election, INEC initially claimed they had no server but later said they have servers but they didn't make use of it which the court noted. People are arguing Electronic Transmission of results and ultimately anything electronic as it relates to elections is unconstitutional but they refuse to also accept that Electoral Act gives INEC power to determine how the elections should be conducted. Is Smart Card Reader a Mechanical equipment? Why did INEC use it for accreditation and the results emanating from it becomes valied? If you use an electronic equipment to accredit voters and directed that those who were not able to be accredited through that means shouldn't be allowed to vote but turnaround to say E-collation is unconstitutional that means the whole process is invalid. Again, why did the Electoral Umpire trained it staff members and Ad-hoc Staff on E-collation prior to the elections?

Atiku is asking for Forensic experts to exermine the servers which the Tribunal ridiculously refused to grant him access so, that issue is now at the Supreme Court. Meanwhile, the issue of server is only one ground and there are other grounds which Atiku is hinging on to validate his mandate.

Atiku and Buhari's case is very dicey and I wouldn't want to pre-emt the decision of the court

id911:
https://www.nairaland.com/5283361/two-court-justices-upheld-sen

The lead judgment was solely based on technicality. Without the absence of Obiora, it would have been a unanimous decision for Adeleke because he had already fulfilled constitutional requirements and the rerun not needed

No, it won't. The 2 dissenting Justices do not have the same reason, so you can't use that to judge, one ruled that the rerun wasn't necessary while the other claimed the absent justice should not be a determinant of the appeal.
Also note that the substance of the case wasn't touched in anyway, this could have been in favour of any party if also addressed.
The SC can eventually rule that INEC was in order with the rerun and that's all the APC needs to remain in Kano.
Note, only one SC Justice ruled that the rerun in Osun wasn't necessary

ezenwajosh:
U might be surprise that the justice was kidnapped on his way coming to the court


FEAR THE NAME NIGERIA

Since Obiora was absent on that day, the proper thing the Tribunal Chairman could have done was to adjourn the sitting but he didn't do it. That was why I said they all knew what they were doing. They sit on odd not even

OlujobaSamuel:
No, it won't. The 2 dissenting Justices do not have the same reason, so you can't use that to judge, one ruled that the rerun wasn't necessary while the other claimed the absent justice should not be a determinant of the appeal.
Also note that the substance of the case wasn't touched in anyway, this could have been in favour of any party if also addressed.
The SC can eventually rule that INEC was in order with the rerun and that's all the APC needs to remain in Kano.
Note, only one SC Justice ruled that the rerun in Osun wasn't necessary

I won't argue bro...just wait for the Supreme Court verdicts and reasons for it on Kano issue, then you can get back to me. I didn't say Tribunal or Appeal Court o, I said Supreme

id911:
You know, sometimes when I or some of us say something about the polity, some mischievous elements would like to ignorantly start abusing someone. In the case of the last election, INEC initially claimed they had no server but later said they have servers but they didn't make use of it which the court noted. People are arguing Electronic Transmission of results and ultimately anything electronic as it relates to elections is unconstitutional but they refuse to also accept that Electoral Act gives INEC power to determine how the elections should be conducted. Is Smart Card Reader a Mechanical equipment? Why did INEC use it for accreditation and the results emanating from it becomes valied? If you use an electronic equipment to accredit voters and directed that those who were not able to be accredited through that means shouldn't be allowed to vote but turnaround to say E-collation is unconstitutional that means the whole process is invalid. Again, why did the Electoral Umpire trained it staff members and Ad-hoc Staff on E-collation prior to the elections?

Atiku is asking for Forensic experts to exermine the servers which the Tribunal ridiculously refused to grant him access so, that issue is now at the Supreme Court. Meanwhile, the issue of server is only one ground and there are other grounds which Atiku is hinging on to validate his mandate.

Atiku and Buhari's case is very dicey and I wouldn't want to pre-emt the decision of the court

I love how u analyse all these our court issue, I also appreciate the fact that you didnt want to pre-emt the decision of the court since their case is clearly different from Osun court case. What I really don't understand in the presidential election is the position of the agents (APC and PDP) in all these brouhaha. Where were they when the results were being collated? I think they should be able to tell us if INEC really sent the results to server, they should tell us if the results generated manually is different from what it is on server. If Atiku can have access to the server it is also possible for him to alter it to his own favour. Lastly, the server results never showed the results of other parties, this is the main reason I doubt the genuity of the whole server result. what is your take on this pls?

id911:
Since Obiora was absent on that day, the proper thing the Tribunal Chairman could have done was to adjourn the sitting but he didn't do it. That was why I said they all knew what they were doing. They sit on odd not even

Exactly... at least know the reasons he was absent in the first place

id911:
The rerun was unnecessary both in Osun and Kano because the winners had already emerged. So Osung case is now settled on technicality but Kano might be different. I don't think Ganduje would survive it based on the judgement of today at the Supreme Court except something funny happens again at the trial Court

...sorry brother
Abba and PDP have lost kano even before proceedings
They failed to notify the tribunal on time on the possibility of inspecting election materials
They could not do so...
I wonder what would be tender as evidence

Supreme Court literarily penalised Adeleke for the incompetence of the tribunal and its judges

How is that justice?

If the Supreme Court does not feel the judgment stood then they should have at least referred the case back to the high court for proper adjudication

krendo:
Supreme Court literarily penalised Adeleke for the incompetence of the tribunal and its judges

How is that justice?

If the Supreme Court does not feel the judgment stood then they should have at least referred the case back to the high court for proper adjudication

exactly that's what supreme court should have done. they should have referred the case to tribunal or federal high court. their judgement today majorly based on the absence of Justice obiora in the tribunal.

Cajal:
...sorry brother
Abba and PDP have lost kano even before proceedings
They failed to notify the tribunal on time on the possibility of inspecting election materials
They could not do so...
I wonder what would be tender as evidence

Says who? Their request to inspect INEC materials was granted by the tribunal. INEC for God knows their reason are frustrating the petitioners from accessing the materials. Anyway, the petitioners have made a move to solve that. They are still at the pre trial stage. Points taken in today's judgment to solve any technicality that will arise from Kano Governorship petition.

NaijaElba:
I love how u analyse all these our court issue, I also appreciate the fact that you didnt want to pre-emt the decision of the court since their case is clearly different from Osun court case. What I really don't understand in the presidential election is the position of the agents (APC and PDP) in all these brouhaha. Where were they when the results were being collated? I think they should be able to tell us if INEC really sent the results to server, they should tell us if the results generated manually is different from what it is on server. If Atiku can have access to the server it is also possible for him to alter it to his own favour. Lastly, the server results never showed the results of other parties, this is the main reason I doubt the genuity of the whole server result. what is your take on this pls?

Sorry for the late reply cos I was busy offline. Yes, INEC did e-collation, anyone saying otherwise is satanic. I wasn't an Agent in the last elections but I was heavily involved in the process. If you had followed the prehearing proceedings, you would have heard the testimonies of some of them. The manual results were altered and, as the result therefore, quite different from the server's own which, to the best of my knowledge, is genuine that's why INEC is trying to erase the issue of server completely. If you say Atiku can alter server results to favor him, is it not the more reason why Tribunal should have allowed Forensic examinations to ascertain who's wrong or right? All the other results are shown on the server including the other smaller parties, don't let the media deceive you. The major priority objective of PDP is to focus on its own results and that of APC.

Cajal:
...sorry brother
Abba and PDP have lost kano even before proceedings
They failed to notify the tribunal on time on the possibility of inspecting election materials
They could not do so...
I wonder what would be tender as evidence

To the best of my knowledge, the notification was done on time and it was granted. INEC is biased, they are the one frustrating the inspection of the electoral materials.

pwiz:
Says who? Their request to inspect INEC materials was granted by the tribunal. INEC for God knows their reason are frustrating the petitioners from accessing the materials. Anyway, the petitioners have made a move to solve that. They are still at the pre trial stage. Points taken in today's judgment to solve any technicality that will arise from Kano Governorship petition.

..it will end up against PDP...take heart
What goes around comes around

Cajal:
..it will end up against PDP...take heart
What goes around comes around

Eeyah... It will do you like film trick.

NaijaElba:
I love how u analyse all these our court issue, I also appreciate the fact that you didnt want to pre-emt the decision of the court since their case is clearly different from Osun court case. What I really don't understand in the presidential election is the position of the agents (APC and PDP) in all these brouhaha. Where were they when the results were being collated? I think they should be able to tell us if INEC really sent the results to server, they should tell us if the results generated manually is different from what it is on server. If Atiku can have access to the server it is also possible for him to alter it to his own favour. Lastly, the server results never showed the results of other parties, this is the main reason I doubt the genuity of the whole server result. what is your take on this pls?

The server result show the result of other candidates

Actually at the appeal, the lawyers were to establish a point and that had done.
Inec hack and forth is a sign.

More so witnesses will be called.

Which includes

INEC e-tech official
Polling agents
And other official
And forensic experts

He game just get started official

id911:
Sorry for the late reply cos I was busy offline. Yes, INEC did e-collation, anyone saying otherwise is satanic. I wasn't an Agent in the last elections but I was heavily involved in the process. If you had followed the prehearing proceedings, you would have heard the testimonies of some of them. The manual results were altered and, as the result therefore, quite different from the server's own which, to the best of my knowledge, is genuine that's why INEC is trying to erase the issue of server completely. If you say Atiku can alter server results to favor him, is it not the more reason why Tribunal should have allowed Forensic examinations to ascertain who's wrong or right? All the other results are shown on the server including the other smaller parties, don't let the media deceive you. The major priority objective of PDP is to focus on its own results and that of APC.

The server result clearly show other parties.

Again in tech, you cannot clearly erase ot adjust a figure without any trace, not possible.

You will surely retrieve the traces.

SRC was used.

So funny that in some state any where SRC is not used, such pU result is invalidated whereas in some area such is not the case.

All are what is coming forth in coming days

engineerboat:
The server result show the result of other candidates

Actually at the appeal, the lawyers were to establish a point and that had done.
Inec hack and forth is a sign.

More so witnesses will be called.

Which includes

INEC e-tech official
Polling agents
And other official
And forensic experts

He game just get started official

Is this the real server result? so different with what I have been seeing arnd.

id911:
Sorry for the late reply cos I was busy offline. Yes, INEC did e-collation, anyone saying otherwise is satanic. I wasn't an Agent in the last elections but I was heavily involved in the process. If you had followed the prehearing proceedings, you would have heard the testimonies of some of them. The manual results were altered and, as the result therefore, quite different from the server's own which, to the best of my knowledge, is genuine that's why INEC is trying to erase the issue of server completely. If you say Atiku can alter server results to favor him, is it not the more reason why Tribunal should have allowed Forensic examinations to ascertain who's wrong or right? All the other results are shown on the server including the other smaller parties, don't let the media deceive you. The major priority objective of PDP is to focus on its own results and that of APC.

Thanks for your analysis. what part of the country are you from?

engineerboat:
The server result clearly show other parties.

Again in tech, you cannot clearly erase ot adjust a figure without any trace, not possible.

You will surely retrieve the traces.

SRC was used.

So funny that in some state any where SRC is not used, such pU result is invalidated whereas in some area such is not the case.

All are what is coming forth in coming days

At the bolded, that's why I told the other guy not to allow the media deceive him. The fireworks will soon begin

NaijaElba:
Thanks for your analysis. what part of the country are you from?

Thank you too Sir! Abi Nigerian o I'm from Akwa Ibom bro

id911:
No, I don't. He couldn't have done it alone without collaborating with his colleagues at the tribunal. All of them knew the implications. It was done because of powerful external influence. They knew Adeleke had already fulfilled the requirements of the law at first ballot and the rerun was unnecessary, it was only technicality that could help. Ask yourself why the Chairman of the tribunal still went ahead to give Obiora the mandate to write the lead judgment and the chairman ridiculously dissented in his own minority judgement he later delivered to serve as a leeway for Oyetola at the higher court.

The chairman of the panel cannot read the lead judgment as his own judgement was in the minority.
The Lead judgment has to be in tandem with the majority judgement.


Technicality is not the preserve of only one party.

If Adeleke's lawyer was smart enough, he should have realised that the proceedings of that 6th Feb was very critical to the Judgment that gave them victory and as a senior lawyer, he should have realised that the person reading the lead judgment was absent on this critical day.

He should have cross appealed the victory judgment. They also have the right to cross appeal.

Instead of alleging foul play with the justices, why not hold Adeleke's lawyer for incompetence, irresponsibility and short sightedness.

SarkinYarki:
Ofcourse he was paid to be absent and that was the plan all along because using technicality route was the only way Adeleke could be robbed in broad daylight by the Judiciary ..But the question is why should a man be denied justice base on the shortcomings of another man

I have been wondering about that since morning.

krendo:
This is a very trivial excuse

The erosion of justice in Nigeria has started

Supreme Court is no longer the place where justice prevails

Are we saying if on the day of Judgment one of the judges fall ill then the judgment should not be read or the read judgment can not stand?

Nigeria is getting destroyed and when the Anarchy starts it will get to all man that’s for sure

The proceeding of that particular day was critical to the judgmemt.

Cajal:
...sorry brother
Abba and PDP have lost kano even before proceedings
They failed to notify the tribunal on time on the possibility of inspecting election materials
They could not do so...
I wonder what would be tender as evidence

Who told you so.

Wait now

Dont rush

NaijaElba:
Is this the real server result? so different with what I have been seeing arnd.

This is the server result Atilu/PDP presented to the tribunal

krendo:
Supreme Court literarily penalised Adeleke for the incompetence of the tribunal and its judges

How is that justice?

If the Supreme Court does not feel the judgment stood then they should have at least referred the case back to the high court for proper adjudication

The same supreme court equally penalised APC in Rivers case over technicalities.

APC lost the Rivers case because they filed the Appeal at the court of Appeal out of time.

The Supreme court does not have time for frivolities.

Stick fully to the rules of the court or be ready to get their hammer.

agabusta:
The chairman of the panel cannot read the lead judgment as his own judgement was in the minority.
The Lead judgment has to be in tandem with the majority judgement.


Technicality is not the preserve of only one party.

If Adeleke's lawyer was smart enough, he should have realised that the proceedings of that 6th Feb was very critical to the Judgment that gave them victory and as a senior lawyer, he should have realised that the person reading the lead judgment was absent on this critical day.

He should have cross appealed the victory judgment. They also have the right to cross appeal.

Instead of alleging foul play with the justices, why not hold Adeleke's lawyer for incompetence, irresponsible and short sightedness.

I didn't say the Chairman was the one to deliver the lead judgment but rather Obiora that was absent on Feb 6th was curiously mandated to read the lead judgment. The Chairman, knowing the gravity of Obiora's absence should have adjourn the sitting for that day but he went ahead to continue with the proceedings. I'm thinking Adeleke legal team thought the Supreme Court would overlook the 'minor' technicality involved and dwell on the substantive issue but they unfortunately, were wrong.

id911:
I didn't say the Chairman was the one to deliver the lead judgment but rather Obiora that was absent on Feb 6th was curiously mandated to read the lead judgment. The Chairman, knowing the gravity of Obiora's absence should have adjourn the sitting for that day but he went ahead to continue with the proceedings. I'm thinking Adeleke legal team thought the Supreme Court would overlook the 'minor' technicality involved and dwell on the substantive issue but they unfortunately, were wrong.

Mandated? Were u with them when the chairman 'mandated' Obiora to read the lead judgment. What made u ignore the possibility of the two of them with similar judgment coming to an agreement on who to deliver the lead judgment. Are they all not collegues?

You cannot seriously be blaming the chairman for the judgment written by another Justice.

Is it the chairman that asked him to make the proceedings of the day he was absent to be the crux of his ruling??

Wole Olanipekun said it is important for a judicial officer to be on ground to observe the mien and dispositions of witnesses. That was one of his grounds of appeal.

The implication of this is that what Justice Obiora wrote down amounted to hearsay. The position of law courts on hearsay is trite law.

agabusta:
Mandated? Were u with them when the chairman 'mandated' Obiora to read the lead judgment. What made u ignore the possibility of the two of them with similar judgment coming to an agreement on who to deliver the lead judgment. Are they all not collegues?

You cannot seriously be blaming the chairman for the judgment written by another Justice.

Is it the chairman that asked him to make the proceedings of the day he was absent to be the crux of his ruling??

Wole Olanipekun said it is important for a judicial officer to be on ground to observe the mien and dispositions of witnesses. That was one of his grounds of appeal.

The implication of this is that what Justice Obiora wrote down amounted to hearsay. The position of law courts on hearsay is trite law.

I still maintain my stand they knew what they were doing which would ultimately nullify the whole process at the Supreme Court. Their initial and clandestine plan worked perfectly

id911:
Thank you too Sir! Abi Nigerian o I'm from Akwa Ibom bro

I thought as much from the tone of your analysis lolzzz

NaijaElba:
I thought as much from the tone of your analysis lolzzz