iyke648:
So Garfield1 what do you think about Kano and Sokoto state Supreme Court case? Which governors do you think may emerge victorious?

Modified : Looking forward to ur analysis

I have not looked at the two states well but i think it's 50 50

garfield1:

I have not looked at the two states well but i think it's 50 50

OK thanks

garfield1:

THE IMO GUBERNATORIAL JUDGMENT - A PAINFUL BUT LEGALLY CORRECT VERDICT!

It is indeed a perplexing paradox: Hope Uzodinma may not have won the 2019 Imo State gubernatorial election, yet the Supreme Court, on the facts, was right in declaring him the winner of that election in law. The error was not the Supreme Court's, but that of Governor Emeka Ihedioha's legal team; and it was a crucially fatal error.

What happened was this: During the governorship election in Imo State, apparently concocted results, perhaps not having any basis whatsoever in reality, BUT SIGNED BY INEC PRESIDING OFFICERS, were turned in from more than 350 polling units, giving Hope Uzodinma of the APC an incredibly unassailable lead. When those results were transmitted to the wards collation centres, the collation officers, who had no power in law to cancel or reject them, rejected the said polling units results, and refused to collate them, thereby effectively excluding them from the total tally of the governorship result that was eventually declared by the Returning Officer. In the aftermath of the said exclusion, the Independent National Electoral Commission declared Governor Ihedioha the winner of the election.

The exclusion of the results of those polling units was the fulcrum of the petition presented at the Tribunal by Hope Uzodinma. Ever since David Mark V. ABUBAKAR USMAN, and DOMA V. INEC, the law has been settled that neither collation officers nor a returning officer, has the power in law to exclude a polling unit result duly signed by the presiding officer at the polling unit; only the election tribunal possesses the power to cancel or exclude such a result. So, at the point of its presentation, Senator Uzodinma's petition was potentially viable, in spite of the apparent dubiousness of the polling units results on which it was anchored, there being a REBUTTABLE presumption of regularity and correctness, by virtue of both the Electoral Act and Evidence Act, enuring in favour of any result declared by a presiding officer.

The backbreaking and fatal error made by Ihedioha's legal team was not filing a CROSS PETITION fiercely challenging the integrity of the suspect polling units results upon which Uzodinma was relying, and praying the election tribunal to formally nullify the said results. Without a cross petition, none of the grounds under section 138 (1) of the Electoral Act for questioning the elections conducted in those polling units in which Uzodinma "won" could have been competently raised by Governor Ihedioha in his defence to Uzodinma's petition. This was the ratio decidendi of the old Court of Appeal decision in IDRIS V. A.N.P.P.(2008)8 NWLR(PT.1088) Page 1. In the recent Court of Appeal decision in ATIKU ABUBAKAR V. BUHARI, the Court of Appeal again invoked the principle in dismissing Buhari's contention that Atiku ABUBAKAR was born in Cameroun to parents who originally were Camerounians, and thus disqualified from contesting the election. Dismissing the contention, the Court of Appeal held that the issue was incompetent, since Buhari did not file a cross petition.

Ihedioha indeed did set up facts in his Reply to the petition rehashing the serial infractions that led to the exclusion of the results of the said 300 plus polling units. But that was legally not enough, in the absence of a cross petition. Besides, such renditions by a Respondent in a mere Reply or Statement of Defence are clearly incompetent. The reason for the incompetence was was made clear by the Court of Appeal in NATIONAL JUDICIAL COUNCIL & ORS V. HON. JUSTICE JUBRIL BABAJIDE ALADEJANA & ORS(2014) LPELR - 2413 (CA) Page 31, paras C - F, at ratio 3 thus -

"The law is that it is a plaintiff who by his statement of claim primarily nominates issues to be tried in a suit and which he relies on to have the judgment of the Court. For a defendant, it is only necessary to resist the plaintiff's claim on the facts pleaded. It is not for a defendant to set up facts which would convey that it is not just setting up a defence but setting up a new case of his own. He can only do so by way of a counter claim..."

Shorn of the legalese, what the above authority is simply saying is that since the issue nominated for trial by Hope Uzodinma was the unlawfulfulness or otherwise of the exclusion of the results of the 300 plus polling units by the ward collation officers, Ihedioha's defence was therefore necessarily restricted by law to showing that those who excluded the results had the power in law to exclude them. Without a cross petition praying for the nullification of those results, the law forbids Governor Ihedioha as respondent from raising the issue of the alleged serial corrupt practices and irregularities marring the said results, in a mere statement of defence; that was a new issue not nominated by Uzodinma as petitioner. Ihedioha, being a Respondent, could only have competently raised them via a cross petition, being a new issue not nominated by Uzodinma, the petitioner.

Tragically, Ihedioha's legal team forgot to include the pivotal cross petition. And in the absence of a cross petition, the Supreme Court was right in law, painfully though it may seem, to rely on the presumption of regularity and correctness enshrined by both the Electoral Act and Evidence Act in favour of the said results, and to reckon with them and add them up to the final result, since Ihedioha's legal team had woefully failed to effectively attack the results and rebut that presumption. For the Supreme Court, this was the legally correct conclusion to come to, having found that INEC had no power in law to exclude polling units results duly affirmed by the various polling units presiding officers.

I now understand what played out perfectly well. The supreme court was indeed right after all. Court relies on evidence provided rather than sheer sentiments. The reason a known criminal can be acquitted if the persecuting lawyer lacks jurisprudence to substantiate his case before the court.

vicdom:

I now understand what played out perfectly well. The supreme court was indeed right after all. Court relies on evidence provided rather than sheer sentiments. The reason a known criminal can be acquitted if the persecuting lawyer lacks jurisprudence to substantiate his case before the court.

That is just it,facts and evidence.the appellant discharged the burden of proof heavily placed on him and inec could not rebute it.

vicdom:

I now understand what played out perfectly well. The supreme court was indeed right after all. Court relies on evidence provided rather than sheer sentiments. The reason a known criminal can be acquitted if the persecuting lawyer lacks jurisprudence to substantiate his case before the court.

how is it possible for total number of votes be greater than total number of people that actual vote.

BabangidaHamza:
Hasadarku da jahilicin Ku shine yasa ba kwa taba yaba Aikin Alheri, Yan wahala kawai

Ji gara..... retarded fool..with ur dilapidated brain..da irinku kasa ba za ta taba cigaba bah

kelvinginzie:
Garfield1 may be an Apc inclined person, but once he gives a political prediction, you just have to really keep it at the front of your mind.
I remember our agruments during the bayelsa election,everything he said came to pass,now imo prediction has come to pass too.
Keep it up bro
Yours Sincerely,
Kelvinginzie.

Yeah! The guy is good.

garfield1:

Am so happy today.finally,am getting the recognition and respect i deserve in this section and forum.though i like apc but i try to be objective as much as possible

That's what you're looking for, respect and recognition? Really?

Neoteny:


That's what you're looking for, respect and recognition? Really?

And much more

okeyglm:

how is it possible for total number of votes be greater than total number of people that actual vote.

Bros, in law court, you must challenge and contest a course and tender proofs. Did the PDP challenge the over voting like you just sighted No, they didn't... So the court can't rule outside what you are praying to her to do for you. It's not charitable and magnanimous to do that for you. And even if they prayed for it, our constitution, under electoral act recognize voter register ie the register voters and not the accredited voters in deciding over voting. Some precious supreme rulings have cleared this before. So, even they did contest for the over voting, they would still lost because the number of register voters in Imos state before the election was about 2million voters. So to the law, there was no over voting.

garfield1:

Am so happy today.finally,am getting the recognition and respect i deserve in this section and forum.though i like apc but i try to be objective as much as possible

garfield1 u are a bloody liar ,I know that u knew that Satan rules the earth and u stick with him ,because u know evil will always conquer good , I know evil will win since 2003 but am with good( lesser evil) do you think I am stupid for not supporting Apc?
Answer me , u create a monikker to pride about ,
U now boast because of d Satanic reign on Earth , I curse you with my bleeding heart that u shall weep soon definitely not now ,but very soon! As 4 ur masters ......
God u sit on ur throne and allow Satan take over ur earth ..no problem
Now people with good hearts ,justice and sympathy are been seen as fools ,yes rekhina is a fool

garfield1:

Am so happy today.finally,am getting the recognition and respect i deserve in this section and forum.though i like apc but i try to be objective as much as possible

Objective

herzernIsHere:

If indeed it was because of overvoting as you have positioned. Then it is sensible to assume that all the political parties' votes were cancelled as well?

Or was APC just singled out?

I strongly believe that there is no way Uzodinma's votes can outnumber the first 3 political parties even if the cancelled PU are his strongholds.

Not to mention that INEC's claim of overvoting is always as a result of total number of votes been higher than total registered voters.

I'm Pro APC but this judgement is shocking. I swear.

This is an objective analyis and not the fake objectivity Garfield has. Which is why no one should take him seriously.

Rekhina:
garfield1 u are a bloody liar ,I know that u knew that Satan rules the earth and u stick with him ,because u know evil will always conquer good , I know evil will win since 2003 but am with good( lesser evil) do you think I am stupid for not supporting Apc?
Answer me , u create a monikker to pride about ,
U now boast because of d Satanic reign on Earth , I curse you with my bleeding heart that u shall weep soon definitely not now ,but very soon! As 4 ur masters ......
God u sit on ur throne and allow Satan take over ur earth ..no problem
Now people with good hearts ,justice and sympathy are been seen as fools ,yes rekhina is a fool

Why are you cursing my political analyst.
Are you from imo state?

garfield1:

According to inec,it was because of overvoting and no elections were held in some of those units.but the truth is that the ihedioha controlled inec were shoddy.they rigged shabbily,they tried to suppress hope's votes but the supreme court saw through it

But APC was in government during the election.

kelvinginzie:


Why are you cursing my political analyst.
Are you from imo state?

Go fvck urself with I'm state

Rekhina:
Go fvck urself with I'm state

Don't get too emotional
God spoke through Father Mbaka, it is the will of God

kelvinginzie:


Don't get too emotional
God spoke through Father Mbaka, it is the will of God

I pity u ,cos weeping awaits u ...u now mock me ba

Rekhina:
I pity u ,cos weeping awaits u ...u now mock me ba

Hope Uzodima will perform well in Imo state, the people of imo state will enjoy him
Watch and see

sosospence:
But APC was in government during the election.

It doesnt work like that sir.itlhedioha may be closer to inec inner cabal in imo than rochas

kelvinginzie:
Garfield1 may be an Apc inclined person, but once he gives a political prediction, you just have to really keep it at the front of your mind.
I remember our agruments during the bayelsa election,everything he said came to pass,now imo prediction has come to pass too.
Keep it up bro
Yours Sincerely,
Kelvinginzie.

May God always protect and bless Garfield... I love his analysis