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Full-text of the Supreme Court Judgement on Bayelsa - Politics (8) - Nairaland

Nairaland ForumNairaland GeneralPoliticsFull-text of the Supreme Court Judgement on Bayelsa (36745 Views)

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Re: Full-text of the Supreme Court Judgement on Bayelsa by fergie001(mod): 12:00am On Feb 16, 2020
isthatso:
He swore an affidavit before a notary public but the notary public was not named...therefore legally that Affidavit is null and void.

Secondly the law says it is only the person who issued a certificate that can change the particulars of that certificate, so in any event the affidavit even if it were a valid document would have no legal consequence.
Ask dansuqi, if he can simply go and change his waec or unical certificate by himself?

I know someone whom waec entered a wrong date of birth for. When she went to waec Owerri, she was told that she will swear an affidavit and some other requirements and bring same with her original certificate. They Then will make the changes themselves.

So dansuqi and every other person here knows that only that certification body has that power to.

My younger bro had his name misspelt in his BSc cert, he returned it to unilag for change.

Same a friend with NYSC. He returned it.

So leave them, they know.
Re: Full-text of the Supreme Court Judgement on Bayelsa by Nobody: 12:00am On Feb 16, 2020
NGpatriot:
Even with all your gra gra, you sound just like another ignorant illiterate.
This matter has been determined by the court, it is not their job

https://dailypost.ng/2014/12/31/let-apc-verify-buharis-credentials-not-duty-inec/


https://www.pulse.ng/news/politics/go-to-court-if-you-doubt-any-candidates-qualification-inec-chairman-tells-nigerians/7h0ydhz




There is a difference between screening and Authenticating!!! Screening simply means you presented the required documentation...that isINECs job. Authenticating that those documents are legit is not INEC's job and connot be. Because for example they may write to a school abroad that does not reply till after the election.

I keep telling you, you are a bloody illiterate.
Re: Full-text of the Supreme Court Judgement on Bayelsa by fergie001(mod): 12:02am On Feb 16, 2020
Dansuqi:
He had a sworn affidavit which is crucial
So can you change your UNICAL cert by yourself because you have a sworn affidavit?

Answer please....
Re: Full-text of the Supreme Court Judgement on Bayelsa by Divinalss: 12:02am On Feb 16, 2020
isthatso:
I;m not a PDP man but you have all these problems and you still voted for Lyon? have you not heard the man speak? You think that kind of person has any plans?
English has nothing to do with governance and managing state funds. Him go speak ijaw and we go hear. .
Re: Full-text of the Supreme Court Judgement on Bayelsa by fergie001(mod): 12:03am On Feb 16, 2020
Divinalss:
English has nothing to do with governance and managing state funds. Him go speak ijaw and we go hear. .
Na so.....I get one Sagbama babe that year....good babe.

Calm down bro....this one na lesson for all of us.
Re: Full-text of the Supreme Court Judgement on Bayelsa by Dansuqi: 12:04am On Feb 16, 2020
fergie001:
So can you change your UNICAL cert by yourself because you have a sworn affidavit?

Answer please....
The answer is that doing so doesn't amount to forgery.
Re: Full-text of the Supreme Court Judgement on Bayelsa by Nobody: 12:05am On Feb 16, 2020
Divinalss:
English has nothing to do with governance and managing state funds. Him go speak ijaw and we go hear. .
issokay sorry eh


but you know it is this English that prevented your man from fulfilling your hopes of changing Bayelsa?
Re: Full-text of the Supreme Court Judgement on Bayelsa by fergie001(mod): 12:05am On Feb 16, 2020
isthatso:
This matter has been determined by the court, it is not their job

https://dailypost.ng/2014/12/31/let-apc-verify-buharis-credentials-not-duty-inec/


https://www.pulse.ng/news/politics/go-to-court-if-you-doubt-any-candidates-qualification-inec-chairman-tells-nigerians/7h0ydhz




There is a difference between screening and Authenticating!!! Screening simply means you presented the required documentation...that isINECs job. Authenticating that those documents are legit is not INEC's job and connot be. Because for example they may write to a school abroad that does not reply till after the election.

I keep telling you, you are a bloody illiterate.
You are correct.... Section 31 of the Electoral Act says so.....
Re: Full-text of the Supreme Court Judgement on Bayelsa by Dansuqi: 12:05am On Feb 16, 2020
fergie001:
Ask dansuqi, if he can simply go and change his waec or unical certificate by himself?

I know someone whom waec entered a wrong date of birth for. When she went to waec Owerri, she was told that she will swear an affidavit and some other requirements and bring same with her original certificate. They Then will make the changes themselves.

So dansuqi and every other person here knows that only that certification body has that power to.

My younger bro had his name misspelt in his BSc cert, he returned it to unilag for change.

Same a friend with NYSC. He returned it.

So leave them, they know.
Am tired abeg.let us not cry more than lyon
Re: Full-text of the Supreme Court Judgement on Bayelsa by fergie001(mod): 12:06am On Feb 16, 2020
Dansuqi:
The answer is that doing so doesn't amount to forgery.
You say what?

Stop this thing nah...haba

People are here to learn, don't go and inspire someone to damage his/her future by getting an affidavit and mutilating his certificate abeg?

You can start t with your own cert nah.
Re: Full-text of the Supreme Court Judgement on Bayelsa by Nobody: 12:07am On Feb 16, 2020
fergie001:
You are correct.... Section 31 of the Electoral Act says so.....
Thank-you jare...the guy is a complete nitwit. Another person who argues based on a flawed comprehension of English. A Degi! lol

Despite telling him where it says so he will still come here and argue....just watch!!!
Re: Full-text of the Supreme Court Judgement on Bayelsa by Dansuqi: 12:07am On Feb 16, 2020
isthatso:
issokay sorry eh


but you know it is this English that prevented your man from fulfilling your hopes of changing Bayelsa?
You need to apologise to bayelsans in general.how dare you question their overwhelming choice? They must have considered that and compared him with diri and after seeing worse attributes in him chose lyon
Re: Full-text of the Supreme Court Judgement on Bayelsa by fergie001(mod): 12:08am On Feb 16, 2020
Dansuqi:
Am tired abeg.let us not cry more than lyon
Abi?

My own is;
Where is that Degi of a person now?

He should be recalled and jailed.
Re: Full-text of the Supreme Court Judgement on Bayelsa by fergie001(mod): 12:09am On Feb 16, 2020
Dansuqi:
You need to apologise to bayelsans in general.how dare you question their overwhelming choice? They must have considered that and compared him with diri and after seeing worse attributes in him chose lyon
Isthatso....please apologise.

My own in Abia who is a PhD-holder and dansuqi's own who is a Prof are scammers.
Re: Full-text of the Supreme Court Judgement on Bayelsa by Nobody: 12:09am On Feb 16, 2020
Dansuqi:
You need to apologise to bayelsans in general.how dare you question their overwhelming choice? They must have considered that and compared him with diri and after seeing worse attributes in him chose lyon
I apologise....as they say people get the leadership they deserve. Who am I to question.
Re: Full-text of the Supreme Court Judgement on Bayelsa by cckalima: 12:20am On Feb 16, 2020
NGpatriot:
Even with all your gra gra, you sound just like another ignorant illiterate.
NGpatriot:
DANDUQI AND FRIENDS READ





Even with all your gra gra, you sound just like another ignorant illiterate.
Re: Full-text of the Supreme Court Judgement on Bayelsa by tical(m): 12:50am On Feb 16, 2020
This bad omen of a deputy deserve not to be only disqualified from elected office but to also be arrested. Confused being.
David Lyon's undoing was accepting this rogue as a deputy.
Re: Full-text of the Supreme Court Judgement on Bayelsa by NGpatriot: 12:54am On Feb 16, 2020
[s]
isthatso:
This matter has been determined by the court, it is not their job

https://dailypost.ng/2014/12/31/let-apc-verify-buharis-credentials-not-duty-inec/


https://www.pulse.ng/news/politics/go-to-court-if-you-doubt-any-candidates-qualification-inec-chairman-tells-nigerians/7h0ydhz




There is a difference between screening and Authenticating!!! Screening simply means you presented the required documentation...that isINECs job. Authenticating that those documents are legit is not INEC's job and connot be. Because for example they may write to a school abroad that does not reply till after the election.

I keep telling you, you are a bloody illiterate.
[/s]


Abuja — The Independent National Electoral Commission (INEC) will commence the verification of the credentials submitted by the political parties on behalf of their perspective candidates.

https://allafrica.com/stories/201412290126.html
What's wrong with this illiterate? INEC screens and verify documents and they impose fines when false documents are submitted.

Elementary school learner..
Re: Full-text of the Supreme Court Judgement on Bayelsa by Nobody:
NGpatriot:
[s][/s]





What's wrong with this illiterate? INEC screens and verify documents and they impose fines when false documents are submitted.

Elementary school learner..
Your IQ is so low it does not measure on the scale!

INEC does not Authenticate documents, they screen (which I have defined) and publish the list of candidates and the credentials they claim they have. It is then up to the public to challenge in court or otherwise. In cases where a discrepancy is brought by the public it is sent back to the Party and when found to be true that is when the fine comes in. INEC DOES NOT AUTHENTICATE CREDENTIALS!!

you are so dimwitted and Thick it is unbelievable. I have told you not once not twice in our interactions on Nairaland to go and brush up on your understanding of English language comprehension and I am not joking!!!!! You lack basic comprehension and a serious IQ problem.

The law is what is in the electoral act and the constitution, not what is written in newspapers by journalists many of whom like you use the wrong words. That an article uses the word "verify" in an article does not mean "authenticate" the validity. The constitution is clear, the electoral act is clear. I really dont know if you were dropped on the head as a child!!!!

Look at what happened to a man who just screwed up his destiny 24 hrs before his day because he failed to comprehend English.



Below is the relevant act: If you have any brain you will see that from sub sections 4, 5 and 6, it is only when a member of the public challenges the credentials in the court and succeeds that INEC imposes a fine. INEC does not instigate any Authenticadion or Validation!!


31.-( I) Every political party shall not later than 60 days before the date appointed for a general election under the provisions of this Act, submit to the Commission in the prescribed forms the list of the candidates the party proposes to sponsor at the elections.

(2) The list or information submitted by each candidate shall be accompanied by an Affidavit sworn to by the candidate at the High Court of a State, indicating that he has fulfilled all the constitutional requirements for election into that office.
Electoral Act 2010 No. 6

(3) The Commission shall, within 7 days of the receipt of the personal particulars of the candidate, publish same in the constituency where the candidate intends to contest the election.

(4) A person may apply to the Commission for a copy of nomination form, affidavit and any other document submitted by a candidate at an election and the Commission shalL upon payment of a prescribed fee, issue such person with a certified copy of the documents within 14 days.

(5) A person who has reasonable grounds to believe that any information gi vcn by a candidate in the affidavit or any document submitted by that candidate is false may file a suit at the High Court of a State or Federal High Court against such person seeking a declaration that the information contained in the affidavit is false.

(6) If the Court determines that any of the information contained in the affidavit or any document submitted by that candidate is false, the Court shall issue an order disqualifying the candidate from contesting the election.


(7) A candidate for an election shall, at the time of submitting the prescribed form, furnish the Commission with an identifiable address in the State where he intends to contest the election at which address all documents and court processes from either the Commission or any other person shall be served on him.

( 8 ) A political party which presents to the Commission the name of a candidate who does not meet the qualifications stipulated in this section, commits an offence and is liable on conviction to a maximum fine of N500,000.00.


If you had read the actual law and had an iota of sense, then from sub-section 1, you would have realsied that it is logistically impossible for INEC to authenticate the credentials of thousands of candidates within 60 days therefore it makes sense that INEC not be saddled with that responsibility. If you understand the weight in law an affidavit carries, you will understand that by sub section 2, INEC has legally removed itself from any responsibility to authenticate because you have submitted a court certified legally binding sworn declaration that says the documents are authentic, so what are they authenticating? To authenticate the contents of something already deposed in an affidavit means they dont recognize the court that issued the affidavit! With the affidavit which is a requirement, if it turns out your documents are false, you have committed perjury and thats your headache not INEcs if it ever comes out, they are fake, Inec will point to the affidavit! ...but we all know and it seems now all of nairaland is beginning to know that you dont have any!

I said earlier you will come back arguing, you were given the relevant section of the law, you didnt check, I gave you to links to statements by INEC officials that it is not their job, that didnt give you cause to pause and think, instead you carry on like a buffooon!! I'm done with you!!! I dont have superpowers to fix dumb people!! i feel my IQ dropping the more I engage you!!!

You are making a fool of yourself!!!!
Re: Full-text of the Supreme Court Judgement on Bayelsa by AreaFada2: 4:01am On Feb 16, 2020
Geeoriginal:
Yours and lamgrees are most reasonable responses so far. The judgement did not prove that the documents didn't belong to him. According to page 16 of the posted judgement, the JSCs only reasoned that since the candidate was changing name incessantly, he must be fraudulent. To me, this is an opinion that was not proven. I am not a lawyer, but if there is no law that stipulates the number of times you can change your names, no crime has been committed. He can only be said to have committed a crime if any of those documents don't belong to him or if any was fraudulently obtained, the fact that was not proven.
That a fraud was committed should not be based on opinion but fact.
I also felt strongly that the court should not take away the right of the people to choose their leaders based on error of someone.
Though, the Imo judgment was deemed faulty, but the judgement says, Hope scored the highest number of votes.
Our electoral act needs urgent and serious revisit to address these issues. The Zamfara governor score less than 25% of votes casted, but he is the governor today. Those judgments are against and punish the people of the land and not just the candidates.
Re: Full-text of the Supreme Court Judgement on Bayelsa by AreaFada2: 4:49am On Feb 16, 2020
Geeoriginal:
Yours and lamgrees are most reasonable responses so far. The judgement did not prove that the documents didn't belong to him. According to page 16 of the posted judgement, the JSCs only reasoned that since the candidate was changing name incessantly, he must be fraudulent. To me, this is an opinion that was not proven. I am not a lawyer, but if there is no law that stipulates the number of times you can change your names, no crime has been committed. He can only be said to have committed a crime if any of those documents don't belong to him or if any was fraudulently obtained, the fact that was not proven.
That a fraud was committed should not be based on opinion but fact.
I also felt strongly that the court should not take away the right of the people to choose their leaders based on error of someone.
Though, the Imo judgment was deemed faulty, but the judgement says, Hope scored the highest number of votes.
Our electoral act needs urgent and serious revisit to address these issues. The Zamfara governor score less than 25% of votes casted, but he is the governor today. Those judgments are against and punish the people of the land and not just the candidates.
The point of the court was that the changes of name done just by deposition/affidavit were not valid. A deed poll would have been the right thing.
It appears that each document or qualification he acquired by means of previous change of name by affidavit is therefore questionable/invalid too.

As for denying the masses what they voted for, remember that the Lower Court already disqualified him from the joint ticket. I think that judgement was made on 12th of November 2019. APC put in an injunction on 13th November and election was on 16th November. So APC should have obeyed the court order and not field him. That election was already too close was no fault of the public, PDP or Diri.

On the contrary sir, it was not the fault of only one man (Dega). It was also the fault of APC & INEC. Both had the job of scrutinizing documents submitted by candidates. They were now public records where PDP lawyers got them from. PDP even challenged those documents before election. Which other warning did APC/INEC want?

It was not a criminal case in court. It was about eligibility of Dega to be a candidate. It's not only a crime that disqualifies people from candidacy. From the point of law, technicality is far more common.

Festus Keyamo who is currently an APC Minister of State could not even fault the SC judgement.

Their expensive SANs goofed amateurishly and thereby disenfranchised so many Bayelsans.
Re: Full-text of the Supreme Court Judgement on Bayelsa by codedguy1(m): 6:04am On Feb 16, 2020
NGpatriot:
If Ihedioha is trying to base his appeal on your lies or the fact that Hope was not APC's rightful candidate in that election, he's on a long thing because Hope was placed on that ballot by INEC via a court order.

INEC conducted that election with Hope's name on the ballot and the PDP and Ihedioha did not challenge Hope's name on the ballot before and after the election, they did not even raise the issue during the appeals so why is that cluelessness part of any appeal after the fact.
Stop being sentimental about these. INEC recognised Hope but the SC has declared his candidacy null and void and for you to think that the SC will just delve into a matter that was not brought up in the appeal confirms that you know nothing.

The excerpts I pasted is part of the supreme court judgement not my lies as you want to see it.

If you have any problem with the judgement you can appeal to your native doctor in your village.
Re: Full-text of the Supreme Court Judgement on Bayelsa by mushystuff: 6:25am On Feb 16, 2020
Dansuqi:
So that is the only evidence that can prove or satisfy the clause beyond reasonable doubt?
With respect to the facts in issue, yes, that is all that was required. Degi's lawyers aren't fools. They had all the issues and evidence the PDP intended to rely on before them. If they felt proof and evidence were not sufficient, they would have argued same before the court. Having failed to do so and being unable convince the court otherwise, they are bound by the final judgement of the court.
Re: Full-text of the Supreme Court Judgement on Bayelsa by ejimatic: 6:31am On Feb 16, 2020
fergie001:
For all those who have poured all manner of invectives on a Senior Jurist, Justice Mary Ukaego Peter-Odili (JSC) CFR, and maligned the integrity of learned Jurists that chaired the panel on the ill-fated Lyon/Degi Mandate.

Ecclesiastes 10: 10 said something important “If the iron be blunt, and he does not whet the edge, then must he put to more strength: but wisdom is profitable to direct”..

Unbiased lawyers in the house can help us digest.
. The case of the disqualified deputy governor is that of Magun Maga Magomago!
Re: Full-text of the Supreme Court Judgement on Bayelsa by mushystuff: 6:34am On Feb 16, 2020
Dansuqi:
He had a sworn affidavit which is crucial
And that is not the correct procedure for effecting a change of name. The judge outlined the process which is:

- It is only an issuing institution that has the power to change the names on the certificate it issued. This as applicable when you allege that your name is not properly spelt, that someone other name is added, etc. A mere affidavit does not cure the defect.

- A notary public before which such declaration is done must be properly identifiable. In his case there was no name and so the notary public is untraceable. That's a fundamental flaw.

- Change of name is effected by means of deed poll. He did not comply with this. Like I said, affidavit is not enough. Even his affidavits had discrepancies in them including that of his age declaration.
Re: Full-text of the Supreme Court Judgement on Bayelsa by mushystuff: 6:39am On Feb 16, 2020
Dansuqi:
The answer is that doing so doesn't amount to forgery.
If you attempt to effect a change on a certificate outside the power and approval of the issuing authority, you have become a forgery candidate destined for jail if charged to court.
Re: Full-text of the Supreme Court Judgement on Bayelsa by ejimatic:
fergie001:
For all those who have poured all manner of invectives on a Senior Jurist, Justice Mary Ukaego Peter-Odili (JSC) CFR, and maligned the integrity of learned Jurists that chaired the panel on the ill-fated Lyon/Degi Mandate.

Ecclesiastes 10: 10 said something important “If the iron be blunt, and he does not whet the edge, then must he put to more strength: but wisdom is profitable to direct”..

Unbiased lawyers in the house can help us digest.
The case of the disqualified deputy governor is that of" Magun Maga Magomago".He dug his grave of his downfall.How could a person be changing names several times.His integrity is questionable. I agree with the judgement as contained in the constitution and the electoral law. I however do not agree with the voiding of votes of the disqualified candidates. Their votes should be part of the total votes cast that would be used in the determining who came second in the election. If nobody came second then a rerun would be an objectively appropriate conclusion. Voiding of the votes cast is tantamount to disenfranchising the voters. The House of Assembly should have a review of this voiding of votes on determining a winner in a election .Additionally the majority judgement at the supreme court should have contained an in depth analysis of section 31 paragraph 6 of the electoral act which served as the basis of the disqualification of Lyion and his deputy first at the lower court and at the SC. That will make the judgement clearer to the laymen on the street who are worried why the case of the deputy governor who did not take part in the primary election could affect the governor. Finally those interested in deception and calculated attempt to change names several times for a knavish purpose should desist from it for it will make them questionable characters
Re: Full-text of the Supreme Court Judgement on Bayelsa by barinedan(m): 6:57am On Feb 16, 2020
If it was PDP chairman that made such comment all hell would have been let loosed, APC seems to be above the law
Re: Full-text of the Supreme Court Judgement on Bayelsa by ejimatic: 7:01am On Feb 16, 2020
Dansuqi:
Lawyers in the house,christiannorth,duwdu,ejimatic,zoedew
Good observation .This however is not the substance of the case.The date can be corrected signed by the judge who read it and copies kept in SC files with many other copies forwarded to the parties concern.So despite the date error the judgement stays.
Re: Full-text of the Supreme Court Judgement on Bayelsa by codedguy1(m): 7:01am On Feb 16, 2020
Divinalss:
Was it not the same Supreme Court that nullified the Bauchi state election in 1999 because the running mate of Adamu Muazu wasn't qualified to partake in that election, why didn't they adopt their judgement in 1999?? My brother if you are not in Bayelsa don't talk. Bayelsans are in deep pains. Bayelsa has been a pdp state since 1999 but we dumped partisan politics and we voted massively for Lyon. The blood of the old people who protested for their pension to be paid and got beaten by Dickson will visit this useless justices. ... Dickson spent 10billion naira to secure this judgement.

Some LGA's in Bayelsa are owing 12 months salary ..There are no street lights in yenagoa not to talk of other towns, poor electricity supply, no water, salaries are not paid in Time.
Pdp only won Dickson's LGA where there was massive electoral fraud and that of Diri's. Infact APC got 40% in Diri's LGA.

It may interest you to know that yenagoa is one way in one way out.. There are no roads not to talk of good roads. Right now some workers have been paid and others are not because sterling bank has seized some part of the state allocation claiming that the govt is owing them money.

My brothers a lot has been happening in Bayelsa for the past 8years my people have never had it so tough despite the fact that Dickson received more than N1.7 trillion in 8 years.
Oga stop talking like you are the only one in bayelsa.

First of there have constitutional reviews since that 99 incidence with Muazu and his deputy so its not as straight forward as that.

It is true that we voted massively for Lyon but the blame should go to the APC for being arrogant and careless for bringing someone with questionable identity to partner with Lyon.

The SC is not here for the sentiments that people massively voted for Lyon, they looked at the case and found the deputy wanting and since its a joint ticket it affected Lyon.

Have you not noticed that most of the APC bigwigs are not even talking, Festus keyamo a staunch APC member has even commended the ruling so calm your nerves.

What has happened in bayelsa under Dickson is not different from what has been happening in the state since the inception of democracy so don't make it look like Dickson is the only useless gov even though I agree that he is a stupid goat.

What did Timipreye Silva achieve as a gov?

Lyon IMO would not have taken the state any where, he would have been worse than Dickson because he would have been tied to the shoestrings of Silva.

Douye will also be as useless as useless can be, they are all the same. The douye even looks confused. I hope he himself would be booted out if what I am hearing about his deputy is true.

Timi Alaibe should be more appealing to the electorate than this opportunistic Diri but who can trust these guys.

Make we dey watch. The accord guy Diriyai even looks a better option than all these thieves.
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