As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu - Politics - Nairaland
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| As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by Racoon(op): 11:13am On Feb 17, 2020*. Modified: 2:14pm On Feb 17, 2020 |
When it sits on Tuesday, 18 February 2020, to consider the application to review its judgment of 14 January in the matter of the petition on the outcome of the March 2019 governorship election in Imo State, Nigeria’s Supreme Court will find itself presented with a signal moment to re-set the balance in the monumental enterprise of election dispute resolution in Nigeria, a balance upset increasingly by an appearance of decision making un-moored to law or principles. It is an opportunity that the Court should embrace with clarity and an eye on posterity.https://thenigerialawyer.com/as-the-supreme-court-reviews-its-decision-on-imo-state-governorship-election-by-chidi-anselm-odinkalu/amp/?__twitter_impression=true cc: Lalasticlala OAM4J Mynd44
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| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by kahal29: 11:18am On Feb 17, 2020*. Modified: 11:38am On Feb 17, 2020 |
Chidi if you are truly a lawyer then you should know by now that: 1. The Supreme Court do not double speak in a matter. 2. Hearing of application for Review does not automatically amount to Review. What you are asking the Supreme Court to do in your submission above is to rehear the appeal and by extension retry the matter which you as a lawyer know is 99% impossible. The Supreme Court cannot relitigate IMO STATE case because there must be an end to litigation. The Supreme Court can only review a judgment based on issues joined by parties and were also canvassed at the trial level. All these new issues, Ihedioha and his team of Audio lawyers are introducing Now cannot fly because they were not canvassed at trial court. |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by LawLord247: 11:25am On Feb 17, 2020 |
I see |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by Racoon(op): 11:29am On Feb 17, 2020 |
In several polling units where the INEC certified that there was no election or that voting had been cancelled due to violence, Mr.Uzodinmma produced his own results with humongous turnouts and over 95% of the votes allocated to him.The result sheet was strewn with mathematical and electoral impossibility, which the Supreme Court chose to accept and believe.Legalizing illegality.This is the Justice Tanko-led supreme court for you. |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by Racoon(op): 11:35am On Feb 17, 2020 |
kahal29:We are final not because we are infallible; rather we are infallible because we are final.Justices of this Court are human-beings, capable of erring.It will certainly be short sighted arrogance not to accept this obvious truth. It is also true that this Court can do inestimable good through its wise decisions.Similarly, the Court can do incalculable harm through its mistakes. When therefore it appears to learned counsel that any decision of this Court has been given per incuriam, such counsel should have the boldness and courage to ask that such a decision be over-ruled. This Court has the power to over-rule itself (and has done so in the past) for it gladly accepts that it is far better to admit an error than to persevere in error. Chukwudifu Oputa JSC in Adegoke Motors Vs.Adesanya. (Considered the powers of the Supreme Court as the final Court in the land to review its earlier decisions). |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by kahal29: 11:37am On Feb 17, 2020 |
Racoon:Why didn't IHEDIOHA and his team of lawyers see this errors at trial stage and issues joined on pleadings? Oooooo they thought it didn't matter? Or were they expecting the Judges to help their case? No nah it doesn't work like that cos the court is not a father Christmas. It can only give you what you ask of it and not what you didn't ask for. |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by Righteousness89(m): 11:40am On Feb 17, 2020 |
I still don't know How, But I see Ihedioha in The IMO state Seat of Power! |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by kahal29: 11:47am On Feb 17, 2020 |
Righteousness89:For me I know the How... What is the How? Ihedioha is gone and gone for good.... By Jeff Uzor Apparently a lot of people don't know how courts work including some lawyers. Let me break it down once more. When you file a motion in court, the trial don't happen right away. There are procedures the motion goes through before it can be heard. It is the same with the apex court. Before the motion for review filed by Ihedioha counsel can move forward, it will first be evaluated on its merits (that means looked over to determine if the apex court can move forward with it or not). Assuming after the evaluation on Tuesday, it is determined that the motion for review should go on, then the Supreme Court will conduct a review based on prayers been sought. With all the above being said, I can tell you with a degree of certainty that the motion for review as filed by his counsel shall be dismissed on Tuesday for lack of merit. Whats the reason? Well, the motion has a lot of flaws. The first flaw , it is almost impossible to get a unanimous judgement reviewed. The only way is if the prayer being sought is clerical in nature. Second litigation ends at the supreme court therefore when asking for a review, certain threshold must be met. The law is made that way so there can be an end to litigation. The motion as filed by Ihedioha counsel if adopted shall create a judicial disaster. Third one of the prayers being sought in the motion as filed is the same INEC ignored when they declared him the duly elected candidate, that is the two third spread. Asking the court to nullify a judgement on a fact you first benefitted creates estoppel in law. In summary, the chances of his review moving forward after Tuesday is ZERO. Ultimately INEC and his COUNSEL cost him the election. |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by Righteousness89(m): 11:48am On Feb 17, 2020 |
[s] kahal29:[/s] |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by kahal29: 11:51am On Feb 17, 2020 |
Righteousness89:By Jeff Uzor Apparently a lot of people don't know how courts work including some lawyers. Let me break it down once more. When you file a motion in court, the trial don't happen right away. There are procedures the motion goes through before it can be heard. It is the same with the apex court. Before the motion for review filed by Ihedioha counsel can move forward, it will first be evaluated on its merits (that means looked over to determine if the apex court can move forward with it or not). Assuming after the evaluation on Tuesday, it is determined that the motion for review should go on, then the Supreme Court will conduct a review based on prayers been sought. With all the above being said, I can tell you with a degree of certainty that the motion for review as filed by his counsel shall be dismissed on Tuesday for lack of merit. Whats the reason? Well, the motion has a lot of flaws. The first flaw , it is almost impossible to get a unanimous judgement reviewed. The only way is if the prayer being sought is clerical in nature. Second litigation ends at the supreme court therefore when asking for a review, certain threshold must be met. The law is made that way so there can be an end to litigation. The motion as filed by Ihedioha counsel if adopted shall create a judicial disaster. Third one of the prayers being sought in the motion as filed is the same INEC ignored when they declared him the duly elected candidate, that is the two third spread. Asking the court to nullify a judgement on a fact you first benefitted creates estoppel in law. In summary, the chances of his review moving forward after Tuesday is ZERO. Ultimately INEC and his COUNSEL cost him the election. |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by Racoon(op): 11:52am On Feb 17, 2020 |
kahal29:"The Supreme Court decided to overturn them, holding, rather incredulously, that findings of the two lower courts were “perverse”.According to the Supreme Court, in saying that the results from Mr. Uzodinmma were false or suborned, INEC had alleged “fraud” and had a burden to prove that allegation “beyond reasonable doubt.” That seemed like standing the law on its head by according presumptive validity to the Policeman’s results for Mr. Uzodinmma." |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by Righteousness89(m): 11:54am On Feb 17, 2020 |
[s] kahal29:[/s] Keep your Grammar.. They are irrelevant to what I see.. |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by Dedetwo(m): 12:12pm On Feb 17, 2020 |
kahal29:The so-called Apex court's previous ruling is a travesty and judicial disaster. How could the so-called Supreme Court give Nigerians a ruling a dumbass jackass could easily discern as a miscarriage of justice? INEC is a material witness and provided material evidences which showed if the forged results Uzodinma claimed to have accrued were allowed to stand, the tallied votes will be greater than the accredited voter's ballots by the only organization allowed to conduct election in the state. |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by APCNig: 12:25pm On Feb 17, 2020 |
This flat headed nincompoop called Chidi Odinkalu is mad. I think he too inherited madness from his father just like FFK, Reno Omokiriki and Ishaq Akintola. |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by kahal29: 12:36pm On Feb 17, 2020 |
Racoon:In OBIOHA v. IBERO (1994) 1 NWLR Pt. 322 Pg 503, the applicants sought an order of the Supreme Court to set aside its own judgment on among other grounds that the court's decision was a nullity because the court lacked jurisdiction to decide on and interpret certain documents. Belgore JSC (as he then was) who read the lead judgment put the law thus at pg 520-521: "What this court is being asked to do, is to review its judgment, not to correct clerical errors or errors from accidental slip or omission, but to overturn its own judgment already given. This court has consistently refused to be dragged into this pitfall. The purpose of this application is clear, it is an appeal cloaked in the guise of a motion. From the wordings of a motion and the grounds for bringing it, it is manifestly clear that the validity of the judgment of this court as given on 26th February, 1993 is being challenged ... Once the supreme court has entered judgment in a case, that decision is final and will remain so for ever. The law may in future be amended to affect future issues on the same subject, but for the case decided, that is the end of the matter ... It is emphatically restated that this motion with a double edged sword of alleged powers under the Constitution S. 6 (6)(a) and under the Rules (Order 8 rule 16) should once and for all be nailed in its coffin. The law does not permit this court a double say in the same matter. It either allows or dismisses an appeal, not the two on the same issue. The inherent powers under S. 6 (6) of the Constitution cannot be invoked to reverse a decision already given by this court..." |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by PipTick: 1:24pm On Feb 17, 2020 |
Beautiful write up. I'm confident the SC would do the needful otherwise, this would be a bad precedence going forward. Unverified results cannot win elections. |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by Racoon(op): 1:51pm On Feb 17, 2020 |
Dedetwo:Well said sir.This is the most absurd thing about the supreme court ruling on the Imo guber debacle |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by Racoon(op): 1:51pm On Feb 17, 2020*. Modified: 2:12pm On Feb 17, 2020 |
We have an unprecedentedly total fascist take over of the judiciary, the kind that compelled the Supreme Court to award nullified rigged votes to APC’s Hope Uzodinma even if by doing so the Supreme Court created an astonishing numerical incongruity where the Supreme Court’s final vote tally is now greater than the number of people INEC accredited to vote!https://www.farooqkperogi.com/2020/01/imo-judicial-abracadabra-and.html?m=1#.XiJ_Dz71hGU.twitter
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| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by Caseless: 4:30pm On Feb 17, 2020 |
chidi, is that you? |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by helinues: 5:01pm On Feb 17, 2020 |
Cancelling the whole election should be their reviews. For INEC to deliberately removed some figures means those accounted for can't be accurate |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by Dansuqi: 5:55pm On Feb 17, 2020 |
Caseless:I had always thought that racoon is either chidi odinkalu or reno omokri |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by Dansuqi: 5:57pm On Feb 17, 2020 |
helinues:I think that is just that.the whole election is a mess and the supreme court tried the best it could to salvage things.the highest is a rerun which ihedioha will still lose |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by Racoon(op): 8:05am On Feb 18, 2020 |
Today is judgement day.Let justice prevail. |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by kahal29: 8:25am On Feb 18, 2020 |
Racoon:Yes oh Judgement will definitely prevail because the Supreme Court cannot RE-LITIGATE in any matter. It can only review its judgment based on issues joined by parties in their pleadings. |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by tricksters: 8:29am On Feb 18, 2020 |
Bigoted clowns like Odinkalu should not be allowed to make comment in our public space. This was a man I use to respe t a lot back in the days when I watch on Channels not all his soul his eager to project his bigotry n acute foolishness. |
| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by Lovelive: 8:49am On Feb 18, 2020 |
APCNig:
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| Re: As The Supreme Court Reviews Its Decision On Imo Election -Chidi Anselm Odinkalu by Lovelive: 8:55am On Feb 18, 2020 |
tricksters:
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