₦airaland Forum

fergie001:
You and I know he didn't file within 21 days as spelt out in Section 285(5). The turn of events made him file. You know that, don't you?

Thats why i said a new window of petition being opened

Dansuqi:
Yes,the op was silent on that and so many issues.people familiar with court cases will understand where i am driving to

You're not driving anywhere. How could APC have filed a petition in an election it won?
If there were to be a petition, it will be a pre-election [font=Lucida Sans Unicode][/font]matter which would have been disposed by now.

Agboriotejoye:
You're not driving anywhere. How could APC have filed a petition in an election it won?
If there were to be a petition, it will be a pre-election [font=Lucida Sans Unicode][/font]matter which would have been disposed by now.

You are misunderstanding everything as usual.the petition was filed by the candidate of liberation movement party not apc.it was filed at the election petition tribunal not a civil court.by the way,tribunals also handles some types of pre election matters

Dansuqi:
Yes,the op was silent on that and so many issues.people familiar with court cases will understand where i am driving to

The time stamp showed it was filed today.

But another legal gymnastics will determine the declaration date.

fergie001:
The time stamp showed it was filed today.

But another legal gymnastics will determine the declaration date.

Ok

Dansuqi:
He is not immune from any election case.

Infact i think with the declaration of diri,a new window of petition can be legally opened.a new 21 days can be counted from the 13th when he was declared till august.even if it ends by may,the peritioners can still prove their case before then.lawyers what do you think ejimatic,zoedew etc

Diri s deputy had a case before swearing in.It is a pre election matter. He is not immunes at all. Even when it was found out that he forged certificates after swearing in it will be entertained as it bothers on qualification for the post.

Dansuqi:
You are misunderstanding everything as usual.the petition was filed by the candidate of liberation movement party not apc.it was filed at the election petition tribunal not a civil court.by the way,tribunals also handles some types of pre election matters

Well.... if it was filed when APC were declared winner, the tribunal will have rejected it because it lacks substance since it is a pre-election matter and at that time, any judgement given will have been of no effect since APC won. and liberation movement party(?) neither claimed to have won or that the election was not free and fair. So you see that the case is as dead as dodo now?

ejimatic:
Diri s deputy had a case before swearing in.It is a pre election matter. He is not immunes at all. Even when it was found out that he forged certificates after swearing in it will be entertained as it bothers on qualification for the post.

Sorry sir you are not getting me.the case diri:s deputy had was pertaining to his senatorial election and is likely time barred.thats not what am talking about.

A party filed a petition today at the tribunal.normally they were supposed to do so within 21 days after the election and this is over 3 months.any petition at that time will have bern against the initial winner lyon.
Now that there's a new governor,how will the petition of today be calculated? Is it from when the initial election was held or from the 13th when a new governor was declared? Remember petition against lyon is now dead.the petition now will be targeted at diri.what is the position of the law here

Dansuqi:
Ok

Go and congratulate Shan George abeg.

Me used to love that momma (and Henshaw).that year.

[quote author=Dansuqi post=86847422][/quote]This Bayelsa case should not give you HBP oooooo

Agboriotejoye:
Well.... if it was filed when APC were declared winner, the tribunal will have rejected it because it lacks substance since it is a pre-election matter and at that time, any judgement given will have been of no effect since APC won. and liberation movement party(?) neither claimed to have won or that the election was not free and fair. So you see that the case is as dead as dodo now?

This guy self,why cant you accept simple corrections? a tribunal has jurisdiction to entertain some pre election like forgery of documents submitted to inec,this is clearly stated in the electoral act. See atiku vs buhari supra
See useni vs lalong supra
See kakih vs pdp 2010


To the other matter(but you must accept the above matter first),if the first case was filed on time agsinst lyon,he can seek the leave of tribunal to amend his petition since the old was has been overtaken by other events.kai,na waooo

fergie001:
Go and congratulate Shan George abeg.

Me used to love that momma (and Henshaw).that year.

I dont like her or any audio appointment from ayade

Post election case
He is now under immunity.
APC should. Wait. Till 2023

fergie001:
This Bayelsa case should not give you HBP oooooo

Ironically,am enjoying it

comos:
Post election case
He is now under immunity.
APC should. Wait. Till 2023

Another misguided comment

Agboriotejoye:
Well.... if it was filed when APC were declared winner, the tribunal will have rejected it because it lacks substance since it is a pre-election matter and at that time, any judgement given will have been of no effect since APC won. and liberation movement party(?) neither claimed to have won or that the election was not free and fair. So you see that the case is as dead as dodo now?

Section 285(9), 4th Alteration states (paraphrased) the conditions that fall within a pre-election case:

(1) Complaints emanating from the conduct of primaries of political parties;

(2) Complaints by an aspirant who has been excluded by INEC from participating in an election, and;

(3) Complaints by a political party whose candidate has been disqualified by INEC from contesting an election.

Again,
SENATOR JULIUS ALI UCHA v. DR. EMMANUEL ONWE & ORS.
CITATION: (2011) LPELR-SC.282/2010

Before your Lordships;
FRANCIS FEDODE TABAI(rtd) JSC
IBRAHIM TANKO MUHAMMAD (Present CJN) JSC
MOHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE(rtd) JSC
JOHN AFOLABI FABIYI (rtd) JSC
BODE RHODES-VIVOUR JSC

Section 66 (1) of the Constitution makes specific provisions for a person's disqualification or non-qualification for election to the Senate or the House of Representatives. These include the persons voluntary acquisition of the citizenship of a country other than Nigeria, his having been adjudged a lunatic or an Undischarged bankrupt his having been sentenced to death or to imprisonment for an offence involving dishonesty, that he is a member of a secret society, his having been indicted for embezzlement or fraud, his presentation of a forged certificate to the Independent National Electoral commission.

Any of these disabilities spelt out in section 66 (1) of the Constitution can properly constitute a ground upon which a persons election can be questioned in an election petition.

A person's disqualification or non-qualification based on or arising from the domestic nomination exercise of his political party is clearly a pre-election matter over which the election tribunal has no jurisdiction.


Again,
“the issue of qualification of a candidate for the position of a Governor of a state is provided for in section 138 of the Electoral Act 2010 and section 182 of the 1999 constitution and is an issue that can be challenged at an election tribunal.

“It is not a pre-election matter. You can question the qualification of a candidate in a petition before an election tribunal among other issues and the tribunal has the jurisdiction to determine such issues raised before it on merit.
This appeal is a waste of time of this court. Go back to the tribunal and let it determine the matter, why do you come here? The law says the qualification of a candidate can be questioned. It is the tribunal that will decide base on evidence placed before it.

“in my view, there is no dispute that a tribunal can entertain a pre-election matter and it was clearly wrong for the tribunal to have dismissed the petition at that stage.
“The issue of qualification is clearly within the jurisdiction of the tribunal and this is not a pre-election matter. This appeal has failed and the petition is hereby remitted to the tribunal for determination.” (Dahiru Musdapher, then CJN)
“He who alleges must prove allow the petitioners to go and prove their case, don’t interpret their own petition for them.” (Walter Onnoghen, later CJN)JSC

Gabriel Suswam v ANPP &Ors.
http://saharareporters.com/2011/11/28/certificate-forgery-%E2%80%93s%E2%80%99court-says-tribunal-has-jurisdiction-hear-forgery-case-against


Dansuqi is right.....Tribunal can look into forgery cases.

The election petition tribunal in Yola last year removed 2 HoR members.

Dansuqi:
Ironically,am enjoying it

Me too....it's broadening my legal scope.

If I tell you how much I have learnt in this Bayelsa case ehn...unquantifiable.

Dansuqi:
Sorry sir you are not getting me.the case diri:s deputy had was pertaining to his senatorial election and is likely time barred.thats not what am talking about.

A party filed a petition today at the tribunal.normally they were supposed to do so within 21 days after the election and this is over 3 months.any petition at that time will have bern against the initial winner lyon.
Now that there's a new governor,how will the petition of today be calculated? Is it from when the initial election was held or from the 13th when a new governor was declared? Remember petition against lyon is now dead.the petition now will be targeted at diri.what is the position of the law here

. All cases concerning the conduct of Bayelsa election against Lyon are status barred now. All fresh cases concerning the conduct of Bayelsa election are also status barred . 21 days regulation is sacrosanct !

ejimatic:
. All cases concerning the conduct of Bayelsa election against Lyon are status barred now. All fresh cases concerning the conduct of Bayelsa election are also status barred . 21 days regulation is sacrosanct !

Dansuqi will faint ooooo.......

But let's look at the maxim "declare".

INEC also on the 14th of this month said: I declare (a formal statement), ....will the statutory 21 days not start from there in consonance with Section 285(5) of the Constitution)

fergie001:
Dansuqi will faint ooooo.......

But let's look at the maxim "declare".

INEC also on the 14th of this month said: I declare (a formal statement), ....will the statutory 21 days not start from there in consonance with Section 285(5) of the Constitution)

You are so clever.am impressed.elections are not concluded until declarations are made going the case of faleke vs inec per galadima
And adeleke vs oyetola

So it may start from 14th february.ozekhome will be handy here

Dansuqi:
I dont like her or any audio appointment from ayade

I used to....she is old cargo now.

Used to know one bros that is like half her age many years ago that used to keep her 'warm'

fergie001:
Section 285(9), 4th Alteration states (paraphrased) the conditions that fall within a pre-election case:

(1) Complaints emanating from the conduct of primaries of political parties;

(2) Complaints by an aspirant who has been excluded by INEC from participating in an election, and;

(3) Complaints by a political party whose candidate has been disqualified by INEC from contesting an election.

Again,
SENATOR JULIUS ALI UCHA v. DR. EMMANUEL ONWE & ORS.
CITATION: (2011) LPELR-SC.282/2010

Before your Lordships;
FRANCIS FEDODE TABAI(rtd) JSC
IBRAHIM TANKO MUHAMMAD (Present CJN) JSC
MOHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE(rtd) JSC
JOHN AFOLABI FABIYI (rtd) JSC
BODE RHODES-VIVOUR JSC

Section 66 (1) of the Constitution makes specific provisions for a person's disqualification or non-qualification for election to the Senate or the House of Representatives. These include the persons voluntary acquisition of the citizenship of a country other than Nigeria, his having been adjudged a lunatic or an Undischarged bankrupt his having been sentenced to death or to imprisonment for an offence involving dishonesty, that he is a member of a secret society, his having been indicted for embezzlement or fraud, his presentation of a forged certificate to the Independent National Electoral commission.

Any of these disabilities spelt out in section 66 (1) of the Constitution can properly constitute a ground upon which a persons election can be questioned in an election petition.

A person's disqualification or non-qualification based on or arising from the domestic nomination exercise of his political party is clearly a pre-election matter over which the election tribunal has no jurisdiction.


Again,
“the issue of qualification of a candidate for the position of a Governor of a state is provided for in section 138 of the Electoral Act 2010 and section 182 of the 1999 constitution and is an issue that can be challenged at an election tribunal.

“It is not a pre-election matter. You can question the qualification of a candidate in a petition before an election tribunal among other issues and the tribunal has the jurisdiction to determine such issues raised before it on merit.
This appeal is a waste of time of this court. Go back to the tribunal and let it determine the matter, why do you come here? The law says the qualification of a candidate can be questioned. It is the tribunal that will decide base on evidence placed before it.

“in my view, there is no dispute that a tribunal can entertain a pre-election matter and it was clearly wrong for the tribunal to have dismissed the petition at that stage.
“The issue of qualification is clearly within the jurisdiction of the tribunal and this is not a pre-election matter. This appeal has failed and the petition is hereby remitted to the tribunal for determination.” (Dahiru Musdapher, then CJN)
“He who alleges must prove allow the petitioners to go and prove their case, don’t interpret their own petition for them.” (Walter Onnoghen, later CJN)JSC

Gabriel Suswam v ANPP &Ors.
http://saharareporters.com/2011/11/28/certificate-forgery-%E2%80%93s%E2%80%99court-says-tribunal-has-jurisdiction-hear-forgery-case-against


Dansuqi is right.....Tribunal can look into forgery cases.

The election petition tribunal in Yola last year removed 2 HoR members.

That's not my argument. My stand is that it is statute barred. He is claiming the liberation movement party instituted it before the expiration of time to file election petition cases and I told him if they did then, it would have been thrown out for lack of merit due to the fact that PDP did not win the election and disqualifying them then will amount to nothing

Dansuqi:
Sorry sir you are not getting me.the case diri:s deputy had was pertaining to his senatorial election and is likely time barred.thats not what am talking about.

A party filed a petition today at the tribunal.normally they were supposed to do so within 21 days after the election and this is over 3 months.any petition at that time will have bern against the initial winner lyon.
Now that there's a new governor,how will the petition of today be calculated? Is it from when the initial election was held or from the 13th when a new governor was declared? Remember petition against lyon is now dead.the petition now will be targeted at diri.what is the position of the law here

. Pls note that a case of forgery can be opened at any time .It is a pre election matter which can be presented before a high court .

Agboriotejoye:
That's not my argument. My stand is that it is statute barred. He is claiming the liberation movement party instituted it before the expiration of time to file election petition cases and I told him if they did then, it would have been thrown out for lack of merit due to the fact that PDP did not win the election and disqualifying them then will amount to nothing

Correct.....with the time stamp showing clearly there....they filed today Feb 21.

The issue now is : On whose declaration should we stand; the declaration of Nov 2019 (by which this petition is statute-barred) or the declaration of Valentine day, 2020.

Section 285(5) in verbatim:
"An election petition shall be filed within 21 days after the date of declaration of results of the election"

The photo below was INEC's statement, number 4...am puzzled;

ejimatic:
. Pls note that a case of forgery can be opened at any time .It is a pre election matter which can be presented before a high court .

Before a high court as a criminal case.
If filed past 14 days of the cause of action (precisely election or nomination), the court has no jurisdiction to hear the case.

Cc: dansuqi

ejimatic:
. Pls note that a case of forgery can be opened at any time .It is a pre election matter which can be presented before a high court .

You are right thats if it is not in connection with election.if you are filing it based on elections,it must be within the statutory time allowed.if it is now within a civil court and not in connection to any election,it is now a criminal case and therefore cannot affect a deputy governor as the cloth of immunity will now be activated legally

Dansuqi:
You are so clever.am impressed.elections are not concluded until declarations are made going the case of faleke vs inec per galadima
And adeleke vs oyetola

So it may start from 14th february.ozekhome will be handy here

Mtchew.....because am not partisan?

Anything fake certificate, I don't stand for it....afterall I didn't forge mine. Who e epp sef!?

fergie001:
Mtchew.....because am not partisan?

Anything fake certificate, I don't stand for it....afterall I didn't forge mine. Who e epp sef!?

You dangle between subtle partisanship and neutrality

Dansuqi:
You dangle between subtle partisanship and neutrality

No..I am more into individuals than party. I have said that severally. Anybody but Lyon, because of Sylva.

fergie001:
No..I am more into individuals than party. I have said that severally. Anybody but Lyon, because of Sylva.

And diri?

Dansuqi:
And diri?

I never knew Diri until he became a Senator.
Sylva.....you see that man ehn!!!!
Met him once, I have a story that I haven't forgotten about him.
So I can't be on the same page with him ever since. So this judgement of removing Lyon sweet me.

It's an apt judgement...whilst going through a lot of research today, I found many similar cases. Mary Odili was right.

fergie001:
I never knew Diri until he became a Senator.
Sylva.....you see that man ehn!!!!
Met him once, I have a story that I haven't forgotten about him.
So I can't be on the same page with him ever since. So this judgement of removing Lyon sweet me.

It's an apt judgement...whilst going through a lot of research today, I found many similar cases. Mary Odili was right.

The same reason you dislike him applied to diri.its simple