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Falana Faults Supreme Course Judgment On Bayelsa Polls by Dansuqi: 10:24pm On Feb 22, 2020
Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction
Adeshola Soyele and Akinola Ajibola
Updated February 22, 2020
961

Mr Femi Falana




A Senior Advocate of Nigeria, Femi Falana, has reacted to the judgment of the Supreme Court on the governorship election in Bayelsa State.

In an exclusive with Channels Television, he said the apex court made a mistake when it treated a pre-election matter as a post-election case.

“What their Lordships ought to have done was to ask the lawyers, ‘can you address us with respect to our jurisdiction?’

“Because Section 133 of the Electoral Act stipulates that upon the conclusion of an election and once candidates are declared, any challenge of the conduct of the election, of the qualification of the candidates shall be heard and determined by an Election Petition Tribunal,” Falana stated.

On February 13, a five-man panel of the Supreme Court led by Justice Mary Peter-Odili sacked David Lyon and Biobarakuma Degi-Eremieoyo of the All Progressives Congress (APC) as the winners of the November 16, 2019 governorship poll.

The court then ordered the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return issued to the APC candidates and issue fresh certificates to the candidate of the party with the next highest votes, and with the required constitutional spread of votes in the results of the election.

It disqualified Degi-Eremieoyo as a candidate in the election for submitting forged certificates to INEC, stressing that the deputy-governorship candidate had infected the joint ticket with which he and Lyon ran for and won the election.

This led to the declaration of Senator Douye Diri and Senator Lawrence Ewhrudjakpo of the Peoples Democratic Party (PDP) as the winners of the election and subsequent swearing-in as the governor and deputy governors of Bayelsa State.

The leadership of the APC and Degi-Eremieoyo have separately asked the apex court to review its judgement on the election.

In his reaction, Falana who has disagreed with the APC led government on many issues insisted that the apex court made a mistake.

He stressed that the court lacked the jurisdiction to entertain the matter, saying it should have gone before the Election Petition Tribunal.

Ahead of the review of the judgment by the Supreme Court, the senior advocate was hopeful that the opportunity would further develop and strengthen the country’s laws.

He said, “The election was held on the basis of the judgement of the Court of Appeal which was to the fact that yes! Degi-Eremieoyo changed his name many times, not that he forged any of his certificates; there was no such proof. Therefore, he can contest the election.”

“On the basis of that judgement, the people voted; which means by that judgement, the election was valid and legal.

“As of that date, there was no pending appeal before the Supreme Court whereby INEC could be accused of having violated the doctrines of lis pendens i.e. ‘since you knew a case was in court, why did you hold election? As was the case of Peter Obi and INEC,” he added.

Falana stated that it was after the conclusion of the election that the PDP filed an appeal in the Supreme Court.

He stressed, “With profound respect, the attention of the Supreme Court was not drawn to the legality of that appeal; the case had become spent.”
https://www.google.com/url?q=https://www.channelstv.com/2020/02/22/bayelsa-election-falana-says-supreme-court-is-wrong-lacks-jurisdiction/&sa=U&ved=2ahUKEwjf-Mb6i-bnAhWxzIUKHQhFCm4QFjAAegQIAxAB&usg=AOvVaw3uIm2sDUoY1PNi7hEly6mT

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Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by socialmediaman: 10:26pm On Feb 22, 2020
The Supreme Court has jurisdiction to award whoever they choose, even if the person did not contest the election! They did it in Imo state, awarding votes anyhow to the awe of observers, they have also done it in Bayelsa, invalidating the belief that the victory in the election goes to the party and not the candidates!

In fact don’t be surprised if the Supreme Court arm of the FG headed by Malami awards Oshiomhole victory for the election in Edo state.

4 Likes

Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by Nobody: 10:33pm On Feb 22, 2020
It must always be between APC&PDP with their useless representatives!
We need smth new-fresh blood(youths)
i am tired!
Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by Leo3333: 10:49pm On Feb 22, 2020
***Yawns***
Someone tap me please when "Fadina" says something about IMO.

1 Like

Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by LibertyRep: 11:03pm On Feb 22, 2020
Could it be that the five learned judges who gave the unanimous ruling are oblivious of this specific part of the law?

They should all just toying with people's emotions. All of them APC , PDP and the Judges.
Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by Dansuqi: 11:14pm On Feb 22, 2020
What does section 133 of the electoral act specifically say?
Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by donpapa(m): 11:18pm On Feb 22, 2020
shocked
Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by yarimo(m): 11:49pm On Feb 22, 2020
it shall never be well with justice ODILI by the grace of God
Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by ZAWs: 11:50pm On Feb 22, 2020
Supreme court don't originate cases.
But in this case, nonsense mary odili gave a verdict on an election matter that was never existed anywhere.
Mary Odili was given a little test, but she didn't only failed woefully, but also exhibited her devilish attitude.

1 Like

Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by gunuvi(m): 12:27am On Feb 23, 2020
ZAWs:
Supreme court don't originate cases.
But in this case, nonsense mary odili gave a verdict on an election matter that was never existed anywhere.
Mary Odili was given a little test, but she didn't only failed woefully, but also exhibited her devilish attitude.
I'm not taking sides with anyone.
But person of such profile should have examined such case thoroughly regardless of the party she supports.
Are you aware there was a case on the name before the election?

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Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by Judeerons32: 4:30am On Feb 23, 2020
That is the case Falana made. The appeal to supreme court was filed after the election. Which automatically should have made it a tribunal case haven conducted the election already.
gunuvi:

Are you aware there was a case on the name before the election?

1 Like

Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by mushystuff: 5:27am On Feb 23, 2020
I wonder though whether Falana averted his mind to the fact that after the conclusion of a case there is a right of appeal which must be exercised within a certain timeframe after which the principle of effluxion of time comes into play.

A pre-election matter doesn't suddenly become a post-election matter just because an election has taken place when the appellant party still has a cause of action and has not run out of time to file an appeal. The law does not say that the court of appeal is the court of final judgement rather it is the Supreme court on pre-election issues.

The mere conduct of an election does not override the right of appeal of any party.

3 Likes 1 Share

Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by mushystuff: 5:33am On Feb 23, 2020
When people ignorantly call Mary Odili and cast aspersions at her I just wonder! She did not author or read the lead judgement; she is one out of 5 judges; she was only the presiding judge by reason of rank ie seniority. What is wrong with some of you?

ZAWs:
Supreme court don't originate cases.
But in this case, nonsense mary odili gave a verdict on an election matter that was never existed anywhere.
Mary Odili was given a little test, but she didn't only failed woefully, but also exhibited her devilish attitude.

yarimo:
it shall never be well with justice ODILI by the grace of God

2 Likes

Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by ZAWs: 6:55am On Feb 23, 2020
gunuvi:

Are you aware there was a case on the name before the election?

Did you read this?
“As of that date, there was no pending appeal before the Supreme Court whereby INEC could be accused of having violated the doctrines of lis pendens i.e. ‘since you knew a case was in court, why did you hold election? As was the case of Peter Obi and INEC,” he added.

Falana stated that it was after the conclusion of the election that the PDP filed an appeal in the Supreme Court.

2 Likes

Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by Dansuqi: 7:50am On Feb 23, 2020
mushystuff:
I wonder though whether Falana averted his mind to the fact that after the conclusion of a case there is a right of appeal which must be exercised within a certain timeframe after which the principle of effluxion of time comes into play.

A pre-election matter doesn't suddenly become a post-election matter just because an election has taken place when the appellant party still has a cause of action and has not run out of time to file an appeal. The law does not say that the court of appeal is the court of final judgement rather it is the Supreme court on pre-election issues.

The mere conduct of an election does not override the right of appeal of any party.
What does 133 actually states
Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by Dansuqi: 7:51am On Feb 23, 2020
mushystuff:
When people ignorantly call Mary Odili and cast aspersions at her I just wonder! She did not author or read the lead judgement; she is one out of 5 judges; she was only the presiding judge by reason of rank ie seniority. What is wrong with some of you?



What are the powers of a presiding judge? Can she convince 4 other judges or not
Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by ejimatic: 9:55am On Feb 23, 2020
Dansuqi:
Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction
Adeshola Soyele and Akinola Ajibola
Updated February 22, 2020
961

Mr Femi Falana




A Senior Advocate of Nigeria, Femi Falana, has reacted to the judgment of the Supreme Court on the governorship election in Bayelsa State.

In an exclusive with Channels Television, he said the apex court made a mistake when it treated a pre-election matter as a post-election case.

“What their Lordships ought to have done was to ask the lawyers, ‘can you address us with respect to our jurisdiction?’

“Because Section 133 of the Electoral Act stipulates that upon the conclusion of an election and once candidates are declared, any challenge of the conduct of the election, of the qualification of the candidates shall be heard and determined by an Election Petition Tribunal,” Falana stated.

On February 13, a five-man panel of the Supreme Court led by Justice Mary Peter-Odili sacked David Lyon and Biobarakuma Degi-Eremieoyo of the All Progressives Congress (APC) as the winners of the November 16, 2019 governorship poll.

The court then ordered the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return issued to the APC candidates and issue fresh certificates to the candidate of the party with the next highest votes, and with the required constitutional spread of votes in the results of the election.

It disqualified Degi-Eremieoyo as a candidate in the election for submitting forged certificates to INEC, stressing that the deputy-governorship candidate had infected the joint ticket with which he and Lyon ran for and won the election.

This led to the declaration of Senator Douye Diri and Senator Lawrence Ewhrudjakpo of the Peoples Democratic Party (PDP) as the winners of the election and subsequent swearing-in as the governor and deputy governors of Bayelsa State.

The leadership of the APC and Degi-Eremieoyo have separately asked the apex court to review its judgement on the election.

In his reaction, Falana who has disagreed with the APC led government on many issues insisted that the apex court made a mistake.

He stressed that the court lacked the jurisdiction to entertain the matter, saying it should have gone before the Election Petition Tribunal.

Ahead of the review of the judgment by the Supreme Court, the senior advocate was hopeful that the opportunity would further develop and strengthen the country’s laws.

He said, “The election was held on the basis of the judgement of the Court of Appeal which was to the fact that yes! Degi-Eremieoyo changed his name many times, not that he forged any of his certificates; there was no such proof. Therefore, he can contest the election.”

“On the basis of that judgement, the people voted; which means by that judgement, the election was valid and legal.

“As of that date, there was no pending appeal before the Supreme Court whereby INEC could be accused of having violated the doctrines of lis pendens i.e. ‘since you knew a case was in court, why did you hold election? As was the case of Peter Obi and INEC,” he added.

Falana stated that it was after the conclusion of the election that the PDP filed an appeal in the Supreme Court.

He stressed, “With profound respect, the attention of the Supreme Court was not drawn to the legality of that appeal; the case had become spent.”
https://www.google.com/url?q=https://www.channelstv.com/2020/02/22/bayelsa-election-falana-says-supreme-court-is-wrong-lacks-jurisdiction/&sa=U&ved=2ahUKEwjf-Mb6i-bnAhWxzIUKHQhFCm4QFjAAegQIAxAB&usg=AOvVaw3uIm2sDUoY1PNi7hEly6mT

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AaaWhen
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. When did The forgery case start? Answer :Before election. what iare the duties of the Election Tribunal? answer : consideration of grievances arising from the Conduct of the election..Forgery may be concluded ..........However since it is a case of forgery arising from irregularities of name it is a preelection matter. and can be entertained by a federal high court. So forgery is not restricted to the tribunal alone.
Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by Dansuqi: 10:01am On Feb 23, 2020
ejimatic:
. When did The forgery case start? Answer :Before election. what iare the duties of the Election Tribunal? answer : consideration of grievances arising from the Conduct of the election..Forgery may be concluded ..........However since it is a case of forgery arising from irregularities of name it is a preelection matter. and can be entertained by a federal high court. So forgery is not restricted to the tribunal alone.
He is saying that at the conclusion of elections,it must be litigated at the tribunal not a civil court
Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by ejimatic: 10:29am On Feb 23, 2020
Dansuqi:

He is saying that at the conclusion of elections,it must be litigated at the tribunal not a civil court
. Forgery is a criminal act and its conviction affects a person participation and qualification in an election. The case in question started before election and concluded after it .So it is still in order. The federal high court to the supreme court can hear it before or after election. It is not restricted to the tribunal.
Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by Dansuqi: 10:39am On Feb 23, 2020
ejimatic:
. Forgery is a criminal act and its conviction affects a person participation and qualification in an election. The case in question started before election and concluded after it .So it is still in order. The federal high court to the supreme court can hear it before or after election. It is not restricted to the tribunal.
Section 133 places restrictions
Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by Provalker: 10:40am On Feb 23, 2020
mushystuff:
I wonder though whether Falana averted his mind to the fact that after the conclusion of a case there is a right of appeal which must be exercised within a certain timeframe after which the principle of effluxion of time comes into play.

A pre-election matter doesn't suddenly become a post-election matter just because an election has taken place when the appellant party still has a cause of action and has not run out of time to file an appeal. The law does not say that the court of appeal is the court of final judgement rather it is the Supreme court on pre-election issues.

The mere conduct of an election does not override the right of appeal of any party.
Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by ejimatic: 11:07am On Feb 23, 2020
Dansuqi:

Section 133 places restrictions
is forgery in the law apart from section 33 ? Yes! that is why a forgery case can be open in a federal high court at any time.. Adeleke vrs APC supra Adeleke vrs Olagoke supra
Re: Falana Faults Supreme Course Judgment On Bayelsa Polls by Obiobidgbo14: 2:54pm On Feb 23, 2020
Dansuqi:
Bayelsa Election: Falana Says Supreme Court Is Wrong, Lacks Jurisdiction
Adeshola Soyele and Akinola Ajibola
Updated February 22, 2020
961

Mr Femi Falana. Mr Femi Falana may be travelled to the moon when supreme court delivered its Judgment on Imo gubber.He is back to now to fault appex court judgment on bayesa.It is good to be sophisticated.uh




A Senior Advocate of Nigeria, Femi Falana, has reacted to the judgment of the Supreme Court on the governorship election in Bayelsa State.

In an exclusive with Channels Television, he said the apex court made a mistake when it treated a pre-election matter as a post-election case.

“What their Lordships ought to have done was to ask the lawyers, ‘can you address us with respect to our jurisdiction?’

“Because Section 133 of the Electoral Act stipulates that upon the conclusion of an election and once candidates are declared, any challenge of the conduct of the election, of the qualification of the candidates shall be heard and determined by an Election Petition Tribunal,” Falana stated.

On February 13, a five-man panel of the Supreme Court led by Justice Mary Peter-Odili sacked David Lyon and Biobarakuma Degi-Eremieoyo of the All Progressives Congress (APC) as the winners of the November 16, 2019 governorship poll.

The court then ordered the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return issued to the APC candidates and issue fresh certificates to the candidate of the party with the next highest votes, and with the required constitutional spread of votes in the results of the election.

It disqualified Degi-Eremieoyo as a candidate in the election for submitting forged certificates to INEC, stressing that the deputy-governorship candidate had infected the joint ticket with which he and Lyon ran for and won the election.

This led to the declaration of Senator Douye Diri and Senator Lawrence Ewhrudjakpo of the Peoples Democratic Party (PDP) as the winners of the election and subsequent swearing-in as the governor and deputy governors of Bayelsa State.

The leadership of the APC and Degi-Eremieoyo have separately asked the apex court to review its judgement on the election.

In his reaction, Falana who has disagreed with the APC led government on many issues insisted that the apex court made a mistake.

He stressed that the court lacked the jurisdiction to entertain the matter, saying it should have gone before the Election Petition Tribunal.

Ahead of the review of the judgment by the Supreme Court, the senior advocate was hopeful that the opportunity would further develop and strengthen the country’s laws.

He said, “The election was held on the basis of the judgement of the Court of Appeal which was to the fact that yes! Degi-Eremieoyo changed his name many times, not that he forged any of his certificates; there was no such proof. Therefore, he can contest the election.”

“On the basis of that judgement, the people voted; which means by that judgement, the election was valid and legal.

“As of that date, there was no pending appeal before the Supreme Court whereby INEC could be accused of having violated the doctrines of lis pendens i.e. ‘since you knew a case was in court, why did you hold election? As was the case of Peter Obi and INEC,” he added.

Falana stated that it was after the conclusion of the election that the PDP filed an appeal in the Supreme Court.

He stressed, “With profound respect, the attention of the Supreme Court was not drawn to the legality of that appeal; the case had become spent.”
https://www.google.com/url?q=https://www.channelstv.com/2020/02/22/bayelsa-election-falana-says-supreme-court-is-wrong-lacks-jurisdiction/&sa=U&ved=2ahUKEwjf-Mb6i-bnAhWxzIUKHQhFCm4QFjAAegQIAxAB&usg=AOvVaw3uIm2sDUoY1PNi7hEly6mT

Mynd44
Kahal
Ejimatic
Fergie
Obuksbayelsa
Bayelsa owei
Aaa
Meleszenawi
Racoon
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Otuekong
Helinues

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