₦airaland Forum

I disagree Mr lawyer. The only implication is that the legal tussle will start afresh. This means all parties will participate in the election with their respective candidates including APC and the disqualified deputy. By virtue of the judgement, all parties maintain status quo. If APC wins again, then the legal battle to disqualify the deputy starts afresh. QED

chrisblack:
All these half baked lawyer's. Aided by expo all through there university day's

The matter tire me ah swear.
The guy was just repeating one statement over and over again.
If a fresh election is to be conducted in Bayelsa state by this verdict, APC will contest.

fergie001:
Guy, you are too much.....You took it from my hands...

To the extent that it is a pre election issue.if qualification issue can be post election,why not exclusion? By my own understanding, all matters that arose after primaries can be taken to a tribunal

simigold:
I disagree Mr lawyer. The only implication is that the legal tussle will start afresh. This means all parties will participate in the election with their respective candidates including APC and the disqualified deputy. By virtue of the judgement, all parties maintain status quo. If APC wins again, then the legal battle to disqualify the deputy starts afresh. QED

Just allow them to be saying their stories.

garfield1:
To the extent that it is a pre election issue.if qualification issue can be post election,why not exclusion? By my own understanding, all matters that arose after primaries can be taken to a tribunal

ANDP had enough time to go court before the election

AAA593:
ANDP had enough time to go court before the election

Atiku had even more time to go to election to challenge buhari certificate but still chose to go to tribunal

simigold:
I disagree Mr lawyer. The only implication is that the legal tussle will start afresh. This means all parties will participate in the election with their respective candidates including APC and the disqualified deputy. By virtue of the judgement, all parties maintain status quo. If APC wins again, then the legal battle to disqualify the deputy starts afresh. QED

Can you imagine. So same disqualification matter already settled by supreme will go back to supreme court again for hearing. I laff

Dididrumz:
Just allow them to be saying their stories.

That ikenga is a die hard apc hater.he has never hidden his hatred for apc so his views should be discountenanced

PMBNG:
Why APC can’t take part in fresh poll if Bayelsa tribunal verdict is not upturned – Lawyer



Source: https://todaypoliticsng.com/why-apc-cant-take-part-in-fresh-poll-if-bayelsa-tribunal-verdict-is-not-upturned-lawyer/

People are just talking rubish....

Who in the world both legal and oomin sence would but praise the dissenting voice of this one man.... tribunal Chairman affirms Gov Diri’s election, disagrees with majority judgement

Chairman of the Bayelsa State Governorship Election Petition Tribunal, Justice Ibrahim Sirajo, has distanced himself from majority judgement of the tribunal that nullified the election of Governor Duoye Diri.

Justice Sirajo, who delivered a dissenting judgement shortly after two other Justices on the three-member panel tribunal ordered the Independent National Electoral Commission, INEC, to within 90 days, conduct a fresh poll in Bayelsa State, affirmed governor Diri’s election.

The two other members of the panel, Justices Owei Woniwei and Yunusa Musa had in their decisions, voided the outcome of the election that held in the state on The Judge stressed that since the disqualified candidate did not meet the constitutional requirement, he was therefore not a valid candidate that could claim right of exclusion.

ANDP had in a petition it lodged before the tribunal, contended that it was unlawfully excluded from participating in the election by the Independent National Electoral Commission, INEC, despite the fact that it fulfilled all the statutory requirements.

Justices Owei Woniwei and Yunusa Musa, in their majority judgement, agreed that INEC illegally excluded ANDP and its governorship candidate, King George, from the election.

However, disagreeing with the verdict, the tribunal Chairman, Justice Sirajo, said there was evidence that ANDP was disqualified from the election for fielding an ineligible candidate.

He noted that the party nominated an underaged deputy governorship candidate, who admitted that he was 34 years old, instead of the 35 years age bracket the Constitution stipulated.

Justice Sirajo said there was evidence that the party failed to substitute the candidate till the statutory window for such substitution elapsed.

He noted that Exhibit P8 before the tribunal was a letter that INEC wrote to the party on September 21, 2019, wherein it notified ANDP that the period for substitution of candidates had expired.

According to the Justice Sirajo, what the petitioners brought before the tribunal was a pre-election case since INEC’s decision that disqualified its candidates occurred before the actual election held on November 16, 2019.

He held that under section 285(9) of the 1999 Constitution, as amended, the party, ought to have within 14 days after it got the notification from INEC, gone to a Federal High Court to challenge it.

The tribunal chairman held that failure of the party to do so made its petition against governor Diri’s election, statute-barred.

Besides, Justice Sirajo held that section 138(1) (d) of the Electoral Act provided grounds upon which an election could be challenged at the tribunal, vis-a-vis section 285(14) of the Constitution which defined disqualification of the candidate by INEC as a pre-election matter.

He held that since the Constitution is superior to the Electoral Act, it takes preeminence.

He held that the disqualification of ANDP by INEC was not unconstitutional because it nominated an underaged candidate.

The Judge stressed that since the disqualified candidate did not meet the constitutional requirement, he was therefore not a valid candidate that could claim right of exclusion.

He held that a political party must have a valid nomination before the issue of exclusion could arise.

Consequently, Justice Sirajo dismissed the petition as lacking in merit, even as he upheld the election of governor Diri of the Peoples Democratic Party, PDP.

AAA593:
Can you imagine. So same disqualification matter already settled by supreme will go back to supreme court again for hearing. I laff

Yes it is the beauty and flexibility of the law

garfield1:
Yes it is the beauty and flexibility of the law

Good night sir

AAA593:
Good night sir

Good you called me sir.high time you stop arguing with me and listen to me.very very necessary

garfield1:
To the extent that it is a pre election issue.if qualification issue can be post election,why not exclusion? By my own understanding, all matters that arose after primaries can be taken to a tribunal

It became post- when he brought it up at the tribunal.

There is really no activity after the Primaries excepting issues of invalid nomination.

garfield1:
That ikenga is a die hard apc hater.he has never hidden his hatred for apc so his views should be discountenanced

Are you not a die-hard PDP hater excepting in your State?

chrisblack:
All these half baked lawyer's. Aided by expo all through there university day's

Mr Pot

Many fools on Nairaland who know nothing when it comes to legal matters have been vomiting trash since morning, jumping up and down like mad orangutans with the thinking that ApC has a chance to win Bayelsa guber election

chrisblack:
All these half baked lawyer's. Aided by expo all through there university day's

Bro I just can’t help but laugh jare

Lawyer wey wan chop lol

ionsman:
Okay... In 1999, the election of Muazu was set aside by the tribunal and the appeal court because his deputy governor presented forged certs. A new election was conducted and Muazu participated alongside a new deputy governorship candidate and he won. What’s the difference between then and now?

I wonder why Mary Odili and her colleagues didn't check for this precedent before the judgement...

fergie001:
It became post- when he brought it up at the tribunal.

There is really no activity after the Primaries excepting issues of invalid nomination.

My brother,we had similar arguments in edo and in this bayelsa and it went my way.why not leave this one na? Disqualification issues arises before exclusion issues therefore both becomes post election matters.this is pure commonsense.with the dynamics and settings of how electioneering process go,it simply implies that any matter after primaries is tribunal matter.what is so hard to understand

I thought supreme court verdict remains final. Then why is this coming up. afterall, IHEDIOHA GET HOPE.

The tribunal thoroughly erred.
A similar case had been taken to the Court by APP..that they were excluded. INEC argued that the time had elapsed for substitution of names and that was why they excluded the party.
Justice Ojukwu of the FHC, Abuja upheld INEC's position that the APP did not meet the stipulated conditions of INEC. (FEB 21, 2020)
APP appealed the judgement.and the Appeal Court dismissed the case in favour of INEC. Guess who led the panel?
Justice Monica Dongban-Mensem.
https://www.google.com/amp/s/punchng.com/appeal-court-dismisses-suits-seeking-to-nullify-bayelsa-kogi-gov-elections/%3famp=1

garfield1:
My brother,we had similar arguments in edo and in this bayelsa and it went my way.why not leave this one na? Disqualification issues arises before exclusion issues therefore both becomes post election matters.this is pure commonsense.with the dynamics and settings of how electioneering process go,it simply implies that any matter after primaries is tribunal matter.what is so hard to understand

Tell Justice Sirajo that.....

ionsman:
Okay... In 1999, the election of Muazu was set aside by the tribunal and the appeal court because his deputy governor presented forged certs. A new election was conducted and Muazu participated alongside a new deputy governorship candidate and he won. What’s the difference between then and now?

Go and read amended Electoral Act

fergie001:
Tell Justice Sirajo that.....

So his views now supersede that of the other two? Let me repeat,diri would be removed one way or the other.he cannot escape this five cases,one will hook him

Amitez:
Go and read amended Electoral Act

It is silent on what to do

garfield1:
So his views now supersede that of the other two? Let me repeat,diri would be removed one way or the other.he cannot escape this five cases,one will hook him

Its no news to some of us, especially coming from you.

seunmsg:
Can you explain the basis upon which the chairman of the tribunal based his minority judgement on?

How can someone who was disqualified by inec, who was not even eligible to context, go to tribunal and they still went ahead and entertained his case, it was the court that was supposed to entertain such case and not tribunal because it has nothing to do with the election, his disqualified was based on the age of his deputy and it has to do with the constitution.

ionsman:
Okay... In 1999, the election of Muazu was set aside by the tribunal and the appeal court because his deputy governor presented forged certs. A new election was conducted and Muazu participated alongside a new deputy governorship candidate and he won. What’s the difference between then and now?

He was disqualified before the election so it has nothing to do with the election. and in the case of the apc governor he was disqualified by the Supreme Court and that is the highest court in the land.

fergie001:
Its no news to some of us, especially coming from you.

Since the tribunal removed him as I predicted,take a backseat

babajero:
He was disqualified before the election so it has nothing to do with the election. and in the case of the apc governor he was disqualified by the Supreme Court and that is the highest court in the land.

He was not disqualified before the election.

Amitez:
Go and read amended Electoral Act

What does the amended electoral act tell you? You seem to know everything in it’s entirety.

NEVER HAVE I SEEN A JUDICIAL SYSTEM SO TWISTED LIKE THAT OF NIGERIA. FROM IMO TO BAYELSA.