₦airaland Forum

helinues:


Apc are really funny... What's all this?

kahal29:
To learn

helinues:
Would you wish same thing in Imo state?

helinues:
Would you wish same thing in Imo state?

Cyberterror:
Imo situation is different. The cases are closed. Both pre and post election cases.

kahal29:
That's the point. No room for further argument but in this case there is still room for legal arguments.

kahal29:
*Upholds SDP’s Akpoti’s candidature in Kogi

Justice Folashade Ogunbiyi-Giwa of the Federal High Court, Abuja, yesterday held that the Independent National Electoral Commission (INEC) was wrong to have excluded the candidate of the Social Democratic Party (SDP) in the November 16 governorship election in Kogi State.

Governorship candidate of the SDP, Natasha Akpoti, his Deputy, Adams Khalid and their party, SDP had dragged the electoral body before the Abuja Division of the Federal High Court to challenge their exclusion from the November 16 governorship election in Kogi State.

The commission had in a letter through its chairman, Professor Mahmoud Yakubu, written the SDP to inform the party that it has no lawful candidate in the forthcoming governorship poll in Kogi State.

In the letter, the electoral umpire claimed that its decision to exclude the SDP from the Kogi governorship poll was hinged on the non- qualification of its earlier deputy governor-nominee, Mohammed Yakubu, who was said to be under 35 years.

The commission also declined to accept Yakubu’s substitution by the SDP on the grounds that Yakubu’s nomination was invalid.

[[b]color=#550000]Delivering judgment in the suit, Justice Ogunbanjo-Giwa, held that INEC had no power to disqualify any candidate for an election as it is the exclusive reserve of a competent court of law.[/color]

According to the judge, the provisions of sections 31(1) and 83 of the Electoral Act, which holds that INEC cannot disqualify or reject candidate nominated by a political party for an election as well as refuse to affix the logo of a party contesting election, was aimed at ensuring that it does not lie within the executive realms of INEC to determine who participates in an election, adding that the intention of the law is to make INEC a truly unbiased umpire.

The judge held that Section 31 (1) of the Electoral Act specifically stated that INEC shall not for any reason whatsoever disqualify any candidate sponsored by a political party for an election.

She further held that Paragraph 15 of the Third Schedule of the 1999 Constitution, which defines the powers of the commission, did not include determining the validity or qualification of candidate submitted to it by a political party even if the candidate is not qualified.

The judge said at best the commission being a legal entity could have approached a court of law to disqualify such candidate deemed not qualified to contest an election.

“The defendant cannot arrogate to himself the powers of the court or constitute himself as a quasi- court to disqualify candidate.”

Justice Ogunbanjo-Giwa, while noting that the grounds on which a candidate can be substituted in an election is either as a result of death or voluntary withdrawal, held that the defendant did not show anything before the court to the extent that Yakubu’s withdrawal was not made voluntarily.[/b]

She also held that both the nomination and substitution of candidate by the SDP in the Kogi governorship election slated for November 16 were done within the time frame as required by INEC guidelines for the election.

According to her, the SDP submitted its list of nominated candidates on September 6, three days to the September 9 deadlines for submission and made its substitution on September 20, three days to the deadline for substitution.

While aligning with the position of the plaintiffs that INEC had no power to disqualify them for the election or even reject the substitution, Justice Ogunbanjo-Giwa said: “It is worrisome that INEC took all these decisions on its own.

“All the cases cited by the defendants were decision of court not the administrative decision of INEC.”

The judge accordingly granted reliefs 1-7 of the plaintiffs and ordered INEC to include the names of the governorship and deputy governorship candidate of the SDP as well as the party’s logo on the ballot in the November 16 governorship poll in Kogi State.

The plaintiffs had approached the court to challenge their exclusion from the 2019 Kogi State governorship election by the Independent National Electoral Commission (INEC).

The commission had refused to accept the candidature of Khalid in replacement of the earlier nominated deputy governor, Mohammed Yakubu, on the grounds that Yakubu was not qualified in the first place to be fielded as a deputy governorship candidate in the election on account of his age.

But the plaintiffs in the suit marked FHC/ABJ/CS/1129/201and filed on October 3 by their lawyer, Mr. Ola Olanipekun (SAN), prayed the court to declare that INEC’s declaration vide a letter with reference number: LEG/PP/23/T/107 that the nomination of Mohammed Yakubu as the Deputy Governor of the SDP in the November 16 gubernatorial election is invalid on the grounds of qualification is ultra vires the statutory powers of INEC and it is therefore null and void.

The plaintiffs in addition prayed the court to declare that the refusal of INEC to recognize Yakubu as substituted deputy governorship candidate of the SDP in the November 16 gubernatorial election in Kogi State is unlawful and unconstitutional ab initio.

https://www.thisdaylive.com/index.php/2019/11/08/inec-cant-disqualify-candidates-says-court/amp/

kahal29:
Based on this judgment I think the majority judgement of the Bayelsa verdict is in order for two reasons...

1. INEC does not have power to disqualify candidates nor the determine validity of a candidate.

2. When they actually disqualify then it can be challenged at a regular Court or the tribunal. Challenging it at the tribunal is based on section 138 (d) of the electoral act.

kahal29:
That's the point. No room for further argument but in this case there is still room for legal arguments.

Esseite:
This was Substituted within the time frame.. the APP party in Bayelsa was well beyond the deadline for substitution... the case has gone to a previous high court, which threw it out, the appeal court would most likely do same..

Esseite:
This was Substituted within the time frame.. the APP party in Bayelsa was well beyond the deadline for substitution... the case has gone to a previous high court, which threw it out, the appeal court would most likely do same..

AAA593:
Go and read the tribunal chairman's judgement and you'll know that ANDP submitted it out of time

ORIENTATION101:
the point is only the court can remove a candidate our political party whether they didnt meet up with the requirements or not.
It was the court that stop APC from participating in Rivers not inec.

ORIENTATION101:
the point is only the court can remove a candidate our political party whether they didnt meet up with the requirements or not.
It was the court that stop APC from participating in Rivers not inec.

Appeal Court dismisses suits seeking to nullify Bayelsa, Kogi gov elections

The Court of Appeal in Abuja has dismissed the case brought by the Action Peoples Party challenging the propriety of the last governorship elections held in Bayelsa and Kogi states.

The court dismissed the case shortly before hearing the applications by interested parties, who sought to be made parties in the case.

The parties who sought to be joined include the Bayelsa State Governor, Douye Diri; his deputy, Lawrence Ewhrudjakpo; their party, the Peoples Democratic Party; the Kogi State Governor, Yahaya Bello and his party, the All Progressives Congress.

The applicants, who sought to be made parties in the appeal by the APP are the current beneficiaries of the elections, who would have been affected by the outcome of the case.

The APP had dragged the Independent National Electoral Commission before the Federal High Court, Abuja, querying the exclusion of its candidates.

In the suit marked: FHC/ABJ/CS/1163/2019, the party claimed that INEC prevented it from replacing its candidates earlier disqualified by the electoral umpire.

It particularly prayed the court to among others, declare that any subsequent conduct of the 2019 Kogi and Bayelsa states’ governorship election without the replaced candidates of the plaintiff, is null and void by reason of such exclusion.

The Abuja FHC gave its judgment against the APP, and proceeded to uphold the decision by INEC to reject the candidates’ replacement list submitted to it by the party on the grounds that the list was brought outside the stipulated time.

Justice Ijeoma Ojukwu, in the judgment delivered on February 21, 2020, maintained that INEC was right to have excluded candidates of the party (APP) from participating in the governorship election in Kogi and Bayelsa states in 2019.

Ojukwu was of the view that the APP replaced its withdrawn candidates outside the statutory period of 45 days to the date of the 2019 Kogi and Bayelsa states’ governorship election.

Disputing the Abuja FHC ruling, the APP appealed to the Court of Appeal, Abuja.

The appeal was however dismissed in a ruling by a three-member panel led by the Acting President of the court, Justice Monica Dongban-Mensem.

The court had scheduled hearing for Thursday on all pending applications and the substantive appeal.

Shortly after the appeal was called and lawyers to parties announced their appearances, the appellant’s lawyer, Obed Agwu, announced his intention to withdraw the appeal.

Agwu said, “The appellant is desirous to withdraw the appeal against the respondent.

“We have filed a notice of withdrawal of the appeal, in accordance with Order 11, Rule 1 of Court of Appeal Rules, 2016.

“The said notice of withdrawal is dated and filed on April 14, 2020.”

Counsel to INEC, Alhassan Umar, SAN, said he was served with the said notice of withdrawal in the court, adding that his client ‎will be asking for a cost of N3m.

Justice Dongban-Mensem relied on Order 11 Rule 5 of the Court of Appeal Rules to dismiss the appeal.

However, Dongban-Mensem rejected the respondents’ prayer for cost against the appellant.

AAA593:
Go and read the tribunal chairman's judgement and you'll know that ANDP submitted it out of time

kcnwaigbo:
It was also the court that disqualified the APC in the Bayelsa elections

Esseite:
Then they just did their part and passed the bulk to the Appeal, which most likely would throw it out like the FHC did on same ground in reference to INEC guidelines..

SUPERPACK:
Why give a referee a whistle and still stop him from using it? Why not allow the judiciary to conduct the elections, appoint the governors and other functionaries since the votes don't count anymore. I hate unnecessary waste of resource.

SUPERPACK:
Why give a referee a whistle and still stop him from using it? Why not allow the judiciary to conduct the elections, appoint the governors and other functionaries since the votes don't count anymore. I hate unnecessary waste of resource.

fergie001:
https://www.google.com/amp/s/punchng.com/appeal-court-dismisses-suits-seeking-to-nullify-bayelsa-kogi-gov-elections/%3famp=1

kahal29.....I like this thread: for learning purposes
This is February this year....One of my good friends up there will say this is more recent and more concurrent