The Law is clear and the INEC CHAIRMAN or any other person making the argument are wrong to say that electronic transmission of results is not in the Electoral Act. Since it is provided for in the INEC GUIDELINES, made pursuant to the Electoral Act, which has force of law, any action taken contrary to same is void.

Hence, since the use of BVAS is contained in the INEC GUIDELINES made pursuant to the Electoral Act, it ought to have been complied with and failure to have complied with it ought to have consequences.

It was stated thus in ACTION ALLIANCE & ORS V. INEC (2019) LPELR-49364(CA), The law has firmly been settled beyond any peradventure that the guidelines issued by INEC are subsidiary legislation made pursuant to Section 153 of the principal Act, Electoral Act, 2010 (as amended) and therefore binding. In the circumstances Exhibits INEC 1 and INEC 2, have the force of law. The Appellants were therefore obliged to comply with the mandatory directives in the time table set out in Exhibit INEC 1. In NDP V INEC NWLR (PT 1319) 176 at 196, it was held that: "The time table is a guideline with the force of law. This is because any action taken outside the published time table is fatal to the Political party involved. The activities and the time schedule set out in the time table are not directory." "See also FALEKE VS. INEC (2016) 18 NWLR (part 1543) 61 at 157; SHINKAFI VS. YARI (2016) 7 NWLR (part 1511) 340; CPC V INEC (2011) 18 NWLR (part 1279) 493 AT 542; AGBALLAH V. CHIME (2009) 1 NWLR (part 1122) 373 at 459; KUBOR VS DICKSON (2013) 4 NWLR (part 1345) AT pp 574- 575 and P.P.A VS INEC (2010) 12 NWLR (part 1207) 70 at pp 105-107." Per TINUADE AKOMOLAFE-WILSON, JCA (Pp 36 - 37 Paras C - E)

Davidson DURU Esq.

Having been in the know that he supported Deborah's killing. I take a bow.

A Latin adage says::: NEMO DAT QUOD NON HABEAT....
Which means::::YOU CAN'T GIVE WHAT YOU DON'T HAVE.

How on earth do we expect anything good from this government. We can't wait for February, 2023, in OBI/YUSUF, we will reclaim our nation.

I am privileged of working on these kind of issues. They will go and forge Nomination of interest documents, back date the documents, forge results sheets and back date all letters, even bribe the Primaries election committee members. This country is sad.

You know it's funny how we play down these things as just normal. Nothing just happens truly, I will however not force anyone to believe. But you see these things happening these days, there is more to it.

The 20th of October, 2021, marked the first anniversary of the #ENDSARS protest. What was done to the victims of the protest in this period.

Following the #ENDSARS protests that rocked most parts of Nigeria in 2020, which was against human rights violations by the dissolved Special Anti-Robbery Squad and other police units, the National Economic Council directed states to set up judicial panels of inquiry to investigate the complaints, with a view to delivering justice for all victims of police brutality.

The reports were to be submitted to the Federal Government that gave the directive to states and the recommendations therein to be effected by the Federal Government including payment of compensation.


One of the duties of the panel is to pay compensation to any victim who may have suffered any harm. Reportedly, Lagos state has, so far, paid out over N400 Million in compensation to the victims.

The above begs for the following answers. Do states have the power to set up these panels of inquiry? Do the panels have the power to award compensation to the victims? Are there conflicts between the powers of these panels of inquiry and the regular court?

The setting up of panels of inquiry are not items on the exclusive or concurrent list as contained in the constitution. The setting up of the panels of inquiry is residual matter within the exclusive legislative competence of state governments which is covered by the various Tribunal of Inquiry Laws of different states which is an existing law saved by section 315 of the 1999 Constitution of the Federal Republic of Nigeria (CFRN).

In WILLIAMS V DAWODU (1988) 4 NWLR 189 CA, the court held that the provisions of the Tribunal of Inquiry Laws of Lagos State promulgated on 4th December, 1968 qualifies as an existing law under section 274 of the 1979 Constitution which is in pari material with section 315 of the 1999 CFRN as amended.


However, while the Tribunal of Inquiry law may be saved by section 6 (6) (d) of the constitution, by the provisions of Section 315 (3) of the 1999 CFRN, the powers of the court to declare invalid any provision of an existing law or the constitution is unaffected by the provisions of section 6 (6) (d).

What the above presupposes is that despite the powers of the Tribunals of Inquiry, they are still subject to the overriding powers of the courts. In WILLIAMS V DAWODU (SUPRA), the court went further to hold that by virtue of the provisions of Section 14 (2) of the Tribunal of Inquiry Law of Lagos State which purports to upgrade the recommendation or decision of a tribunal of inquiry to that of a High Court Judge, it is contrary to the judicial powers vested in the courts by section 6 of the CFRN.

Worthy of note also is that a Tribunal of Inquiry is limited to the terms of reference. Hence, nothing can be done by them outside the scope of what they have been mandated to do. Therefore, where from the terms of reference, it is obvious that the recommendation of a tribunal of inquiry set up by the government is bound to affect one way or another, a civil action instituted by a citizen, that citizen has sufficient interest to initiate an action questioning the constitutionality of the Tribunal. WILLIAMS V DAWODU (SUPRA).

As most Tribunals of Inquiry set up by various states of the federation begin to wrap up their assignment, it is pertinent that at the end of the day, they act within their scope of authority, so that their recommendations will not fall outside the ambit of their powers. The Tribunals should also not do any act which will usurp the powers of the courts. The victims of the #EndSars protest must be seen to be adequately compensated in line with the provisions of the law.

Davidson Duru Esq.

https://legalspectacle.com/tribunals-of-inquiry-jurisdiction-powers-and-limitations/

Lionel Messi.. You forgot how Liverpool brought you to your knees. The likes of Inter Milan and Man Utd ahead of Liverpool, the Parc de Princes is having a negative affect on messi's mind.

What is a Pre-Election Matter? Section 285(14) of the Constitution of Nigeria, 1999 as amended by the Fourth Alteration Act, No: 21 of 2017, clearly defines a “Pre-Election Matter” thus: “For the purpose of this section, ‘Pre-Election Matter’ means any suit by; (a) An aspirant who complains that any of the provisions of the Electoral Act or any of the National Assembly regulating the conduct of primaries of political parties and the provisions of the guidelines of a political party for the conduct of party in respect of the selection or nomination of candidates for an election; (b) An aspirant challenging the actions, decisions or activities of the Independent National Electoral Commission in respect of his participation in an election or who complains that the provisions of the Electoral Act or any Act of the National Assembly regulating elections in Nigeria has not been complied with by the Independent National Electoral Commission in respect of the selection or nomination of candidates and participation in an election; and (c) A political party challenging the actions, decisions or activities of the Independent National Electoral Commission disqualifying its candidate from participating in an election, or a complaint that the provisions of the Electoral Act or any other applicable law has not been complied with by the Independent National Electoral Commission in respect of the nomination of candidates of political parties for an election, time table for an election, registration of voters and other activities of the commission in respect of preparation for an election” In the case of INEC & ANOR vs. ETENE (2013) LPELR-22108 the Court of Appeal had this to say on the subject: “In everyday terms, pre-election matters are complaints in respect of issues which arise before and therefore precede the holding or conduct of an election. Post-election matters on their part are matters which arise from or relate directly to the actual conduct of an election about which candidates and political parties who contested the election are dissatisfied with on any of the cognizable grounds stipulated in the Electoral Act.” In yet another decision of the Court of Appeal in the case of TUKUR IBRAHIM Vs. ALHAJI YAHAYA ISHAQ UMAR & ANOR (2013) LPELR- 22805, per BDLIYA, JCA, the Court had the following to say on the subject: “In the Electoral process parlance, what is meant by ‘pre-election’ matter(s)? In the case of ADEOGUN vs. FASHOGBON (2008) 17 NWLR (PT. 1115) 149 AT 181, the dictionary meaning of the word: ‘pre’ is ‘before’ and when used as a prefix to the noun ‘election’, it therefore means before the election. In other words, pre-election matter means actions, conducts or any event taking place or occurring before the election”.


In other words, “Pre-Election Matters”, simply refer to matters, events or occurrences, which take place before the conduct of Elections. I think it would be apt to say that the word: ‘election’ means the process of choosing by popular votes the, a candidate for political office in a democratic government. It goes without saying therefore that any preparation or process embarked upon by a political party in preparation for an election can as well be regarded as: ‘Pre-Election’ or prior to the election or before the election as opposed to post-election, which would obviously relate to any exercise or process done after the election. The process or exercise embarked upon by a political party such as congress, nomination exercise, et cetera are all pre-election matters or exercise?


Against the backdrop of the foregoing, what seem to be consistent and stands out in all of these definitions of the expression: “Pre-Election Matter” both from the stand point of Section 285(14) of the Constitution of Nigeria, 1999 as amended by the Fourth Alteration Act, No: 21 of 2017 and the numerous pronouncements made on the subject by the Court of Appeal and the apex Court and is that the primaries or congresses, which must be subject of complaint, to qualify to be christened a pre-election matter must have been one embarked upon by the given political party in preparation for an election and in such a manner that the said congresses or primaries must have led to the nomination of candidates for an election that is yet to hold.

Davidson Duru Esq.

https://legalspectacle.com/what-amounts-to-pre-election-matter-instance-where-an-action-will-qualify-as-a-pre-election-matter/

mazzam11:
Guys please help. If I am already working and I have ippis number already what will happen?

It means you will not be paid. IPPIS was designed to check among others, those receiving multiple salaries from FG. So it means you are under the payroll of FG,

Hurray ���
Today the 22nd of August is the birthday of Pastor Jerry Eze,
The convener of NSPPD,
An astute lover of God,
Happy birthday sir.
You are a wonder and fire brand role model to this generation.
We celebrate you sir.
We love you sir.
What God cannot do does not exist �

Pastor Jerry Eze wrote on his Facebook page:

"HAPPY BIRTHDAY TO ME ���

Jesus, You have my FULL YES like never before!!!

Jesus, I dedicate this Journey of Another 365 Days to say - YOU HAVE MY WILL, MY FOCUS , MY PASSION and MY HUNGER like never before !!!

You have Outdone Yourself in my Life; again I pour out my life as a libation unto You My Lord!!!

I am all Yours Lord; I remain all Yours Lord!!!

My Seatbelt is deeply tightened; SPEED OF THE HOLYGHOST FULLY ACTIVATED….JOURNEY OF THE NEXT DIMENSION OF THE SUPERNATURAL ALREADY ON CRUISE COURSE…Yes Lord!!!

HAPPY BIRTHDAY TO ABBA’s LOVE CHILD!
HAPPY BIRTHDAY TO ME!!!"

Disputes or Conflicts are inevitable and are bound to occur among humans. Disputes may arise in our day to day dealings or activities with others, out of business transactions or contracts, where there is an infringement of ones rights by another or where an offence has been committed against another. One important step to take when a Dispute arises apart from identifying the parties to the dispute is to know all the dispute resolution options available to the parties. Basically there are two dispute resolution options available to disputants; Litigation (settlement in court) and ADR (settlement out of court).


ADR which means Alternative Dispute Resolution has evolved overtime as a modern means of resolving disputes. It is a non adversarial form of dispute resolution out of court with a neutral third party. Disputes may be resolved through the different ADR mechanisms such as; Negotiation, Mediation, Conciliation, Arbitration, Early Neutral Evaluation, Med-Arb, etc. Litigation on the other hand is an adversarial form of dispute resolution through a court with a presiding Judge or Jury.


Having distinguished ADR from litigation one may ask if Alternative Dispute Resolution has advantages over litigation and if so what these advantages are. Some of the advantages of ADR over Litigation are;


Less Formality:
ADR is less formal in that the parties are at liberty to choose a mediator, conciliator or an arbitrator depending on the ADR mechanism being used while Litigation is formal as the parties have no right to choose the presiding Judge. This means that parties are free to select a neutral third party of their choice to help in the amicable resolution of their dispute in ADR but in Litigation the opposite is the case as parties cannot choose a Judge to preside over their case.


Flexibility:
ADR is flexible as parties have a right to choose the venue of the dispute resolution and the neutral third party. It allows the parties to work together with the neutral third party in order to resolve the dispute and arrive at a mutually acceptable resolution. Litigation is rigid and there is no choice of venue because there is only one venue for settlement which is the Court.


Speedy and Less expensive:
ADR is usually faster and less expensive. It offers the benefits of getting the issues resolved quicker than it would if taken to court and that means less fees incurred by all parties, however, litigation on the other hand is expensive. It is slow and takes years to have a case heard by a Judge and where there is an Appeal, it can last months or years before Judgement.


Party Participation:
ADR is party oriented and more likely to preserve the relationship of the parties and not escalate the conflict. It permits more participation by the parties and allows the parties the opportunity to tell their side of the story thereby having more control over the outcome than normal Litigation trials controlled by the Counsel and presided over by a Judge.


Confidentiality:
ADR proceedings are private unlike Litigation which is open to the public. The parties can agree that information disclosed during ADR hearings cannot be used later even if attempt to settle through ADR fails and litigation ensues. The final outcome can also be made private if the parties so decide. On the other hand, litigation proceedings are open to the public and the press hence, no form of privacy for the parties.


The above as reiterated earlier are some of the pros of choosing ADR over Litigation in modern times.


In conclusion, although ADR is preferable to litigation in modern times for easy and quick resolution of disputes, there are certain cases that cannot be resolved by any means of ADR such as criminal offences hence, litigation becomes the only legal option in such instance. It is necessary for parties to always be aware of options available to them in order to choose an option that is best suited for the successful resolution of their dispute. Regardless of the advantages which ADR has over Litigation, the circumstances of each case needs to be weighed and carefully analysed in order to determine the dispute resolution option to be adopted.

BY V.C.UCHECHUKWUGAEMEZU ATULOMAH ESQ.

https://legalspectacle.com/adr-vs-litigation-the-pros-of-choosing-adr-over-litigation-in-modern-times/

White Money and his gang were making her market sell. This is called "my good customer"

On the 4th day of August, 2021 the Athletics Federation of Nigeria (AFN) received a letter from third largest sportswear manufacturing Company, PUMA, terminating its agreement with Nigeria for breaching terms to an agreement they had signed in 2019.

What is a Sponsorship and Licensing Agreement and why is same usually entered into?

Read up

https://legalspectacle.com/sports-sponsorship-and-licensing-pumas-botched-deal-with-nigeria/

How will DCP Abba Kyari be disciplined in lite of his indictment by the FBI and a warrant of arrest issued by a US District Court. Is it possible for Kyari, a serving Police officer in Nigeria, to be automatically arrested on the orders of the US District Judge and flown to the US immediately. What will be involved in the process of his arrest (if it will happen) and his possible extradition to the US.

Read up.

https://legalspectacle.com/disciplinary-measures-on-officers-of-the-nigerian-police-force/

Sancho have never replicated his Borussia Dortmund form when putting on the England colours. A player that failed to get minutes in the Euros for England with the likes of Saka preferred to him.

He is so good in Germany. Will he replicate that form in England. Fingers crossed �

.

Omo see international stadium. Aba no fine but stadium fine

What is happening in this country. The war ha started. Let us divide, how fulani will kill and no one will complain, but when they are killed, people talk trash. Make them gerrout

The headquarters of the Nigerian Police in Imo State, where the state armoury is located, where the mobile police are, attacked and no fight back. Please we need to get to the root of these incident.

The story no make sense to my ear.

Jesus I love you, all I have is yours, yours I am and yours I want to be, do with me whatever you will.

We adore Thee, O Christ, and we praise Thee.
Because by Thy holy Cross, you have redeemed the world.

Jesu m. A hụrụ gị n'anya karịsịa ìhè niile, e ji m obi m niile chegharịa na mmeghie m meghiere gị, e kwela ka m kewapụ onwe m n'ebe ị nọ, mee ka m na-afụ gị n'anya mgbe ọ bụla. Bịa were m mee ihe masịrị gị.

There are two things involved.
1. Tonto was appointed ambassador and she posted it on social media and then came the backlash from the Christian community which made the Pilgrims Commission to deny appointing her.
2. She was never appointed but due to her loud mouth and to impress Bobrisky, she announced her appearance.

But either ways, the Christian pilgrims commission is just another body used to embezzle money. I don't know their relevance. If truly they are Christians in truth and spirit, their visit to the Holy lands should be felt and not seen. The way people lobby to go for pilgrimage make me wonder.

By Davidson Duru Esq

Nigerians woke up on Wednesday, January 27, 2021 to news that the Nigeria Police Force had sacked an unmarried female corporal, Olajide Omolola, for getting pregnant. This information is contained in a police wireless message with reference number CJ:4161/EKS/IY/Vol.2/236, DTO:181330/01/2021
The signal originated from the Department of Finance and Administration in Ado Ekiti and was addressed to the Divisional Police Officer at Iye Ekiti where Omolola is based.

It was stated that Omolola completed police training on April 24, 2020 and was attached to Iye Ekiti. The Chief Financial Officer in Ekiti was asked to relay the information of her dismissal to the Integrated Personnel and Payroll Information System to ensure that payment of her salary seizes.

“She stands dismissed from the Force. De-kit her. Retrieve police documents in her possession with immediate effect. O/C CFO Ekiti only. You are to relay signal to IPPIS Abuja for the stoppage of her salary with immediate effect.
“DECOMPOLS (deputy commissioners of police)/ACPOLS (assistant commissioners of police)/HODs/DPOs Ekiti State only. You are to lecture women police. Treat as very urgent.”

What is the position of the law on the Above subject matter?

Section 46 of the repealed Police Act on the powers to make regulations for the Police read thus;


“The President may make regulations on the recommendation of – (a) the Nigeria Police Council with respect to the policy, organization and administration of the Force, including establishments and financial matters, other than pensions within the meaning of the Pensions Act.”


The above authority led to the enactment of the Nigerian Police Regulation, a subsidiary legislation.


The efficiency of a subsidiary legislation was pronounced on in OMATSEYE v. FRN, BEST NJOKU V CHIEF MIKE IHEANATU (2008) LPELR – 3871 (CA) thus:


“A subsidiary legislation or enactment is one that was subsequently made or enacted under and pursuant to the power conferred by the principal legislation or enactment. It derives its force or efficacy from the principal legislation to which it is therefore secondary and complimentary.” It is trite that subsidiary legislation generally has the force of law, (Note Section 18 (1) of the Interpretation Act,) and it derives its authority from the substantive legislation.” Per YARGATA BYENCHIT NIMPAR, JCA (Pp 19 – 20 Paras E – B)


Section 127 of the Nigerian Police Regulation under the repealed Police Act reads thus;


“An unmarried woman police officer who becomes pregnant shall be discharged from the Force, and shall not be re-enlisted except with the approval of the Inspector-General.”
The old police Act, Police Act CAPB P19 LFN 2004, stands repealed by section 139 of the Police Act, 2020.


Now, does the repeal of an Act render any subsidiary legislation made pursuant to it, void? In this case, does the repeal of the old Police Act void the Nigerian Police Regulation?


To answer this, we need to look at Section 4 of the Interpretation Act which provides thus;

(2) Where an enactment is repealed and another enactment is substituted for it, then-

(a) the repealed enactment shall remain in force until the substituted enactment comes into force;

(b) any reference to the repealed enactment shall, after the substituted enactment comes into force, be construed as a reference to the substituted enactment;

(c) any subsidiary instrument in force by virtue of the repealed enactment shall, so far as the instrument is not inconsistent with the substituted enactment, continue in force as if made in pursuance of the substituted enactment.

It can be seen that the repeal of an Act does not affect any subsidiary legislation made pursuant to it, however the said Subsidiary legislation of the old Act must not be inconsistent with the New Act.

Section 135 of the Police Act 2020 (The new and current police Act) reads thus;

“The Police Force or other persons shall not, in the furtherance of its functions under this Act, regulations or Standing Orders made under this Act discriminate against any person on the basis of gender as provided under section 42 of the Constitution of the Federal Republic of Nigeria, 1999”

Given the above, it is evident that the Police Regulation (subsidiary of the old police Act) is inconsistent with the new police Act and as such is voided along with whatever archaic and prejudicial provision it contains.

There is no rational justification for the imposition of these discriminatory provisions, since they do not in any manner promote the efficiency or discipline of the female police officer or the police force. Women occupy very senior roles in the Police and have shown themselves to be just as competent and disciplined as their male counterparts. Since a male police officer is not subjected to the same inhibitions, the regulations are inconsistent with the New Police Act, 2020, section 42 of the Constitution and Article 2 of the African Charter on Human and Peoples’ Rights which have prohibited discrimination on the basis of sex and thus, the regulation as well as the action should be done away with.

https://legalspectacle.com/is-a-policewoman-allowed-to-get-pregnant-while-in-service/

It is only the military that does recruitment and it comes out after one week sef. Shey you see paramilitary you can never be sure. Prisons was one year and few months, NDLEA one year and one month, Customs wey them dey since they shortlisted. So this Immigration and NSCDC, just comot mind.

The National Drug Law Enforcement Agency has suspended the ongoing Screening Exercise currently ongoing in Jos.