Politics › Re: Six States Ask Supreme Court to Declare Tinubu’s Victory Null and Void by surgical: 9:35am On Mar 03, 2023 |
helinues: Oya tell us who he has betrayed He betrayed yoruba when he gave number 4 position zone to yoruba to tanbuwal of PDP instead of mulikat a yoruba PDP who her party has chosen Today the tanbuwal is among those challenging Tinubu election in the supreme court |
Politics › Re: Six States Ask Supreme Court to Declare Tinubu’s Victory Null and Void by surgical: 9:29am On Mar 03, 2023 |
OneNigerianist: I thought as much. This is a constitutional issue not a tribunal issue. More states should join too. Although the issue of not securing 1/4 in Abuja would have made more sense in the supreme court, i didn't see it here. it started before the announcement of fct results |
Politics › Re: Election Rigging: Uploaded Results Gives APC Away Such That No Judge Can Excuse by surgical: 9:06am On Mar 03, 2023 |
IVORY2009: This time it can not work, people's lives are at stake, even Wole himself too wants a change of govt. wole cares about the money he will makes The judges don't care because the feel they are insulated |
Politics › Re: If LP Could Get Over 6 Millions Votes Against APC And Pdp, Then They Won by surgical: 8:00am On Mar 03, 2023 |
4mable: If most Christians read their bibles and not listen to their Pastors it would be sliced to half, Obi ride with Christians structures if I show u videos of what some of our influential men of God uploaded days to election to demarket the ruling party, u would be shocked, Which generated a lot of sympathy votes from Muslim dominated core north, was really dissapointed when I saw the video of one of my fathers in faith, But our God is a just God.His will alone prevailed. you are lying very few Nigerians like you will vote for affliction which apc represents ,after all Nigerians passed through in the pass 8 years of apc with naira scarcity close to the Election, it will be the height of insanity for anyone to vote apc especially with an uninspiring candidate they presented Buhar just wanted to pay Tinubu back the debt he owed him at the expense of Nigerians |
Politics › Re: The Oppositions’ Chances Are Slim At The Tribunal: A Legal Opinion by surgical: 5:36am On Mar 03, 2023 |
ethikallyright: THE OPPOSITIONS’ CHANCES ARE SLIM AT THE TRIBUNAL: A LEGAL OPINION
I hereby congratulate His Excellency Bola Ahmed Tinubu of the All Progressive Congress (APC) who was declared the President-elect of the Federal Republic of Nigeria on the 1ST of March 2023 in accordance with the provisions of section 134 of the Constitution of the Federal Republic of Nigeria 1999.
The major opposition parties are not satisfied with the outcome of the February 25th 2023 election and have vowed to approach the Election Tribunal to clear their doubts. Based on conversations on the streets and virtual society, my legal opinion on select issues are discussed briefly below.
Legal Issues
1. Where does the Presidential Election Tribunal start and who are the judges that make up the tribunal?
2. Whether images/pictures of result sheets will be admissible by the tribunal as evidence?
3. Whether the election will be declared void or cancelled because the regulations guiding transmission of the results was not complied with?
4. Whether 25% of votes cast in the Federal Capital Territory is a prerequisite to become the President of Nigeria?
1. Where does the Presidential Election Tribunal start and who are the judges that make up the tribunal?
Section 239 (1)(a) of the Constitution of the Federal Republic of Nigeria 1999 establishes the Court of Appeal of Nigeria as the Presidential Election Tribunal (See also section 130(2)(b) of the Electoral Act 2022). The venue of the court will most likely be the Court of Appeal (Abuja Judicial Division). Not less than 3 justices of the Court of Appeal will be members of the Presidential Election Tribunal (see section 247 of CFRN 1999). The tribunal must have been set up 30 days before the elections in accordance with section 130 (3)(a) of the Electoral Act 2022.
2. Whether images/pictures of result sheets will be admissible by the tribunal as evidence?
The answer is no. Pictures of results taken or downloaded whether by party agents or electorates will not be admissible as evidence in court. The admissible documentary evidence in court is the result sheet itself as will be presented by the Independent National Electoral Commission (INEC) (See sections 86, 88 and 102 of the Evidence Act 2011). Since the result sheet is a public document (section 102 of the Evidence Act), if it is missing a certified true copy will be tendered in accordance with section 90 (1) ( c ) of the Evidence Act. Electronic evidence from the BVAS system or Ires/INEC’s website can only be tendered by INEC because only the Commission can satisfy the conditions of tendering Electronic Evidence laid down by Section 84 of the Evidence Act and emphasized in the case of Kubour v. Dickson.
3. Whether the election will be declared void or cancelled because the regulations guiding transmission of the results was not complied with?
The answer is most likely no although it is subject to the discretion of the tribunal. Section 135(1) of the Electoral Act 2022 is quoted below:
“An election shall not be liable to be invalidated by reason of non-compliance with the provisions of this Act if it appears to the Election Tribunal or Court that the election was conducted substantially in accordance with the principles of this Act and that the non-compliance did not affect substantially the result of the election.”
The provision quoted above means that even if INEC does not conduct the election exactly as stated in the Act, the election will be valid as long as the provisions violated did not affect the result of the election “substantially”.
4. Whether 25% of votes cast in the Federal Capital Territory is a prerequisite to become the President of Nigeria?
The answer is no. Section 134 of CFRN 1999 states that a candidate must not have “less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja” to become the President of Nigeria. That provision must be read together with section 299 of the same constitution which gives the FCT, Abuja, the status of a state. The court of Appeal will not deviate from the decision of the Supreme Court in Bakare v. Ogundipe (2021) where the supreme court reiterated the status of the FCT Abuja as a state in accordance with section 299 of CFRN 1999. Even in the classical case of Shagari V. Awolowo, the Supreme Court of Nigeria counted “Lagos State” which was then the seat ofgovernment as a state to determine whether the candidates had 25% in the required states. where a statue specifically provided a way of doing things ,you can not do it in any other way,the 25% for fct was a specific Constitutional provision you can not wish away, for administrative purposes fct can be regarded as a state,but for the purpose of election the constitution has prescribed the status of fct, the fct was specifically mentioned, while others were lumped together as states |
Politics › Re: Lagos Guber Election: Ęnù Dún R'ófò! - "Says Sanwoolu" by surgical: 5:24am On Mar 03, 2023 |
Neckpresser101: Tribalistic lot!
Your hatred will kill you.
Aren't you so ashamed you guys couldn't rig election the margin was just too much to be rigged we have our evidence of the Lagos rigging we have more than 700k votes and we'll show the world our facts.
You should be worried that APC isn't even strong in your SW even other yorubas voted against APC.
You think say election na asoebi or taslim balogun stadium
We tell Una say Una be overated bags of corn una think say we dey joke .
Anyways we'll vote sanwu olu not because he's APC or Yoruba rubbish! but because he's competent .but don't come here and be saying stupid things or try to tribalise it. else he'll will lose with huge margin it's a promise not a threat. Don't threaten people on who they'll vote for nobody is voting apc in Lagos again except those benefiting from the rot ,let other party try so we can compare, democracy should be competitive not one party rule ,it gives room for complacency and disrespect for the citizens |
Politics › Re: Election Rigging: Uploaded Results Gives APC Away Such That No Judge Can Excuse by surgical: 5:15am On Mar 03, 2023 |
Validated: These are just secondary school level evidences, proves nada! Wait, even BAT will be overwhelmed. BAT has the best election petition lawyer in the country, wole olanipekun Those your evidences he will use technicalities to put it in the cooler and the judges will agree with him. He is very good at winning cases |
Politics › Re: Guilty? INEC Are Deleting Their Past Tweets Right Now by surgical: 9:50pm On Mar 02, 2023 |
Massiveglory: Two groups of people that conspired to ruin the election of our nation
1. The corrupt and fraudulent INEC officials. Not all INEC officials are involved in this monumental fraud.
2. Corrupt , greedy, selfish desperate and wicked politicians who do not care about Nigeria. why are people always afraid to call a spade a spade buhari caused all these problems, he is a bad leader the bulk stops on his table if he did not instruct mamood yakub or his body language does not show support, the inec chairman will not be so brazen He even suffered the whole country with currency scarcity to distract us from their real intentions |
Politics › Re: Can A Tribunal Upturn A Presidential Election? Like Really? by surgical: 7:52pm On Mar 02, 2023 |
Originakalokalo: This question is paramount.
How does it work?
The president gets sacked, who will order him out of the office?
Inspector general of police?
It is very important that we get our election right. It is extremely important that we conduct a free, fair and credible election that is accepted by all.
"Go to court and seek redress" is a paperweight statement.
Judges also read the mood of the society and weight their options before giving judgements.
Governorship election,.well this can be upturned.
Presidential? I don't know.
A lot is at stake.
It is well with Nigeria. our supreme Court do not have that history instead of doing justice they will use technicalities to destroy the case Don't hope on them,once they say go to court just forget it ,they ve already planned everything including the judges that will sit on the case and what the outcome will be |
Politics › Re: Is This What We Spent Billions To Do? Obi Condemns Conduct Of Election (Video) by surgical: 6:28pm On Mar 02, 2023 |
AdaojoTheUrchin: All Justices of the courts are now on the people's radar.
The court proceedings will be kept in the front burner of national and international news. Let us see if the judges will start looking for the usual 'technicalities' to deny Nigerians their mandate, after the greatest televised electoral heist in Africa. Those guys always hide under don't criticise the judges but it may not be like that this time around |
Politics › Re: Presidential Poll: Losers Should Go To Court Not Streets – Buhari by surgical: 12:32pm On Mar 02, 2023 |
Fragility6: Abeg somebody mention one thing diz man no destroy since e enter power. Even the so-called infrastructure hype na scam. How many did he start in his administration? The painful thing is that we spent so much money on him and his family, made some billionaire and he repaid us with evil in everyday imaginable ,God will judge him |
Politics › Re: INEC Needs To Be Reformed: Full Text Of YIAGA Africa's Post-Election Report by surgical: 8:47am On Mar 02, 2023 |
Fighter2029: There are some issues Nigerians should ask Inec to addresses,what happened to the over 400 billion naira that was given to them to ensure,a peaceful,free and fair election since 4 years back, secondly,did they really conducted elections or they just did selection,thirdly,why have they failed to address all the accusations of the massive fraudulent activities that overshadowed the February 25th election,Inec should as a matter of national urgency cancel whatever they conducted on 25th in the name of presidential elections,they should give Nigerians account of what they did with the money given to them to prepare for this election,selecting a man with such huge a criminal tag on him to oversee the affairs of over 200 million people is a call for National disaster and civil unrest. This should be directed at buhari he caused every thing, they have arranged a turn by turn presidency just like Tinubu is practising in Lagos, you should never expect a free and fair election in Nigeria again, if you don't understand check the model being practice in Lagos |
Politics › Re: Analysis of Rivers Election where it is impossible to rig(Peter Obi scored >90%) by surgical: 7:07pm On Mar 01, 2023 |
Massiveglory: The citizens of Nigeria and the world are well aware of the monumental democratic robbery thst just happened in our nation.
The mood of the nation says it all. The nation is mourning. It is one of the darkest day in the history of our nation.
But it will not stand. Tinubu will not be President of Nigeria. This has confirmed the notion that buhari has zero integrity |
Politics › Re: A Pyrrhic Victory For APC - The Real Battle Is In The Courts by surgical: 6:58pm On Mar 01, 2023 |
You still believe in Nigeria courts, that means you don't live in Nigeria or you have not been following election petitions in the country, even if you have the whole evidence in this world, they will use technicalities. Don't hope on Nigeria judiciary they won't do justice |
Politics › Re: What One Legacy Will You Remember The Outgoing President Buhari For? by surgical: 6:54pm On Mar 01, 2023 |
That he was a dishonest pretending ,wicked fraudster,who despite he benefited from Nigeria, he rewarded us with ,hardship, insecurity, hunger,and flawed election, with wide spread division among the people. He can't be remembered for any good, because he did nothing good, he was evil personified. Ok now what did he achieved with his stupid naira redesign only hardship and inconvenience to the people |
Politics › Re: What One Legacy Will You Remember The Outgoing President Buhari For? by surgical: 6:53pm On Mar 01, 2023 |
That he was a dishonest pretending ,wicked fraudster,who despite he benefited from Nigeria, he rewarded us with ,hardship, insecurity, hunger,and flawed election, with wide spread division among the people. He can't be remembered for any good, because he did nothing good, he was evil personified |
Politics › Re: Tinubu Receives Certificate Of Return As President-Elect by surgical: 6:04pm On Mar 01, 2023 |
Guk: #just saying:
If Peter Obi eventually loses in the court, he will likely move on from LP. If he doesnt move on, LP will have to build structure as it cannot depend on the aura of Peter Obi to succeed.
Dont let any one fool you, lack of structure cost LP a lot of votes.
Funding is key in success of any organization, does LP have the funding? Again, you cant keep relying on the aura of Peter Obi.
LP in Edo state, depends on if they win the State assembly elections on 11th march and governorship election next year. Remember, Adams Osiomole won Edo as LP candidate, there should still be some LP loyalist from back then who can help secure Edo for LP
LP should consolidate as a strong regional party and then build bridges and form alliances with North Central; North East and North West, or else, they wont do as well as they did this time.
All the best in your endeavours I am sure obi has learnt that structure matters he took it for granted that he won in anambra with a new party ,that he can re-enact the fit again forgetting Nigeria is bigger he needed foot soldiers everywhere but he had few because the chairman of his party was bent on making money, so they lost candidates that could have been their image and spokes persons in many parts of the country |
Politics › Re: Election That Produced Tinubu As President Flawed, Says Buhari by surgical: 11:27am On Mar 01, 2023 |
Buhari like a failure that you are you cannot leave a legacy of free and fair election You deceived everybody that you want to curb vote buying and suffered everybody meanwhile you and your party have perfected to use manual collation to rig the election. You have no honour or integrity For those going to court, in Nigeria its a waste of time,especially in issues like this they all Collaborate, the crooks in judiciary and the crooks in the political class |
Politics › Re: INEC Declares Tinubu Winner Of Presidential Election by surgical: 11:22am On Mar 01, 2023 |
Please can somebody tell buhari to suspend his naira redesign and allow life to go back to normal, I wonder why he derive pleasure in inflicting pains on the people. Thank God his time is up but unfortunately for him he has nothing good to be remembered for |
Politics › Re: Tinubu: Don't Expect My Wife Back In The Senate, She Will Be My Housewife by surgical: 10:26am On Mar 01, 2023 |
Fahdiga: Don't gloat yet. You are riding on a stolen mandate. God is not asleep. Nigerian court can never will never do justice in this kind of matter,they don't have the history or courage to do justice in high profile cases .Don't put your hope in them |
Politics › Re: Previous FCT Election Results And Why 25% Is A Must . by surgical: 10:13pm On Feb 28, 2023 |
IVORY2009: The last presidential elections of 2019, if you can recall, President mohammdu Buhari did not win the FCT, rather, Atiku won the FCT, and Buhari was declared winner. He made 25% |
Politics › Re: Previous FCT Election Results And Why 25% Is A Must . by surgical: 10:09pm On Feb 28, 2023 |
ademasta: Go and read the section 299 of the constitution...
Winning or having 25% of total votes in FCT isn't a must to be declared winner.
FCT is considered a state just like every other ones. for the purpose of election it is clearly stated Where are not talking of status of fct for administrative purpose The winner must make the 25% it's a must Except they want to bring yobe technicalities or the hope uzodinma type of judgement |
Politics › Re: NNPP Joins PDP, LP, To Demand Outright Cancellation Of Election Result by surgical: 10:02pm On Feb 28, 2023 |
jchioma: Unfortunately, Buhari does not want to go without doing maximum damage to the psych and physique of the Nigerian people he has so far impoverished in the last 8 years. The man was a terrible disaster, despite all he got from Nigeria he couldn't give anything back even a simple free and fair elections |
Politics › Re: I Won’t Step Down, INEC Chairman, Mahmood Yakubu Replies Opposition Parties by surgical: 10:00pm On Feb 28, 2023 |
KEVIND: INEC Chairman, Mahmood Yakubu always knew they were going to Rig the Election Process but kept deceiving us that our votes will count when there is a plan to make sure our votes don't count Even the way failure of a president was with them on this, they even brought naira redesign, and apc governors sueing their government to divert our attention from their evil plan but God pass them |
Politics › Re: NNPP Joins PDP, LP, To Demand Outright Cancellation Of Election Result by surgical: 9:36pm On Feb 28, 2023 |
jchioma: The elections failed the integrity test, INECs own electoral law and must therefore be cancelled. Anything short of this is a call to unwanted chaos. Parties to these suits are not pushovers. Nigerians representing over 80% are behind them. Buhari is a wayo man everything about him is deceitful, not transparent like the life of his presidential candidate,he deceived the country about conducting free and fair elections, even carried out a shambolic naira design ,to make us believe him,while the clown presidential candidate and some members of party make it seems they were fighting mean while they are all in bed together Buhari is Nigeria number one problem despite being its president he, hates the country and its people, his actions and policies reflect it |
Politics › Re: Reasons Peter Obi, LP Presidential Candidate Lost The Elections by surgical: 5:22pm On Feb 28, 2023 |
⁸ daygee12: The same court that gave Obi his mandate twice That was then under obasanjo not this present despicable 419 government, everything about them is fraudulent |
Politics › Re: Reasons Peter Obi, LP Presidential Candidate Lost The Elections by surgical: 12:07pm On Feb 28, 2023 |
Plus10: He didn't loss the election...he actually won squarely, The court will correct the mess ! Nigerian can not do this it's impossible, the same court that gave IMO to uzodinma,thesame Court that awarded yobe to lawan, the same court that gave akwaibo senatorial seat to akpabio, even if you have the most flawless evidence, they will use technicalities to give judgement so forget it once it becomes a court case |
Politics › Re: What Will President Buhari Be Remembered For? by surgical: 9:12pm On Feb 27, 2023 |
He would be remembered for ignominy |
Politics › Re: Obi Defeats Tinubu, Atiku In Nasarawa State by surgical: 7:24pm On Feb 27, 2023 |
TrumpDonald2: Tell APC to show you their dashboard from the situation room. All that INEC is dishing out is rubbish.
This election will end in court and Obi will win. They have a specialist lawyer wole olaonipekun patiently waiting to do the magic for them and the judges they've helped over the years who will get the job done for them Court should be the last option, that's their area of specialisation |
Politics › Re: Tinubu Wins Oyo, Clears All 33 Local Government Area by surgical: 1:48pm On Feb 27, 2023 |
melonsgroup: Ambode should've joined this race via Labour party..... Them no born anybody well to win am
But he's a coward yes a real coward don't know what he is afraid of |
Politics › Re: APC Youth Leader,Dayo Israel Ask Appointee Not Come To Office If Sanwo-Olu Loose by surgical: 11:01am On Feb 27, 2023 |
It is octoge lagos, the same people you send thugs after, you realised your folly now that power is transient, you guys are about to loose your pot of soup,no champion for ever,just accept that |
Politics › Re: Obi’s Votes Overtake Tinubu’s In Lagos by surgical: 10:06am On Feb 27, 2023 |
pho: If not for the thugs and manipulation LP would have won convincingly in Lagos. APC will most likely win if Alimosho figures troops in but I pray people turn out emass during the governorship election to vote out APC for LP.
We need a fresh air in Lagos. We can do it. yes sure and fresh air we would have |