₦airaland Forum

noble0:
I think it was before the month of December.

Anyways, it's possible shaa...

@ Op like which month in 2019. Cos what I learned from his declaration. He said Ihedioha should go and look for something else to do that the Douglas seat is not for him (Ihedioha) but for him (Hope). He further said that when Okorocha was vying for same seat, he came to same alter, he prayed for him and gave him a seat that he took to Douglas house which no mortal was able remove him from until he completed his two terms. But sadly he broke the oath and the covenant he took before his altar. He now told Hope if he's sure he will not renege on his promises he will make before God in his altar just like other politicians like Rochas did, that he should remain seated, otherwise he should stand to make a covenant and swear an oath of allegiance with God. He then gave him Bible to make promise and swear an oath, before he eventually blessed him by the sign of cross in the end.

He will now go there to institutionalize same sex relationship

okeyglm:
how is it possible for total number of votes be greater than total number of people that actual vote.

Bros, in law court, you must challenge and contest a course and tender proofs. Did the PDP challenge the over voting like you just sighted No, they didn't... So the court can't rule outside what you are praying to her to do for you. It's not charitable and magnanimous to do that for you. And even if they prayed for it, our constitution, under electoral act recognize voter register ie the register voters and not the accredited voters in deciding over voting. Some precious supreme rulings have cleared this before. So, even they did contest for the over voting, they would still lost because the number of register voters in Imos state before the election was about 2million voters. So to the law, there was no over voting.

omenka:
How is it your business!!! You run around here screaming biafra or death and nnamudi Cownu all over the place, but once pdp is dealt a nasty blow, we see the same you ranting and raving like a kid who just had their chocolate confiscated by a bully.

You need to check yourself and figure out what exactly you want and stick by it wholeheartedly.

Guy your attitude on this platform is becoming nauseating and sickening. Are you even more APC than Seunmsg Can't you answer him objectively like Seunmsg just did above. I wonder how old you are to be exhibiting childish in all your comments on this forum. Mtcheewwwee

Mille:
This is interesting.

But does that mean everyone from the 388 polling units voted for APC and none for the other parties?

APC seem to be the only beneficiary which is quite fishy. And I am wondering why the other parties somehow got 0 votes in all 388 polling units.

Broh, in law there is no sentiment. If the appellant cannot contest on the irregularities that played with the emergence of those humongous figures leaving other parties with zero votes. The court will gladly assumed that those figures were genuine.

seunmsg:
You guys are finally asking the right question.

From my understanding of what played out on Election Day, all the major candidates massively rigged in their areas of strength. Ihedioha rigged massively in the Mbaise local governments, Uzodinma did same in Orlu and Nwosu in his area. All the results were declared at the polling units without any violence. Copies of the polling units results were handed over to the security agencies.

On getting to the collation center, INEC collation officers discovered the huge rigging. Instead of canceling the entire results or accepting everything, they decided to cherry pick. They accepted Ihedioha’s rigged results from Mbaise and Okorocha ensured results from Nwosu’s area were also accepted. Sadly, all the rigged results from 388 polling units stronghold of Uzodinma were rejected.

The case went to tribunal and Uzodinma submitted the results initially declared from the 388 units. He called over 50 polling officers as witnesses and even got the police to tender their own copies of the results before the tribunal. The police also corroborated his argument that there was no violence in those polling units during the election.

It was then left for INEC to defend the unlawful cancellation of the votes. Sadly, INEC played the ostrich and refused to offer any serious legal defense to support the cancellation. Ihedioha’s legal team were more interested in battling Nwosu’s case and didn’t give the Uzodinma case the required legal attention. As a result, none of the defendants put up a serious legal challenge against Uzodinma’s argument.

The Supreme Court looked at the results from the 388 polling units and all the seven justices agreed there was no justification for the cancellation. They added them back and Uzodinma was declared winner. Case closed.

Thanks broh. You have said it all. Election in Nigeria is all about rigging. And in court, it's almost impossible to appeal against a rigged results if this new amendment of electoral law is not signed into law. This current electoral laws are full of flaws and many political dissidents are taking advantage of it. The same thing will work against PDP in Kogi electoral litigations. They should never contest Okene, Adavi, Okehi, and Ajaokuta heavily rigged results because they were signed and reeled out by the presiding officers. Their main prayer should be bothered on the electoral violence that marred the election and pray for total cancellation. Else, Kogi will just go like this one.

garfield1:
THE IMO GUBERNATORIAL JUDGMENT - A PAINFUL BUT LEGALLY CORRECT VERDICT!

It is indeed a perplexing paradox: Hope Uzodinma may not have won the 2019 Imo State gubernatorial election, yet the Supreme Court, on the facts, was right in declaring him the winner of that election in law. The error was not the Supreme Court's, but that of Governor Emeka Ihedioha's legal team; and it was a crucially fatal error.

What happened was this: During the governorship election in Imo State, apparently concocted results, perhaps not having any basis whatsoever in reality, BUT SIGNED BY INEC PRESIDING OFFICERS, were turned in from more than 350 polling units, giving Hope Uzodinma of the APC an incredibly unassailable lead. When those results were transmitted to the wards collation centres, the collation officers, who had no power in law to cancel or reject them, rejected the said polling units results, and refused to collate them, thereby effectively excluding them from the total tally of the governorship result that was eventually declared by the Returning Officer. In the aftermath of the said exclusion, the Independent National Electoral Commission declared Governor Ihedioha the winner of the election.

The exclusion of the results of those polling units was the fulcrum of the petition presented at the Tribunal by Hope Uzodinma. Ever since David Mark V. ABUBAKAR USMAN, and DOMA V. INEC, the law has been settled that neither collation officers nor a returning officer, has the power in law to exclude a polling unit result duly signed by the presiding officer at the polling unit; only the election tribunal possesses the power to cancel or exclude such a result. So, at the point of its presentation, Senator Uzodinma's petition was potentially viable, in spite of the apparent dubiousness of the polling units results on which it was anchored, there being a REBUTTABLE presumption of regularity and correctness, by virtue of both the Electoral Act and Evidence Act, enuring in favour of any result declared by a presiding officer.

The backbreaking and fatal error made by Ihedioha's legal team was not filing a CROSS PETITION fiercely challenging the integrity of the suspect polling units results upon which Uzodinma was relying, and praying the election tribunal to formally nullify the said results. Without a cross petition, none of the grounds under section 138 (1) of the Electoral Act for questioning the elections conducted in those polling units in which Uzodinma "won" could have been competently raised by Governor Ihedioha in his defence to Uzodinma's petition. This was the ratio decidendi of the old Court of Appeal decision in IDRIS V. A.N.P.P.(2008)8 NWLR(PT.1088) Page 1. In the recent Court of Appeal decision in ATIKU ABUBAKAR V. BUHARI, the Court of Appeal again invoked the principle in dismissing Buhari's contention that Atiku ABUBAKAR was born in Cameroun to parents who originally were Camerounians, and thus disqualified from contesting the election. Dismissing the contention, the Court of Appeal held that the issue was incompetent, since Buhari did not file a cross petition.

Ihedioha indeed did set up facts in his Reply to the petition rehashing the serial infractions that led to the exclusion of the results of the said 300 plus polling units. But that was legally not enough, in the absence of a cross petition. Besides, such renditions by a Respondent in a mere Reply or Statement of Defence are clearly incompetent. The reason for the incompetence was was made clear by the Court of Appeal in NATIONAL JUDICIAL COUNCIL & ORS V. HON. JUSTICE JUBRIL BABAJIDE ALADEJANA & ORS(2014) LPELR - 2413 (CA) Page 31, paras C - F, at ratio 3 thus -

"The law is that it is a plaintiff who by his statement of claim primarily nominates issues to be tried in a suit and which he relies on to have the judgment of the Court. For a defendant, it is only necessary to resist the plaintiff's claim on the facts pleaded. It is not for a defendant to set up facts which would convey that it is not just setting up a defence but setting up a new case of his own. He can only do so by way of a counter claim..."

Shorn of the legalese, what the above authority is simply saying is that since the issue nominated for trial by Hope Uzodinma was the unlawfulfulness or otherwise of the exclusion of the results of the 300 plus polling units by the ward collation officers, Ihedioha's defence was therefore necessarily restricted by law to showing that those who excluded the results had the power in law to exclude them. Without a cross petition praying for the nullification of those results, the law forbids Governor Ihedioha as respondent from raising the issue of the alleged serial corrupt practices and irregularities marring the said results, in a mere statement of defence; that was a new issue not nominated by Uzodinma as petitioner. Ihedioha, being a Respondent, could only have competently raised them via a cross petition, being a new issue not nominated by Uzodinma, the petitioner.

Tragically, Ihedioha's legal team forgot to include the pivotal cross petition. And in the absence of a cross petition, the Supreme Court was right in law, painfully though it may seem, to rely on the presumption of regularity and correctness enshrined by both the Electoral Act and Evidence Act in favour of the said results, and to reckon with them and add them up to the final result, since Ihedioha's legal team had woefully failed to effectively attack the results and rebut that presumption. For the Supreme Court, this was the legally correct conclusion to come to, having found that INEC had no power in law to exclude polling units results duly affirmed by the various polling units presiding officers.

I now understand what played out perfectly well. The supreme court was indeed right after all. Court relies on evidence provided rather than sheer sentiments. The reason a known criminal can be acquitted if the persecuting lawyer lacks jurisprudence to substantiate his case before the court.

garfield1:
You see why i said that you have a problem of understanding.that 233k votes are not uche nwosu's votes but votes of hope tin 388 units that were not added by inec originally

Guy, truly your political sagacity is second to none. I envy your pundit. You were right truly.

cc: Garfield1

garfield1:
Its obvious hops uzodinma is the next governor.mbaka is indeed a seer

How I thought supreme court earlier ruled that Uche was the true bearer of APC flag in the governorship election

ORIENTATION101:
fake supreme Court stand down judgement on imo.
Final ruling to be made later in the day

Okay

garfield1:
This is fake

Are you sure?? But based on the comments there in, it seems genuine ooo

asha80:
and also disqualified him(nwosu) in the process

Oh!! That's true... I believe that's why he finally ruled in the favour of Ihedioha as the runner up

kcmichael:
Apc=96,404
Pdp=273,404
AA= 190,364

If the 388 result is added Uche nwosu wins.

Yeah, because supreme court had earlier ruled that he's the true bearer of APC flag in the governorship election.

Caption this picture of princess Khadija Lamido Sanusi in a firm hand shake with VP Osibanjo

seanfer:
He came 4th, but He's argument is that if the 300+ units were not cancelled he would have scored the highest votes cast... Reference is the case of Andrew Uchendu VS Inec and PDP where inec cancelled Etche LGA votes but the Appeal Court added the votes and declare Uchendu the winner over George Sekibo...

Nawa ooooo!!! Which kind yeye judgement be that one. How can a court rely on assumption instead of factual. Supreme court can never dispense judgement base on a mere assumption. Instead, it will order for a rerun where there were cancelled units.

tawa89:
Don't listen to that clown called Garfield, that's how he goes about this forum arguing aimlessly like a drunk. Hope Uzodinma has no case, he manufactured results from polling units but unfortunately couldn't bribe INEC officials to announce them, INEC officials announced a different results from the ones he wrote in his bedroom that's why both tribunal and court of appeal threw away his case like thrash. Is Hope Uzodinma an INEC official that he should be the one announcing election results? Results that have been announced already by the people constitutionally required to do so. So Garfield a well known drunk knows more than our judges at tribunal and court of appeal threw away the rubbish case. Hope carrying around fake results different from the ones INEC officials announced on ground only shows he's a mad man.
As for Garfield, the village drunk, I'm sure Ihedioha stole your wife from you, you swore Uche Nwosu was going to win last year, when he lost, you started crying everywhere about 2/3 spread, now the Supreme Court have annulled Uche Nwosu candidacy, you are now talking about Hope Uzodinma's elections results that he wrote and announced by himself. If that's how people become Governors, wonder what's stopping you from writing your own results, award 2m votes to yourself and declaring yourself Governor of Lagos State since you have Schizophrenia.

I'm perplexed because the guy came distant 4th during the election. Let's wait till tomorrow's judgement shaaa. The worst supreme court will do is to order for a rerun.

garfield1:
There not,the supreme court is always consistent esp on election cases.its the lower courts that are the problem.for instance the supreme court postponed hearing till tomorrow in consonance with the principle that says that a panel must be 5 or 7 meanwhile they were six.they could have just added one member or excused one to make it odd but chose to follow the law

Yes!! That's why they are very clinical with her judgement. Your case must be substantiated beyond all reasonable doubt.

garfield1:
The court has suspended hearing till tomorrow due to the absence of just one panel member.you can see how thorough and strict they are

Thanks for the info. We wait till tomorrow. At least this move would quell the apprehension in the respective states.

garfield1:
Flimsy and watery based on my opinion and i daresay technical.they claimed that the results were not from inec meanwhile all evidences showed that it was from inec.
Again,they claimed that the deputy commissioner of police who tendered the results and testified for hope did so on his own and not on behalf of the police which is very laughable.
They claimed that the results tendered by hope were not signed by all polling unit agents.it has been agreed time and time again that it is not compulsory for all agents to sign results.
Finally the lower courts claimed hope should have proven his case by calling witnesses from all unit.this is not true,it applies only to those challenging elections based on non compliance and not incorrect collation.
See kakih vs inec 2001 supra
See otti vs ikpeazu 2015 supra
See adeleke vs inec 2019 per tanko jsc


By the way,the supreme court has commenced hearing according to channels TV.the cjn is heading the 7 man panel against the 5 of last week which he was absent.i suspect something

You are very articulate and updated.

garfield1:
Good,were heading somewhere.you are very reasonable and objective.inec couldn't provide reasonable basis for all the 388 units.in some units,they claimed that there was overvoting and that they arrived at this decision through the card reader records meanwhile the supreme court defines overvoting as when total valid votes exceeds registered voters not accredited voters and this was re-echoed again last ween in the judgment affirming ikpeazu's election.
Again,the cancelation were done from the collation points meanwhile the electoral act empowers only the presiding officers to do so at the units and any result emanating from polling units stands except set aside by the courts.
The burden of proof is usually on the petitioner but from the evidences of hope,this shifted to inec which has failed to rebute it.inec never produced any counter results to disprove that of hope.

Wows!! I see.... The problem is that our judiciary system is very inconsistent in dispensing judgement. Thanks for the heads up.

chukel:
2/3rd spread is not with respect to any other candidate. But with respect to total votes cast in each of the LGAs

Yes, but when the votes he garnered are voided the total votes cast will be reduced. So he will be able to garner 25%.

chukel:
2/3rd spread is not with respect to any other candidate. But with respect to total votes cast in each of the LGAs

Yes, but when the votes he garnered are voided the total votes cast will be reduced. So he will be able to garner 25%

garfield1:
Yes,if added he will have 300,000 votes placing him ahead but i dont know if it will give him the spread

Then he has a valid case. But I ask, on what basis were the units votes omitted??

chukel:
you don't even understand the concept of 2/3rd spread

It's you who don't understand the concept of 2/3 spread. Remove the votes garnered by Uche Nwosu and see if Ihedioha will not get 25% in 14 out of 21 LG in IMO state. But with Uche Nwosu votes he was able to get 25% in only 12 LGs which is not up to 2/3 of the entire LGs.

garfield1:
No sir,am not talking about that two third spread.am talking about uzodinma's case where his results from 388 units were omitted.that case is solid

But if they are added, will it be able to lead Ihedioha

helinues:
What if the security agents had received intelligent about possible disruption of the judgements?

Yeah, disruption should the sitting Gov loses, hence the need to beef up the security of the state. We are saying same thing nah

helinues:
Me smell something meaty about todays judgement.. Tambuwal election will be upheld

Lol....then why so much beefing up the security situation of the state just because you wan to pass a judgement. And it's only in that state amongst the states that would know the fate of their Governors today??

garfield1:
I dont think so.i feel ihedioha will instead lose his seat.out of the two one must go and i prefer ihedioha

Nah, I think the apex court ruling against Uche has voided the votes he garnered in AA party as the was no candidate presented by that party. So if you remove those votes, Ihedioha will have gotten the said 2/3 of LGs which was the bone of contention for the cancellation of that election.

garfield1:
I dont think so.i feel ihedioha will instead lose his seat.out of the two one must go and i prefer ihedioha

If you follow sokoto election, you will know that the court would rule against Tambuwal. There were some cancelled votes which are far more than 345 votes between the 1st and the 2nd. There should have been a rerun.