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Nairaland Forum / Nairaland / General / Politics / Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections (1704 Views)
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Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by Slynonny(m): 6:35am On Mar 27, 2015 |
lagos—President Goodluck Jonathan, has asked the Court of Appeal, sitting in Lagos, to set aside the Federal High Court order, which restrained him from deploying soldiers to assist the police in providing security during the general elections, which is starting tomorrow across the country. The judge at the lower court, Justice Ibrahim Buba, had in the suit by a House of Representatives member, Femi Gbajabiamil held that the President cannot deploy soldiers without the National Assembly’s approval. Other respondents in the suit were the Chief of Defence Staff, the Chief of Army Staff, the Chief of Air Staff, the Chief of Naval Staff and the Attorney-General of the Federation. President Jonathan through his counsel, Deacon Dele Adesina, SAN, in the appeal, is praying the appellate court, to dismiss the judgement of the lower court in its entirety for lack of merit. Jonathan in his six grounds of appeal is contending the lower court’s decision did not represent the state of the law, “particularly his lordship decision regarding the validity of the originating process is not correct.” Adesina faulted the lower court’s reliance on the recent election petition appeal relating to the issue of the deployment of troops, which was yet to be pronounced upon by the apex court. He is contending that trial judge erred by “dismissing the objection filed by the 1st and 6th defendants and assumed jurisdiction when he held that the plaintiff sought and obtained leave to issue and serve the originating summons outside Lagos State, when indeed the grounds of the objection was non-compliance with the provisions of Section 97 of the Sheriff and Civil Process Act.” He argued that by virtue of the “Provisions of Section 97 of the Sheriffs and Civil Process Act, every writ of summons for service out of the state in which it was issued shall in addition to any other endorsement or notice required by the law of such state have endorsed thereon a notice indicating that the originating process is to be served out of the state and in which state it is to be served. It is settled law that compliance with the provision of Section 97 of the Sheriffs and Civil Process Act is mandatory.” According to him, the trial judge erred in law when he assumed jurisdiction and proceeded to enter judgment when indeed, he lacks the jurisdiction to do so. He argued that the originating process having failed to comply with the mandatory provisions of the Sheriff and Civil Process Act was not issued according to due process and therefore, incompetent and liable to be struck out. “A competent court cannot sit on an incompetent suit. The law is settled that where a court lacks jurisdiction, its proceedings no matter how well conducted and its judgment or orders are a nullity,” he argued. Another ground of the appeal, it that the trial judge erred when he held that the plaintiff had the plaintiff at the lower court had the requisite locus standi to institute the action, as it was a matter of public litigation. On the particulars of this ground, he said “The Plaintiff is the Minority Leader in the House of Representatives who had canvassed thse same arguments and reliefs on the floor of the House of Representatives and lost to the majority. The members of the House of Representatives are elected by the citizens to represent their interest and having lost to the majority decision in the House, he has removed this matter from the purview of public interest litigation. The appellant, therefore, wants the court to set aside the judgement of the lower court, or in the alternative, dismiss the entire suit for lack of merit. www.vanguardngr.com/2015/03/jonathan-asks-court-to-set-aside-order-barring-soldiers-from-elections/ |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by SeverusSnape(m): 6:37am On Mar 27, 2015 |
I support the use of soldiers. Anybody who opposes this can go to hell! So they want people to be killed like it happened last time? No way!... NO TAKING OF CHANCES THIS TIME AROUND. 3 Likes 1 Share |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by temitemi1(m): 6:40am On Mar 27, 2015 |
GEJ TILL 2019!!! 1 Like 1 Share |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by Nobody: 6:42am On Mar 27, 2015 |
Yeah,they willbe useful 1 Like 1 Share |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by Slynonny(m): 6:44am On Mar 27, 2015 |
Yeah Soldiers must be deployed. Agents of darkness(APC) can cry me lagoon. GEJ till 2019. 1 Like 1 Share |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by Nobody: 6:45am On Mar 27, 2015 |
Ekitigate can't happen in this election oga presido. If you like,deploy Mossad for security,we have decided.. Sai-buhari. 5 Likes 1 Share |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by DesChyko: 6:53am On Mar 27, 2015 |
Are these people stupid? With the violent idiots up and down and this bomb threats from the insurgents, they're still playing with the idea of not utilizing military men at the elections? Chai.. How greed for power has blinded some he-goats (and she-goats). 2 Likes 1 Share |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by DesChyko: 7:00am On Mar 27, 2015 |
Yomieluv: Question 1:In one sentence, distinguish between a C4 and TNT. Question 2: What is the dominant feature of an undercover insurgent? Question 3: A card reader failed at a poll station dominated by Fulani herdsmen. Describe the resulting scenario and your response. You have two minutes. 4 Likes |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by Ngwakwe: 7:05am On Mar 27, 2015 |
SeverusSnape: Their rigging machines are operated by tugs and fake/compromised Police Officers hence any attempt at stopping them means their Waterloo. Remember, APC sent fake Osun State corp members and monitors to rig the last Anambra State's guber election Don't be deceived the Military will be on the city roads and highways to enforce no movement and any attempt to intimidate voters. 1 Like |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by olatade(m): 7:14am On Mar 27, 2015 |
PDP needs our forgiveness not our Vote!!! PDP should apologies to Nigerians for: mismanagement of subsidy founds, ASUU strike, power failure, broken promises, amnesty program failure, unemployment, insincerity, imposition of leaders, corruption, fuel scarcity, lack of basic social amenities, insecurity, and many more.... Vote wisely. We all should be begging GMB to rule us. Vote GMB 4 Likes |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by Slynonny(m): 7:50am On Mar 27, 2015 |
olatade:Wow this news must have been very painful to your hearing. Pls take it easy before you run mad enter market. Once a failure always a failure. Hell Rufai the short devil said it that Mallam Buhari is perpetually unelectable. Tinubu......no pls don't come close with your mouth odour,tinubu said it that Mallam Buhari is too old to rule Nigeria. But today they are all agent of darkness(APC). My guy abeg help me call that Mallam that is passing by. Mallam Buhari someone is calling you. Mallam Buhari shey u get am for polish ba? Yoo wah i get am flenti flenti. Oya polish my shoes am late for work. Oga kawo kwudi. I'll pay you once your done. Kai Oga me i no understand that english fa,u pay me i polish shoe. Mr Man are you daft or what? Kai oga make i no call me for draft i no sabi play draft. Illiteracy is a disease. Pls Mallam Buhari go back to School. 2 Likes |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by dunkem21(m): 7:58am On Mar 27, 2015 |
This thing go pain APC well wella that they will cry again to ICC And for your information, No movement from 8am morrow ..tell ICC! |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by wisolf(m): 7:59am On Mar 27, 2015 |
R |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by Nobody: 8:05am On Mar 27, 2015 |
The use of soldiers during election will only award GEJ a case at ICC. APC has set a trap for him 1 Like |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by Slynonny(m): 8:18am On Mar 27, 2015 |
Segeggs:Stop crying my dear. |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by dealslip(f): 8:24am On Mar 27, 2015 |
No single Nigerian should say a word against the president, if Almajiri kills anyone in the north tomorrow. Do those pot bellied, drunk policemen look like people who will provide security against Almajiris and Insurgents planning to bomb polling units tomorrow. People opposing the use of army are from the South and have never heard a single bomb blast in their life. While I do not support PDP or APC, I cannot bear that lives may be lost, if there is no proper security. We may not like the president but we don't have to criticise every single move he makes. Closing borders and using army is geared towards keeping you safe and a credible election preventing foreigners from voting and causing mayhem in Nigeria. You should also frown at the fact that immigration officers will be there to screen foreigners. Be objective for once. |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by ozoigbondu: 8:25am On Mar 27, 2015 |
Soldiers has already been deployed this is just to make the deployment lawful say no to election violence and fraud or you will be used as target dummy Fellow Nigerians we implore you all to troop out this saturday in droves and J=Join O=Other N=Nigerians A=Achieve T=Transformed, H=Healthy, A=Adorable N=Nation Let the transformation contuine.......GEJ till 2019 1 Like |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by Nobody: 8:44am On Mar 27, 2015 |
It makes sense to use soldiers. The violence in naija is too much. If there is violence now, na jona dem go still blame. |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by Burger01(m): 9:10am On Mar 27, 2015 |
SeverusSnape: temitemi1: Robots! Why are you guys this inflexibly servile?. Una be slaves? Tomorrow, the d-day for your uncontrollable wailing. Just tomorrow
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Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by SeverusSnape(m): 9:16am On Mar 27, 2015 |
Burger01:Hehehehehehehehehehe.... Nice meme. Make another one please |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by Burger01(m): 9:18am On Mar 27, 2015 |
SeverusSnape:Hehehehehe, deal with that one for the time being. You better decamp before it's too late. And oh, try keep your Bp under checks mate Sai Buhari Joor |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by SeverusSnape(m): 9:22am On Mar 27, 2015 |
Burger01:Try check your brothers who would want to kill if Jonathan wins, because I know you guys are blood thirsty savages. |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by Burger01(m): 9:26am On Mar 27, 2015 |
SeverusSnape:Blood thirsty! That's your emblem guys. It only requires modicum of common sense to thrash you pigs at your games. |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by SeverusSnape(m): 9:29am On Mar 27, 2015 |
Burger01:It only requires the Nigerian Army to deal with extremists like you at your games. Buhari supporters are the epitome of fanatism and illiteracy. |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by Burger01(m): 9:33am On Mar 27, 2015 |
SeverusSnape:Tomorrow is the d-day bruh. Buhari, my bubu, will win and nada will happen. Heaven won't fall bruh, life goes on and those corrupt politicians and thievers will skidaddle like their lives depend on it. Corrupt bunch of enemies of progress Sai Buhari |
Re: Jonathan Asks Court To Set Aside Order Barring Soldiers From Elections by SeverusSnape(m): 9:37am On Mar 27, 2015 |
Burger01:**waiting for the illiterate terrorist to cry again** As demonstrated in the picture below.
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