fergie001:

All you said....I concur
I like the way Diri's lawyers have side-stepped who should disqualify or not disqualify..and subscribed to the statute-barred thingy.

I am waiting for my ejimatic!

They side stepped because that is the only reason they can hang on to.any other prayer has to do with inec.no need to wait for him,he has made his case.let us see what the supreme court will do afterall they caused all this bsyelsa imbroglio

garfield1:


No sir.the constitution says declaration of result and pdp were declared winners on 14 Feb therefore every case now starts counting afresh from that day.infact a recent supreme court judgment said the 21 days start counting when certificate of return was issued.

Can u avail me of the section and subsection of the Constitution that says Party exclusion litigation starts after declaration of result.
And also avail us of the recent supreme Court judgement that said 21 days started counting after issuance of CoR. (Who vs Who)? lol
Thank you.

Aaa594:

Before judgments are written judges will first vote among themselves on the side they stand not minding the evidence before the tribunal?

The majority vote wins and their opinion forms the final judgment..

Two of the judges voted for cancelation of the election not minding the evidence in the contrary..

The tribunal chairman just have to obey the rules of voting and the two others took d day..

But the chairman gave his minority judgment which clearly state the obvious as the constitution requires. 35yrs..and 14days window to approach the court.. Which ANDP fails to do...

This is why PDP is on a better ground.
Same case of 34yrs was in kogi too.. Apc and INEC won at the supreme

You lie.in kogi,the app withdrew his case st the appeal Court.pdp is not on a better ground,inec has no power to decide who is qualified or not.only the 14 days could have counted but there was a candidate already

garfield1:


They side stepped because that is the only reason they can hang on to.any other prayer has to do with inec.no need to wait for him,he has made his case.let us see what the supreme court will do afterall they caused all this bsyelsa imbroglio

That reason is the most potent because that is what concerns them.
That says it all.
INEC released list of parties for an election, you did nothing.
You did not go to Court like Akpoti did.

You went to the election ground, you didn't see your name on the ballot.
21 days later....you did nothing.

Only to come up 3 months after....nonetheless you brought a candidate that was well off the Constitutional mark.
The Appeal Court judges should be laughing rn.

The màtter of disqualification or exclusion is INEC's wahala.

fergie001:

Alright Sir

So its now you are finding out? His partisan ship doesn't negate his views.he is the best here outside christiannorth who is a staunch pdp fellow.engineerboat is pdp.zoedew nowadays hardly contributes.kahal is apc.

My own question is, in this rerun election, if it holds, will Apc be allowed to contest?

garfield1:


You lie.in kogi,the app withdrew his case st the appeal Court.pdp is not on a better ground,inec has no power to decide who is qualified or not.only the 14 days could have counted but there was a candidate already

The APP withdrew at the Appeal Court, what happened at the FHC?

Very laughable.
The deputy was under 35 years as prescribed by the Constitution, and fell short of INEC's rules and guidelines as well as the Constitution.

Or you have forgotten that the Gov/Deputy have married themselves for the purpose of that election??

garfield1:


So its now you are finding out? His partisan ship doesn't negate his views.he is the best here outside christiannorth who is a staunch pdp fellow.engineerboat is pdp.zoedew nowadays hardly contributes.kahal is apc.

Story for the gods.
Most of his analysis I have noticed are biased...I only chose to respect his views, and still do...because they are his; and expecting I was wrong.

It is only today I found that he is a staunch APC member...I have called him out before and he told me he is non-partisan (infact he stresses it, even until yesterday).

Have you ever seen me call those ones you mentioned?
I know where they stand just like I know where you stand.

I call him because I expect unbiased analysis which unfortunately I know better today.

I can contend with one APC member, not a legion.

Let me even ask garfield1 a direct question?

I believe the substitution window for the Ondo Guber closed yesterday.

If INEC today releases the names of those to participate in the election and APC isn't on that list..What advice will you give to the APC?

I will be waiting for your answer..........

fergie001:
Let me hear what ejimatic will say.




AAA593

Lawyers will have reasons for their appeals .It is the duty of the judged to appraise the appeals and decide accordingly. The majority judgement in the case under review disagrees with the disqualification of ANDP candidate for the seat of DG on the following. grounds: 1. INEC has no legal right to disqualify any candidate or party.The duty of INEC is to supervise an election not to disqualify. Only Courts can do so.There are various judgments on this even in the SC.All those that have been removed from offices went through court processes. It is of interest to note that no law in our constitution and electoral act empowers INEC to disqualify a candidate.A party had a primary ,produced a candidate only to be rejected by INEC .It is unconstituional.I agree with the lead judgement that a fresh election should be conducted in Bayelsa. 2 On the issue of 14 days ,the majority judgement is of the opinion that it should start 14 February when Diri was declared winner since it is presumed by law that with the declaration of Diri election has been concluded. Then any appeal against it can come in....I agree with this conclusion.That is why ANDP went to tribunal after the declaration. Diri's Appeal: It is good for Diri to appeal since he was a respondent in the case.However I did not see in his appeal where issue of legality of INEC to disqualify ANDP candidate is mentioned. All is about status barred of 14 days. Justice Sirajo' s judgement : The judge in .his judgement agreed with the decision of the INEC to disqualify ANDP candidate.He did not talk about whether INEC has the right to do so or not.This is a grey area in his judgement. Additionally he did not talk about when the 14 days should start in the judgement. He only discussed INEC regulation which only a court of law can interpret and decide on. Appeal Matters arising: The appeal court will decide the follows: 1. Did the INEC have the poweer to disqualify candidates in view of previous judgement against that? 2 When did the 14 days of ANDP should start in view of the declaration of Diri on 14 February 2020? Conclusion: ANDP has a strong case at the tribunal appeal and SC[

ejimatic:

Noted

fergie001:

That reason is the most potent because that is what concerns them.
That says it all.
INEC released list of parties for an election, you did nothing.
You did not go to Court like Akpoti did.

You went to the election ground, you didn't see your name on the ballot.
21 days later....you did nothing.

Only to come up 3 months after....nonetheless you brought a candidate that was well off the Constitutional mark.
The Appeal Court judges should be laughing rn.

The màtter of disqualification or exclusion is INEC's wahala.

Pdp sold themselves short by claiming that cause of action started on election day,this HSS automatically killed the argument of it being a pre election case..AAA already said that andp originally filed against Lyon but withdrew it few days later and refiled again on 26 Feb.
Even justice sirajo has agreed that the 21 days starts from when the apex court declaration was made.

Therefore the two major issues for determination are if inec had the power to exclude and when the 21 days window for petitioning started.mind you,both of these prayers touches on judicial independence and ruling in favour of andp will strengthen judicial powers.think about that.
Even you have indirectly conceded that inec are not clothed with the powers to exclude candidates who didn't breach their guidelines.
You can help us solve the issue of the case being filed outside the 21 days.use your research ability to verify when the zamfara election petition cycle started counting,whether its from when inec declared apc or when supreme court declared pdp.

garfield1:

So cause of action has a start and end date?
Waoh.....

I am happy about the things I am reading here...I asked you a question up there...biko!

fergie001:

All you said....I concur
I like the way Diri's lawyers have side-stepped who should disqualify or not disqualify..and subscribed to the statute-barred thingy.

I am waiting for my ejimatic!

Are you sure this their statue barred will work? Have read the majority judgement? If you have not See how the tribunal ruled on the matter

Last page

fergie001:

Story for the gods.
Most of his analysis I have noticed are biased...I only chose to respect his views, and still do...because they are his; and expecting I was wrong.

It is only today I found that he is a staunch APC member...I have called him out before and he told me he is non-partisan (infact he stresses it, even until yesterday).

Have you ever seen me call those ones you mentioned?
I know where they stand just like I know where you stand.

I call him because I expect unbiased analysis which unfortunately I know better today.

I can contend with one APC member, not a legion.

you re guilty of what u accused ejimatic, just that u re playing it safe.
95% of re views and analysis on political discussion here is anti-Apc and pro PDP. Is there any court cases here that your views oppose pdp chances in court? Maybe few or it doesn't exist.

fergie001:

The APP withdrew at the Appeal Court, what happened at the FHC?

Very laughable.
The deputy was under 35 years as prescribed by the Constitution, and fell short of INEC's rules and guidelines as well as the Constitution.

Or you have forgotten that the Gov/Deputy have married themselves for the purpose of that election??

Is it in the power of inec to determine his age or disq him?

Obakashdee:
My own question is, in this rerun election, if it holds, will Apc be allowed to contest?

Fergie this should be your headache

odiks:


Are you sure this their statue barred will work? Have read the majority judgement? If you have not See how the tribunal ruled on the matter

Hahahaha......my dear odiks...please you have met us halfway..

We are closing church already.

fergie001:
Let me even ask garfield1 a direct question?

I believe the substitution window for the Ondo Guber closed yesterday.

If INEC today releases the names of those to participate in the election and APC isn't on that list..What advice will you give to the APC?

I will be waiting for your answer..........

Sorry pdp have answered that question

garfield1:


Fergie this should be your headache

No....14 days is my headache...Please answer the question I asked you nah, haba

garfield1:


Sorry pdp have answered that question

Hahahahahahahahahah

fergie001:

So cause of action has a start and end date?
Waoh.....

I am happy about the things I am reading here...I asked you a question up there...biko!

It seems you did not read the post

garfield1:


Is it in the power of inec to determine his age or disq him?

Some APC have answered that ?, Pls

fergie001:

No....14 days is my headache...Please answer the question I asked you nah, haba

The 14 days is not an issue here

garfield1:


It seems you did not read the post

Read your first line....When you say started means there is an end.

From a lay POV...let me explain.
Cause of action is an event that enables a person bring action on another.

In the case of Diri v Lyon....cause of action: APC submitted the name of a deputy who had issues with his names.

Alaibe v Diri: non-compliance with the PDP guidelines for the PDP primaries.

ANDP I suppose is claiming that they did not see their logo on the ballot.
They are not claiming anything wrt to the results.

How do you see the logo on ballot day, by going out to vote.

That is MY understanding.

garfield1:


The 14 days is not an issue here

Ok

Aaa594:

Before judgments are written judges will first vote among themselves on the side they stand not minding the evidence before the tribunal?

The majority vote wins and their opinion forms the final judgment..

Two of the judges voted for cancelation of the election not minding the evidence in the contrary..

The tribunal chairman just have to obey the rules of voting and the two others took d day..

But the chairman gave his minority judgment which clearly state the obvious as the constitution requires. 35yrs..and 14days window to approach the court.. Which ANDP fails to do...

This is why PDP is on a better ground.
Same case of 34yrs was in kogi too.. Apc and INEC won at the supreme

same case wasnt won by inec incase of natasha akpoti and a separate case of double registration was won by apc. natasha akpoti was included in the election
https://www.premiumtimesng.com/news/headlines/361440-kogi-governorship-court-orders-inec-to-recognise-sdp-candidate-natasha-akpoti.html

fergie001:

Hahahaha......my dear odiks...please you have met us halfway..

We are closing church already.

OK

badfuckerz:
same case wasnt won by inec incase of natasha akpoti and a separate case of double registration was won by apc. natasha akpoti was included in the election
https://www.premiumtimesng.com/news/headlines/361440-kogi-governorship-court-orders-inec-to-recognise-sdp-candidate-natasha-akpoti.html

Read that case very well...its different from the Bayelsa own.
In Kogi's case, Akpoti submitted the name of an under-aged Deputy 3 days to the deadline for submission.

3 days to the deadline for substitution....she submitted another.

INEC said No way....the first didn't meet up, so we won't accept the substitution even if the second met the Criteria.

She went to Court and Justice Giwa said...as long as she beats the deadline for substitution....she is fine.

Even if she submitted a 5 year old and changed it before substitution...there is no P with that.

In this Bayelsa case, they sent the name of an under-aged Deputy and only substituted when time had elapsed.

PS: APP did the same thing in Kogi and Bayelsa, the FHC Abuja upheld INEC's decision on excluding them.

fergie001:

Read your first line....When you say started means there is an end.

From a lay POV...let me explain.
Cause of action is an event that enables a person bring action on another.

In the case of Diri v Lyon....cause of action: APC submitted the name of a deputy who had issues with his names.

Alaibe v Diri: non-compliance with the PDP guidelines for the PDP primaries.

ANDP I suppose is claiming that they did not see their logo on the ballot.
They are not claiming anything wrt to the election or its results.

How do you see the logo on ballot day, by going out to vote.

That is MY understanding.

You are misapprehending the situation here.pdp claims that the cause of action here is from election day.pdp have formulated a cause of action.that is what the court will work with.if the court disagrees,the case is over.