ejimatic:
. The issue is Buni signed when he was still the governor. He signed as the acting chairman .The question who should sign? The constitution recignises a person who is the chairman to do do not a person who is a governor and serving as the chairman. Yet if Buni signed as a governor and as the acting chairman it does not affect the result of the election.....He signed not adt the governor but as the acting chairman My poidtion from the begining is that signature cannot be used to overturn the results of an election when serious issues raised were dismissed. There is a difference between btween banking sector and electoral matter. What applies to the former doesnot apply to the latter.Jegede only went to a journey of no return supported by the TB AC and SC judgements.

I see sense here

fergie001:

Electoral matters are more strict than even the banking sectors.

Signature means authentication....When you don't authenticate, it becomes invalid.

There is nothing as "too small or flimsy" in the eyes of the law. Have you not heard that a Party refused to clear a sitting Gov because his NYSC was Obasek and not Obaseki?

Have you also not heard that a Party sought the Supreme Court to disqualify its own candidate for saying he was born in 1968, rather than 1969?

What happens when you violate the Constitution? What is a Constitution?

There are penalties when you violate the Constitution...From the tribunal to the Supreme Court agreed that there was gross violation of the 1999 Constitution as well as the APC Constitution.

He signed as National Chairman but he was also Governor, the APC and INEC didn't disprove this.
That he was a Governor was incontrovertible.

However, the man should have said it himself. He should have been a Party. That is what the Supreme Court is saying.

Without that Signature/thumbprint, that document is invalid.

So, if Buni doesn't sign the document, and INEC rightly rejects the document, will Akeredolu stand in for election?

Will the APC have a candidate?

Yes,they will have a candidate.it is not cast in stone that the nomination form must be signed in a particular manner.it is just inec rules which is not constitutional and can be curbed by the signature of the secretary.from the electoral act,once a candidate emerges from a primary and a party sends the name,every other thing is formalities whether inec rejects or not

senatordave1:
The secretary can sign

Nomination/Sponsorship letter are compulsorily signed by the National Chairman and National Secretary...without which INEC won't touch it.

The secretary has his own Column.

senatordave1:
Yes,they will have a candidate.it is not cast in stone that the nomination form must be signed in a particular manner.it is just inec rules which is not constitutional and can be curbed by the signature of the secretary.from the electoral act,once a candidate emerges from a primary and a party sends the name,every other thing is formalities whether inec rejects or not

They have no candidate....

Supreme Court has averred INEC's right to uphold its laws. (I am quoting you now); See Zamfara v APC.

The ability of INEC only accepting candidates from the NWC is based on INEC laws.

The letter goes along with the name and is co-signed.

Is the bolded saying once the name is sent, INEC's rejection has no validity?

The Sponsorship letter is what encapsulates the Signature.

senatordave1:


Better face your pdp

Prepare for APC not having candidates nationwide in 2023.

fergie001:

See, there is little that can be done rn. The horse has left the stable.

They sized the South up with the 2019 election and saw what the "Kardashians" could do for them.

You need 24 States to be President, can a Southerner without Buhari and the North's support get 24 States? Let's be sincere here.

My fear isn't in getting a Southerner, just that they will get a Northerner from the South.

Lol.......... your last sentence though.

Indispensable85:
Lol.......... your last sentence though.

That's the truth.

fergie001:

Wike has not hidden his feelings that he doesn't want Atiku but Tambuwal.

PDP will zone North and most likely keep the SE as deputy, unless the APC pushes the SE as Deputy. If APC does, which is unlikely, PDP will take the deputy to SS.

Atiku is the only PDP candidate that can finance the election, that's the reality. The reason most Govs feel like, let it be his show.

On a Tambuwal v Atiku template again, Tambuwal will still lose.

For me, the only advantage Tambuwal has over Atiku is just age.

Aside age, what else is Tambuwal bringing to the table? Dude has been governor of Sokoto since 2015 with nothing spectacular to show.

I’d even prefer a Sule Lamido and Kwankwaso over Tambuwal.

Penguin2:


Prepare for APC not having candidates nationwide in 2023.

Funny.so you know pdp cannot win any elections with apc in iy

fergie001:

Nomination/Sponsorship letter are compulsorily signed by the National Chairman and National Secretary...without which INEC won't touch it.

The secretary has his own Column.

Is it covered by the electoral act?

Penguin2:


For me, the only advantage Tambuwal has over Atiku is just age.

Aside age, what else is Tambuwal bringing to the table? Dude has been governor of Sokoto since 2015 with nothing spectacular to show.

I’d even prefer a Sule Lamido and Kwankwaso over Tambuwal.

The problem is money.

PDP, as a Party, don't have money to run an election. Wike knows that and Atiku knows that.

Tambuwal, Lamido & Kwankwaso can't sail been from the same NW-region as Buhari.

fergie001:

They have no candidate....

Supreme Court has averred INEC's right to uphold its laws. (I am quoting you now); See Zamfara v APC.

The ability of INEC only accepting candidates from the NWC is based on INEC laws.

The letter goes along with the name and is co-signed.

Is the bolded saying once the name is sent, INEC's rejection has no validity?

The Sponsorship letter is what encapsulates the Signature.

Inec does not have the power to disqualify,reject or exclude except on constitutional basis or from a court order.the same supreme court has stated that disobedience to inec law/guidelines is not fatal.inec powers are clrlearly defined and except you provide where inec can reject a nomination form on non signing,it cannot hold water.

fergie001:


He already have signed for Uba..... There is nothing that can be done now.

I hope this time PDP legal team will file the processes rightly.

APC ceased to exist the day it went against its own constitution to appoint governor Buni as Acting Chairman while its constitution states that the chairman must not hold another office.

To make matters worse, the person here is a sitting Governor who is constitutionally barred from holding another office.

Except legal abracadabra happens at the courts, when properly challenged, everything APC has done since Buni took over is null and void.

senatordave1:


Funny.so you know pdp cannot win any elections with apc in iy

Yes!

So I hope you are getting ready for the disaster that will befall APC.

2023 will be an easy ride for PDP because evil APC will be without candidates.

Penguin2:


I hope this time PDP legal team will file the processes rightly.

APC ceased to exist the day it went against its own constitution to appoint governor Buni as Acting Chairman while its constitution states that the chairman must not hold another office.

To make matters worse, the person here is a sitting Governor who is constitutionally barred from holding another office.

Except legal abracadabra happens at the courts, when properly challenged, everything APC has done since Buni took over is null and void.

Take am easy oh.your very funny.with you challenge it for pdp?

Penguin2:


Yes!

So I hope you are getting ready for the disaster that will befall APC.

2023 will be an easy ride for PDP because evil APC will be without candidates.

You are funny.how will they be without candidates when buni will no longer be chairman by then?

senatordave1:
INEC does not have the power to disqualify,reject or exclude except on constitutional basis or from a court order.

Who is talking about disqualifying Uba?
He will participate but knows his foundation get k-leg.

The same Supreme Court has stated that disobedience to inec law/guidelines is not fatal.

This is very untrue. Infact, it is the brutal nature of INEC laws that cost APC in Zamfara.

INEC deriving its powers from Sections 85(1) of the Electoral Act and 222 of the Constitution have stated explicitly who should submit and sign the sponsorship letter for candidate(s).

The SC in Zamfara, said INEC is bound by its laws.

The singular reason Zamfara fell at first. Unless the Supreme Court says otherwise, it stands.

INEC powers are clearly defined and except you provide where INEC can reject a nomination form on non signing,it cannot hold water.

The SC has stated more than once, that an unsigned document is worthless and of no value.

a)Every political party shall submit the list of the candidates the party proposes to sponsor in Form CF 002 duly signed by the National Chairman and National Secretary of the Political Party.

This was sent to the NWC of all Political Parties after their Primaries.

senatordave1:


You are funny.how will they be without candidates when buni will no longer be chairman by then?

The convention which he supervised will be invalid and so would every leader that emerge from the convention.

I thought you know law?

THE IMPLICATION OF THE SUPREME COURT JUDGMENT TODAY IN JEGEDE VS AKEREDOLU AS IT AFFECTS THE APC IS THAT THE PARTY MUST HALT ALL PREPARATIONS AND CONDUCT OF CONGRESSES NATIONWIDE FORTHWITH

The Supreme Court by a narrow split decision today (4-3)held that GOV. AKEREDOLU cannot be removed as Governor of Ondo State. The little technical point that saved Gov AKEREDOLU was that Jegede failed to join GOV. Mai Mala Buni in the suit. Jegede was challenging the competence of Gov. Mai Mala Buni as a sitting Governor to run the affairs of the APC as Chairman of the Caretaker Committee. He contends that this is against Section 183 of the 1999 Constitution which states that a sitting Governor shall not, during the period when he holds office, hold any other executive office or paid employment in any capacity whatsoever. In other words, had Buni been joined in the suit, the story may have been different today as we would have lost Ondo State to the PDP.

Therefore, any other person affected by the actions of the Buni-led Committee will henceforth not fail to join him in any subsequent case in court. These includes any subsequent election matter in any part of this country and all the APC Congresses that are about to hold. The Supreme Court has just weaponised all those that would be aggrieved by the APC Congresses to proceed to court to Challenge the competence of the Buni-led CECPC to organise the Congresses and National Convention. The judiciary will subsequently destroy the entire structure of the Party from bottom to top. We are lucky the Supreme Court has just given us a great and useful hint to save our Party just before the beginning of our Congresses. We cannot gamble with this delicate issue. The time to act is NOW.

WHAT TO DO.

The planned Congresses across the country slated for this weekend must immediately be suspended because it will be an exercise in futility as analysed above. The competence of Gov. Mai Mala Buni to organise the congresses has been called to question by the Supreme Court.

FIRST OPTION

Firstly, the NEC of the Party can URGENTLY meet and consider and reconstitute the CECPC to exclude, not only Gov. Buni, but anyone holding ANY executive position in any government establishment as stipulated in Article 17 of the APC Constitution.

WHO SUMMONS NEC NOW AS THERE IS TECHNICALLY NO COMPETENT NATIONAL CHAIRMAN?

Under Article 25 of the APC Constitution, it is the National Chairman OR TWO-THIRDS OF MEMBERS OF NEC that can Summon a NEC meeting. Since we cannot vouch for the legality of any NEC meeting summoned by MAI MALA now, the safest is to get TWO-THIRDS of NEC members to sign an Invitation to summon a NEC meeting where the CECPC would be reconstituted and our Party would be safe.

SECOND OPTION

Alternatively, the Board of Trustees of the Party, which includes Mr. President, can be activated to organise a National Convention in line with Article 13 of the APC Constitution where it is given such powers. Those powers can be delegated at the meeting to a Committee in line with the APC Constitution which will run the Party and plan the Convention. The new Exco can then plan for Congresses.

Above are my humble and respectful suggestions to save our Party from imminent danger in the light of the Supreme Court judgment today. To ignore this and do otherwise would be tantamount to playing with fire and the opposition would simply wait till our Presidential Primaries in 2023 to disqualify our candidate and destroy the party.

I have done my professional bit to the Party. I can do no more.

FESTUS KEYAMO, SAN, FCIArb(UK)
Wednesday, July 28, 2021

This settles my position. No be me write am.

Unless they get an Ag. National Chairman, by Buni resigning between today & tomorrow,

Then submit another name other than Uba's.....I have no comment.

senatordave1 ejimatic kahal29 vicdom seerade029 indispensable85 penguin2

fergie001:

This settles my position.

You all can see that Uba is on borrowed time already.

senatordave1 ejimatic kahal29 vicdom seerade029 indispensable85 penguin2

That one is his own view which is largely correct which has not nullified or countered my earlier stand about the non signing of the nomination form by the chairman.the window for substitution is still open so Andy ubah can withdraw his form and present another signed only by the secretary

Penguin2:


The convention which he supervised will be invalid and so would every leader that emerge from the convention.

I thought you know law?

You are the one that doesn't know law.who will take it to court and invalidate it?

senatordave1:


That one is his own view which is largely correct which has not nullified or countered my earlier stand about the non signing of the nomination form by the chairman.the window for substitution is still open so Andy ubah can withdraw his form and present another signed only by the Secretary

No.....INEC laws says National Chairman and not or National Secretary.

I have answered the non-signing up Sir....You can look it up. You don't sign, it is invalid.

I also have edited my last comment before this.

fergie001:

Who is talking about disqualifying Uba?
He will participate but knows his foundation get k-leg.


This is very untrue. Infact, it is the brutal nature of INEC laws that cost APC in Zamfara.

INEC deriving its powers from Sections 85(1) of the Electoral Act and 222 of the Constitution have stated explicitly who should submit and sign the sponsorship letter for candidate(s).

The SC in Zamfara, said INEC is bound by its laws.

The singular reason Zamfara fell at first. Unless the Supreme Court says otherwise, it stands.


The SC has stated more than once, that an unsigned document is worthless and of no value.

a)Every political party shall submit the list of the candidates the party proposes to sponsor in Form CF 002 duly signed by the National Chairman and National Secretary of the Political Party.

This was sent to the NWC of all Political Parties after their Primaries.

You lie sir.I told you severally that what killed apc is the holding of primaries by swc instead of nwc...inec is bound by laws to the extend that it is constitutional.the powers of inec are stated clearly from section one to 50 in the 2010 electoral act.there is no place it provides penalty for a chairman not signing...

When it comes to matters if qualification and disq,the supreme court is always predictable.they always read directly from the constitution and marry it with the electoral act.non signing by a chairman is not a disqualifying matter.leave this matter...

You said a non signed document is worthless according to the court.the secretary will sign it.shikena

fergie001:

No.....INEC laws says National Chairman and not or National Secretary.

I have answered the non-signing up Sir....You can look it up. You don't sign, it is invalid.

I also have edited my last comment before this.

I repeat,inec laws is inferior to the disqualifying factors provided by both electoral act and the constitution.for inec to reject or exclude,it must have breached the qualification parameters.na wa to you...it is just like the card reader.inec said the constitution gave it powers to use it.the court said no,it has to be inserted into the law properly before it is legal....non signing by anybody at all is fatal,signing by someone is okay constitutionally

senatordave1:
You lie sir.I told you severally that what killed apc is the holding of primaries by swc instead of nwc...inec is bound by laws to the extend that it is constitutional.the powers of inec are stated clearly from section one to 50 in the 2010 electoral act.there is no place it provides penalty for a chairman not signing...

You see, you don't know how it all started.

The SWC conducted the Primary, and went to Court to authenticate it. The High Court in Gusau and the Appeal Court in Sokoto both upheld the SWC's argument.

NWC holding Primary is in the Constitution of Political Parties, where INEC enforced its own laws is that, it would not accept it unless it came from Oshiomhole.

Accepting from counter-signed National Chairman and Secretary is embedded in INEC laws. Tell me the section of the Electoral Act that states: The NWC must organise the Primary.

When it comes to matters of qualification and disq,the Supreme Court is always predictable.they always read directly from the constitution and marry it with the electoral act.non signing by a chairman is not a disqualifying matter.leave this matter...

You said a non signed document is worthless according to the court.the secretary will sign it. shikena

Tell me where in the Constitution where change of name is a disqualifying matter as in Degi?

You are 101% wrong.

Then why are you panicky?

senatordave1:
I repeat,inec laws is inferior to the disqualifying factors provided by both electoral act and the constitution.for inec to reject or exclude,it must have breached the qualification parameters.na wa to you...it is just like the card reader.inec said the constitution gave it powers to use it.the court said no,it has to be inserted into the law properly before it is legal....non signing by anybody at all is fatal,signing by someone is okay constitutionally

You are 101% wrong again.

What do you mean by inferior? Inferior, then the tribunal, Appeal Court and Supreme Court all agreed that Buni violated the Constitution by virtue of the signature on form CF002?

What do you mean by Okay, Constitutionally?

No law or Constitution is inferior......A law is only inferior if it clashes with the 1999 Constitution.

What do you want me to understand again?

Is it not clear as thin air?

fergie001:

You see, you don't know how it all started.

The SWC conducted the Primary, and went to Court to authenticate it. The High Court in Gusau and the Appeal Court in Sokoto both upheld the SWC's argument.

NWC holding Primary is in the Constitution of Political Parties, where INEC enforced its own laws is that, it would not accept it unless it came from Oshiomhole.

Accepting from counter-signed National Chairman and Secretary is embedded in INEC laws. Tell me the section of the Electoral Act that states: The NWC must organise the Primary.


Tell me where in the Constitution where change of name is a disqualifying matter as in Degi?

You are 101% wrong.

Then why are you panicky?

I am not panicky,I am actually right.what matters is what the supreme court says not what the lower court says.you yourself have said it severally that the apex court has given nwc powers to conduct primaries and supreme court rulings are like prevailing laws.primaries are conducted the way party constitution states and the apc constitution empowers nwc to do so....I have told you that why apc failed in zamfara is non holding of primaries by nwc and not the reasons inec gave...
In the case of degi,the supreme court interpreted his change of name as a breach of that section of the electoral act that talks about false information.whether true or not,it becomes law....

Inec cannot manufacture its own disqualifying or exclusion parameter,it must follow what our laws says.even the inec law that you posted does not stipulate any specific sanctions...trying to say that inec has the power to disqualify by its own laws is like saying that the card reader is now a parameter for election cancellation.

According to you,the supreme court has stated that a non signed document is worthless.it has not said non signing by a chairman is now a disq factor.until then,I am right sir

fergie001:

You are 101% wrong again.

What do you mean by inferior? Inferior, then the tribunal, Appeal Court and Supreme Court all agreed that Buni violated the Constitution by virtue of the signature on form CF002?

What do you mean by Okay, Constitutionally?

No law or Constitution is inferior......A law is only inferior if it clashes with the 1999 Constitution.

What do you want me to understand again?

Is it not clear as thin air?

You are actually wrong on the contrary.the constitution has clearly stated that buni as a governor cannot hold another post and holding of another post is illegal.this is a disqualifying condition direct from the constitution not from inec laws.you are confusing yourself,I never said buni signing the document is legal.get me right.I am saying that if only a secretary signs,it is still legal...

Inec use of card reader clashed with the constitution.on that same regard,inec exclusion of a form signed by just a secretary is also clashing with the constitution....

senatordave1:
I am not panicky,I am actually right.what matters is what the supreme court says not what the lower court says.you yourself have said it severally that the apex court has given swc powers to conduct primaries and supreme court rulings are like prevailing laws

Please, where did I say the SC has given SWC powers?
Please, I never said that.

Primaries are conducted the way party constitution states and the APC constitution empowers nwc to do so....I have told you that why apc failed in zamfara is non holding of primaries by nwc and not the reasons inec gave...

Both reasons are not mutually exclusive.

For example, Ngige and 10 aspirants of APC have insisted that there was no Primary in Anambra.
Even INEC's report confirms it, but the NWC submitted Uba, is his name not there?
Any Aspirant who is aggrieved, should go to Court.

In the case of degi,the supreme court interpreted his change of name as a breach of that section of the electoral act that talks about false information whether true or not,it becomes law....

Good........but it is not in the disqualifying factors for a Governorship candidate as enshrined in the Constitution. Is it?

INEC cannot manufacture its own disqualifying or exclusion parameter,it must follow what our laws says.even the inec law that you posted does not stipulate any specific sanctions...trying to say that INEC has the power to disqualify by its own laws is like saying that the card reader is now a parameter for election cancellation.

The SC has ruled on the Card reader issue, INEC laws must bow to it....infact, even section 140(2) of the Electoral Act has bowed to the Court.

But the SC also have said INEC is bound by its laws and guidelines in Zamfara....that's what I am saying.

According to you,the supreme court has stated that a non signed document is worthless.it has not said non signing by a chairman is now a disq factor.until then,I am right Sir

INEC has given these guidelines to Parties.

When an election is coming up....Who draws guidelines for political parties to conduct Ward Congresses, Delegates, Primaries, etc?
Now, what will happen if a Political Party does not follow these strict guidelines as stipulated by INEC?

senatordave1:


You are actually wrong on the contrary.the constitution has clearly stated that buni as a governor cannot hold another post and holding of another post is illegal.this is a disqualifying condition direct from the constitution not from inec laws.you are confusing yourself,I never said buni signing the document is legal.get me right.I am saying that if only a secretary signs,it is still legal...

Inec use of card reader clashed with the constitution.on that same regard,inec exclusion of a form signed by just a secretary is also clashing with the constitution....

I know you understand what I am saying....

The Signature is a product of INEC laws and not the Constitution. The Court however, has said INEC should enforce its guidelines. The SC has answered your question already....unless they reverse themselves, both will sign.

How is the Secretary clashing with the Constitution? Where does the Constitution say anybody can sign?

To answer your question....see a letter attached below.
APC themselves knew and allowed only the Secretary to sign for the Primaries, INEC refused and returned it to them that the National Chairman must sign.

fergie001:

I know you understand what I am saying....

The Signature is a product of INEC laws and not the Constitution. The Court however, has said INEC should enforce its guidelines. The SC has answered your question already....unless they reverse themselves, both will sign.

How is the Secretary clashing with the Constitution? Where does the Constitution say anybody can sign?

To answer your question....see a letter attached below.
APC themselves knew and allowed only the Secretary to sign for the Primaries, INEC refused and returned it to them that the National Chairman must sign.

This thing is a simple matter,you are just making it hard.the court has not ruled on this that is why inec is behaving so.same supreme court that says inec should enforce its guidelines also said a breach of the guidelines is not fatal.same guidelines allowed inec to use the card reader which the court rejected.commonsensically,it means that inec can enforce its guidelines to a limit to the extent that it does not breach the disq factors spelt out by both the electoral act and the constitution....

Whenever a disqualification matter comes up,the supreme court has always turned to the constitution and electoral act and never to inec guidelines please.inec rejection of apc letter doesn't make it legal.the wise thing to do is to accept it and let the courts handle it.

fergie001:

Please, where did I say the SC has given SWC powers?
Please, I never said that.


Both reasons are not mutually exclusive.

For example, Ngige and 10 aspirants of APC have insisted that there was no Primary in Anambra.
Even INEC's report confirms it, but the NWC submitted Uba, is his name not there?
Any Aspirant who is aggrieved, should go to Court.


Good........but it is not in the disqualifying factors for a Governorship candidate as enshrined in the Constitution. Is it?


The SC has ruled on the Card reader issue, INEC laws must bow to it....infact, even section 140(2) of the Electoral Act has bowed to the Court.

But the SC also have said INEC is bound by its laws and guidelines in Zamfara....that's what I am saying.


INEC has given these guidelines to Parties.

When an election is coming up....Who draws guidelines for political parties to conduct Ward Congresses, Delegates, Primaries, etc?
Now, what will happen if a Political Party does not follow these strict guidelines as stipulated by INEC?

I meant to say nwc,I corrected it.anyway,you have indirectly conceded to me.disqualification factors are not just in the constitution but also in the electoral act.I never said there are in the constitution alone....

The guidelines are drawn from the electoral act...infact,all penalties from a breach of any guidelines are stipulated whether through fines or otherwise.it is clearly spelt out.I am afraid there is no penalty for a chairman not signing.whatever inec is doing,there are on their own and I am sure it will not survive in courts.inec is not a lawmaking body,it is the duty of the nass and there have clearly stated what can lead to disqualification....

If you look at the electoral act from the beginning part,you will see where it dwells on nomination.inec adding any extraneous thing is illegal.inec trying to exclude any party from outside what our laws says is illegal.


Let me simplify it.the electoral act says the only means of accreditation is manual.inec tried to add card reader and failed.inectrying to add new disq factor will also fail...


The only guideline that can lead to disqualification will be submitting names outside the inec window or doing primaries outside window but dont forget that the electoral act already legalized this when it provided inec deadlines as to when to conduct primaries and paste names before elections