Agboriotejoye:


The SC has never ruled on a governor taking up an executive office. As you can see, Malami's argument is that the position of chairman of a political party is not executive, to borrow his word "meritless". So you can see that even he recognized that it's a constitutional matter.

It would have been different if a party chairman appointed a governor to oversee the conduct of congress. But a governor functioning as chairman is another kettle of fish entirely as the SC as shown.

That same supreme court has told you that only party members can sue their party to court....once it borders on political matters,jurisdiction is restricted to only a few.it is the same thing as taking a constitutional matter to court after 14 days has elapsed.

fergie001:

PDP had locus and came through the tribunal.

Who can challenge an election;
The Aspirant, National Chairman or his Political Party

Jegede & PDP challenged the return of Akeredolu as Governor.
The tribunal gave them locus.



Courts don't touch cases that are for theoretical purposes.

1. If the Court says Buni violated the Constitution, will APC be a Party to the suit? Yes, they have to.

2. If APC is Party to the suit, what are the prayers sought for by SERAP?

APC will argue that the case is non-justiceable.
What is the business of SERAP in the internal affairs of the APC?

That's why the only place PDP held them by was Buni's signature. Take out that signature, PDP gat nothing on Buni.

Gbam.if he isn't convinced by this,let's leave the thread for them to wallow in ignorance

garfield1:


What are his interests in those states? Since buni came in,have you seen anyone suing him?

All the dogs are patiently waiting to see where the bone will swing. The most injured party in the entrance of Buni is the Tinubu group who for now have chosen to lick their wounds silently and see how things pan out. Even the congress has had court cases in like three states already.

As I expect, the outcome of the so-called congresses and eventual convention will bring losers out of the four blocs fighting for control of the party against the general elections. That's when katakata go scatter. As you can see, Keyamo and Banire are already showing their cards already. You should be able to read between the lines.

What APC is experiencing now is the calm before the storm.

Agboriotejoye:


Don't mind him. His head is so buried in APC he fails to see the bigger picture of the governorship that is involved.

Even fergie001 disagrees with you.is his head also buried in apc? Behave and stop the show of shame

garfield1:


Which part of the constitution states so?

You seem to have forgotten that section 183 doesn't say the Governor shall not be APC chairman, it says he can not hold other executive positions.

This APC situation is just an instance of the very many situations that constitute executive positions.

The only constant in section 183 is the Governor which makes this not an internal APC issue.

This case wouldn't have gone any different if Buni was MD of a bank.

Agboriotejoye:


All the dogs are patiently waiting to see where the bone will swing. The most injured party in the entrance of Buni is the Tinubu group who for now have chosen to lick their wounds silently and see how things pan out. Even the congress has had court cases in like three states already.

As I expect, the outcome of the so-called congresses and eventual convention will bring losers out of the four blocs fighting for control of the party against the general elections. That's when katakata go scatter. As you can see, Keyamo and Banire are already showing their cards already. You should be able to read between the lines.

What APC is experiencing now is the calm before the storm.

You arw funny.you have shifted from pdp taking apc to court to apc collapsing.even your darling pdp has problems.the so called court cases in those states are not against buni but against the other faction.banire and keyamo have little political value.stop wasting your time,whichever apc factions emerges victorious will still comfortably thrash pdp.sorry

fergie001:

PDP had locus and came through the tribunal.

Who can challenge an election;
The Aspirant, National Chairman or his Political Party

Jegede & PDP challenged the return of Akeredolu as Governor.
The tribunal gave them locus.



Courts don't touch cases that are for theoretical purposes.

1. If the Court says Buni violated the Constitution, will APC be a Party to the suit? Yes, they have to.

2. If APC is Party to the suit, what are the prayers sought for by SERAP?

APC will argue that the case is non-justiceable.
What is the business of SERAP in the internal affairs of the APC?

That's why the only place PDP held them by was Buni's signature. Take out that signature, PDP gat nothing on Buni.

As I already pointed out, SERAP's prayers is that Buni should vacate the office of chairman of APC because his being there is an infraction on the constitution.

PDP had no need to go to court before the elections because they would be unwittingly helping APC to correct an anomaly if they had done that. Just as PDP have not gone to court on the Anambra case which is similar. It is about striking where the iron is hottest.

SERAP's concern is different. It is to seek relief for the citizens of Yobe state that their governor has not right to take up another employment while being in office. It is to compel Buni to respect the provisions of the constitution. The effect of course will affect the APC which is why they will be joined in the matter.

But what SERAP seeks is different from what PDP seeks.

fergie001:

He did, it was struck out by Justice Taiwo Taiwo.

On what grounds

Agboriotejoye:


On what grounds

Some technical terms. His lawyer was also Jegede's lawyer.

chloride6:


You seem to have forgotten that section 183 doesn't say the Governor shall not be APC chairman, it says he can not hold other executive positions.

This APC situation is just an instance of the very many situations that constitute executive positions.

The only constant in section 183 is the Governor which makes this not an internal APC issue.

This case wouldn't have gone any different if Buni was MD of a bank.

That section has been handicapped by the supreme court which has declared that only party members can activate it...in that same constitution,section 177 talks about what can qualify and disqualify a governor yet the court has stated that only candidates in an election have locus.

garfield1:


That same supreme court has told you that only party members can sue their party to court....once it borders on political matters,jurisdiction is restricted to only a few.it is the same thing as taking a constitutional matter to court after 14 days has elapsed.

As I still insist. The governor of Yobe committing an infraction against the constitution is not a political matter or a party affair, it is a constitutional matter that can even border on impeachment if the state legislature was up and doing.

garfield1:


Even fergie001 disagrees with you.is his head also buried in apc? Behave and stop the show of shame

Fergie's argument is that of locus. He does not argue that it is a constitutional matter.

Your own is that of claiming it is an internal party matter.

Two different things. Don't hide under him.

garfield1:


That section has been handicapped by the supreme court which has declared that only party members can activate it...in that same constitution,section 177 talks about what can qualify and disqualify a governor yet the court has stated that only candidates in an election have locus.

Stop twisting the law.

Section 183 doesn't exist for party members alone.
If it did, it would explicitly say so.

Mai Buni illegality is much more than the internal squabbles of a party, it bother on conflict of interests (holding public and private trust) as well as dereliction of duty to the state of Yobe.

Agboriotejoye:


As I already pointed out, SERAP's prayers is that Buni should vacate the office of chairman of APC because his being there is an infraction on the constitution.

PDP had no need to go to court before the elections because they would be unwittingly helping APC to correct an anomaly if they had done that. Just as PDP have not gone to court on the Anambra case which is similar. It is about striking where the iron is hottest.

SERAP's concern is different. It is to seek relief for the citizens of Yobe state that their governor has not right to take up another employment while being in office. It is to compel Buni to respect the provisions of the constitution. The effect of course will affect the APC which is why they will be joined in the matter.

But what SERAP seeks is different from what PDP seeks.

How many times will they tell you that the supreme court has times without number declared those who have locus? Same constitution stated that parties must organise primaries before election.pdp in 2015 took ortom to court since he did not emerge from any apc primaries.the court declared that only apc aspirants have locus.why didn't it say all Benue people or any apc member?

Agboriotejoye:


Fergie's argument is that of locus. He does not argue that it is a constitutional matter.

Your own is that of claiming it is an internal party matter.

Two different things. Don't hide under him.

It being an internal matter has estopped the process.the court has decided who has locus on such cases

chloride6:


Stop twisting the law.

Section 183 doesn't exist for party members alone.
If it did, it would explicitly say so.

Mai Buni illegality is much more than the internal squabbles of a party, it bother on conflict of interests (holding public and private trust) as well as dereliction of duty to the state of Yobe.

Why didn't ordinary nigerians sue buhari for not being qualified or for rigging since his victory extends beyond party lines? All nigerians should be able to sue buhari to court na and get him disqualified.

Yobe people do not have locus because no matter what,he remains governor whether he is guilty or not.it is the other people that are affected in his other illegal position that have that locus.since he is illegally leading apc,only apc has that locus...

garfield1:


You arw funny.you have shifted from pdp taking apc to court to apc collapsing.even your darling pdp has problems.the so called court cases in those states are not against buni but against the other faction.banire and keyamo have little political value.stop wasting your time,whichever apc factions emerges victorious will still comfortably thrash pdp.sorry

You see yourself again? You fail to understand what I explained and turned it to a PDP vs APC matter. For someone who claims to be a Nigerian political expert, you appear so myopic.
Let me remind you that what is happening in APC is not new. Same happened in PDP. It's a question of where the carcass are, there the vultures will be.
So forget about PDP for a moment and watch the political drama unfolding.
It's not about political value. What you call political value changes like weather. Oshiomole was a power by this time last year.
Buhari was once a serial loser.
OBJ was once a kingmaker.
Get the right perspectives on issues instead of buttlicking anything APC

Agboriotejoye:
As I already pointed out, SERAP's prayers is that Buni should vacate the office of chairman of APC because his being there is an infraction on the constitution.

This has been explained earlier.

PDP had no need to go to court before the elections because they would be unwittingly helping APC to correct an anomaly if they had done that. Just as PDP have not gone to court on the Anambra case which is similar. It is about striking where the iron is hottest.

PDP cannot go to Court on this matter. Only an APC member who participated in the Primary can.
Daniel v INEC, Emenike v PDP, Dingyadi v INEC, Sylva v PDP, etc.

Where PDP comes in is if the candidature of Uba as a person, say his qualifications and all that has k-leg. Diri & PDP v Degi

SERAP's concern is different. It is to seek relief for the citizens of Yobe state that their governor has not right to take up another employment while being in office.

Does SERAP have a branch in Damaturu?
Have they shown cause or evidence that Yobe citizens indeed asked for that relief?

If they are tired of the Gov, the removal of a Gov is well-detailed.

The day they do that.....they will get a thorough dressing down from the Court.

It is to compel Buni to respect the provisions of the constitution. The effect of course will affect the APC which is why they will be joined in the matter.

No Court in this land can compel a Governor, Deputy Governor, President, Vice President to do anything.

The judge stops at passing the judgement and that's all. When the Supreme Court ruled that Obasanjo should refund Lagos State, did he?
For 2.5years, did he?

In 1999, even Tinubu volunteered to waive his immunity for an issue in Court...and the Court said NO, you cannot waive it.

fergie001:

Some technical terms. His lawyer was also Jegede's lawyer.

Then the substance of the case still subsists just as we have here

Agboriotejoye:


Then the substance of the case still subsists just as we have here

He has abandoned his appeal.

Agboriotejoye:


You see yourself again? You fail to understand what I explained and turned it to a PDP vs APC matter. For someone who claims to be a Nigerian political expert, you appear so myopic.
Let me remind you that what is happening in APC is not new. Same happened in PDP. It's a question of where the carcass are, there the vultures will be.
So forget about PDP for a moment and watch the political drama unfolding.
It's not about political value. What you call political value changes like weather. Oshiomole was a power by this time last year.
Buhari was once a serial loser.
OBJ was once a kingmaker.
Get the right perspectives on issues instead of buttlicking anything APC

Oshiomhole is still a power force in edo apc and edo north.obj still have influence.I am not interested in the political squabble in apc,it is normal In a parties.they will always be conflict.the summary is that only apc members can question buni chairmanship and apc will still retain power come 2023.whether tinubu is fighting buhari abi amechi is of no interest to me...

Agboriotejoye:


As I still insist. The governor of Yobe committing an infraction against the constitution is not a political matter or a party affair, it is a constitutional matter that can even border on impeachment if the state legislature was up and doing.

That means a party not holding primaries and a governor not being qualified is an infraction and a constitutional matter that can be challenged by any Nigerian right?

garfield1:


How many times will they tell you that the supreme court has times without number declared those who have locus? Same constitution stated that parties must organise primaries before election.pdp in 2015 took ortom to court since he did not emerge from any apc primaries.the court declared that only apc aspirants have locus.why didn't it say all Benue people or any apc member?

You keep confusing yourself. How does how a party decide to do their primaries compare with a constitutional question?
The constitution does not state how primaries should be held or how delegates should emerge. The constitution also says primaries is for members of the party. But a governor is for the whole state not members of his party alone. Can you digest and dissect that?

garfield1:


It being an internal matter has estopped the process.the court has decided who has locus on such cases

The position of a governor is not an internal matter of a party. Get that straight.

[s]

Frigga13:
APC is a Buhari movement..

2023... ends Apc in Nigeria.. reason why the soldiers ants in the government are desperately looting and destroying the country with reckless abandon.

They just don’t care.

How can a government be this aggressive to its citizens.. no empathy..no good thought.. very mean..

Why?

.... and some humans still shamelessly the push for Tinubu President.

[/s]

garfield1:


Why didn't ordinary nigerians sue buhari for not being qualified or for rigging since his victory extends beyond party lines? All nigerians should be able to sue buhari to court na and get him disqualified.

Yobe people do not have locus because no matter what,he remains governor whether he is guilty or not.it is the other people that are affected in his other illegal position that have that locus.since he is illegally leading apc,only apc has that locus...

Your attempts at legitimising your opinion is feeble at best.

What Nigerians choose to do or not to do doesn't constitute law. It's surprising you would even make that an argument.

The people of Yobe have locus because they have a right to invoke the constitution to ensure that their governor isn't conflicted.

Section 183 exist for a wide range of scenarios not just APC nonsense.

Have you ever seen a Governor hold other executive positions before?

The people of Yobe have locus here.

Agboriotejoye:


You keep confusing yourself. How does how a party decide to do their primaries compare with a constitutional question?
The constitution does not state how primaries should be held or how delegates should emerge. The constitution also says primaries is for members of the party. But a governor is for the whole state not members of his party alone. Can you digest and dissect that?

This is a simple matter that Garfield is making hard.

Agboriotejoye:


You keep confusing yourself. How does how a party decide to do their primaries compare with a constitutional question?
The constitution does not state how primaries should be held or how delegates should emerge. The constitution also says primaries is for members of the party. But a governor is for the whole state not members of his party alone. Can you digest and dissect that?

Section 177 States qualification for a governor.if he is not qualified,who can take him to court?

chloride6:


Your attempts at legitimising your opinion is feeble at best.

What Nigerians choose to do or not to do doesn't constitute law. It's surprising you would even make that an argument.

The people of Yobe have locus because they have a right to invoke the constitution to ensure that their governor isn't conflicted.

Section 183 exist for a wide range of scenarios not just APC nonsense.

Have you ever seen a Governor hold other executive positions before?

The people of Yobe have locus here.

So the people of yobe have locus if their governor has a fake ssce?

Agboriotejoye:


The position of a governor is not an internal matter of a party. Get that straight.

The position of a party chairman is a party affair.can you digest that?

garfield1:


So the people of yobe have locus if their governor has a fake ssce?

Having a fake ssce isn't in the same vein as holding executive positions.

One is a question of eligibility to the office of Governor, the other is a question if properly executing the office of the governor.

Hope it's clear.

fergie001:

This has been explained earlier.


PDP cannot go to Court on this matter. Only an APC member who participated in the Primary can.
Daniel v INEC, Emenike v PDP, Dingyadi v INEC, Sylva v PDP, etc.

Where PDP comes in is if the candidature of Uba as a person, say his qualifications and all that has k-leg. Diri & PDP v Degi


Does SERAP have a branch in Damaturu?
Have they shown cause or evidence that Yobe citizens indeed asked for that relief?

If they are tired of the Gov, the removal of a Gov is well-detailed.

The day they do that.....they will get a thorough dressing down from the Court.


No Court in this land can compel a Governor, Deputy Governor, President, Vice President to do anything.

The judge stops at passing the judgement and that's all. When the Supreme Court ruled that Obasanjo should refund Lagos State, did he?
For 2.5years, did he?

In 1999, even Tinubu volunteered to waive his immunity for an issue in Court...and the Court said NO, you cannot waive it.

All points noted and taken but where I disagree is that of a court compelling or not. SC said OBJ should refund Lagos state money to the LGs mentioned in the constitution. He refused. But at least the court asked him to. It's the same thing here. If the court asks Buni to step aside, even if he refuses to, the fact is in the eyes of the courts, he is no longer a chairman of the party. I'm sure you'll agree the implications of that on the issues of the party.