Alright!

fergie001:
The Supreme Court is the highest Court of the land.

Fake

Supreme Court conducted a sham trial, Lawan dat is not even qualified to even be a defendent on the case but has now won the candidacy, isn't this funny to say d least, abracadabara has been done and they have bent reason to its elastic limit and have attempted to play on d intelligence of common Nigerians, like Machina rightly said this is a clear case of "Daylight robbery"they av played the "Supreme Court governor" Album again, and this time around they av messed with the wrong person, so sad A Supreme Court can reduce itself to this level, is on them, INEC Has a law in place and can appeal the case again at now extra costs to the defendants, the Supreme Court justices needs to be reviewed ) this time they would av to defend Machina themselves and tell the court why Machina is the rightful candidate and not Lawan, this case is dead on arrival

When the appeal begins the Supreme Court should hold an open court session open to the public that must be televised in respectable stations , this imposition of fake candidates on common Nigerians needs to stop ✋

'N/B if this nonsense doesn't stop, elections in nugeria are now going to be decided by the Supreme Court and not the people, Supreme Court Justices are now going to be the destination for Nigerians common wealth 💲 💵 💰 , Supreme Court governors springing up here and there

SC has been reduced to kangaroo court under Buhari-led government.We saw what transpired in cases of Ihodia vs Uzodinma as well as Oyetola vs Adeleke.

What kind of question is this? It is the courts that can interpret the law and the supreme court is the highest court so INEC has no choice than to obey the supreme court judgment. Although I think that the learned justices that gave the majority judgment were in error. There are many ways an allegation of fraud Can be proved. It can either be by oral or documentary evidence though the burden still has to be beyond reasonable doubt. I agree that Machina was able to discharge that burden.

The oppositions have the key now, the guy should go through them.

shanaka4u:
What kind of question is this? It is the courts that can interpret the law and the supreme court is the highest court so INEC has no choice than to obey the supreme court judgment. Although I think that the learned justices that gave the majority judgment were in error. There are many ways an allegation of fraud Can be proved. It can either be by oral or documentary evidence though the burden still has to be beyond reasonable doubt. I agree that Machina was able to discharge that burden.

Machina’s case was thrown out based on technicalities by the majority judgement.
That doesn't mean that they properly interpreted the Electoral Act.

It will shock you that PDP is already filing their case . If Lawan wins , whoever comes 2nd is heading straight to court . APC should have just allowed machina go unless they want to make sure that APC loses the seat to punish Machina .

That's just itThat's just it...

So, the opposition has an automatic senator from Yobe state even before election.

Inec will followed the supreme Court order.. because the fault is from machina lawyer not the electoral law..

Wahala wahala wahahla

Leaders are now elected in courts. Wonderful.

Thanksful:
Then APC no get candidate be that. Electoral act must be obeyed

Supreme is Supreme and nothing more or less even though I share the view that the young politician was robbed by the APC , my Party in collaboration with the Supreme Court.

blaise26abj:
It will shock you that PDP is already filing their case . If Lawan wins , whoever comes 2nd is heading straight to court . APC should have just allowed machina go unless they want to make sure that APC loses the seat to punish Machina .

Na mumu you be.

You want supreme court justices to adjudicate on pre-election matter strictly internal of APC?

Its rather simple. In the eyes of the Court the Machina primaries are a nullity. It is as good as saying it never happened.

Malory:
It is high time that INEC should start obeying electoral act than all these black market supreme court judgements. How can few people that calls themselves 'Justice' be imposing leaders on the masses? Just like they did in Imo state and today Imo is in turmoil. Enough of this madness.

The same way, they did in Bayelsa.

Useless hypocrite

Supreme Court!
Supreme is the Highest Court of the Land.
They could overturn the Presidential Elections if there is proof.

https://www.youtube.com/watch?v=hRpSnzL79Zw

Heathrow44:
Supreme Court conducted a sham trial, Lawan dat is not even qualified to even be a defendent on the case but has now won the candidacy, isn't this funny to say d least, abracadabara has been done and they have bent reason to its elastic limit and have attempted to play on d intelligence of common Nigerians, like Machina rightly said this is a clear case of "Daylight robbery"they av played the "Supreme Court governor" Album again, and this time around they av messed with the wrong person, so sad A Supreme Court can reduce itself to this level, is on them, INEC Has a law in place and can appeal the case again at now extra costs to the defendants, the Supreme Court justices needs to be reviewed ) this time they would av to defend Machina themselves and tell the court why Machina is the rightful candidate and not Lawan, this case is dead on arrival

When the appeal begins the Supreme Court should hold an open court session open to the public that must be televised in respectable stations , this imposition of fake candidates on common Nigerians needs to stop ✋

'N/B if this nonsense doesn't stop, elections in nugeria are now going to be decided by the Supreme Court and not the people, Supreme Court Justices are now going to be the destination for Nigerians common wealth 💲 💵 💰 , Supreme Court governors springing up here and there

I havent followed the case but usually you cannot just go to Supreme court. You have to start with the lower courts before they hear your case if it has merits.

BluntCrazeMan:
The Supreme Court on Monday (6th February, 2023) dismissed Sheriff Bashir Machina, and declared Ahmed Lawan as the Winner of the Yobe North Senatorial Candidate.


The Majority Judgement of the Supreme Court ruled that: “Bashir Machina violated THE COURT RULES, by commencing his court action with a ‘WRIT OF SUMMONS’ instead of an ‘ORIGINATING SUMMONS’, and therefore, his case shouldn't have been entertained by any of the lower courts in the first place.
(These are all technical terms that has to do with the court processes.. Lawyers are supposed to be very conversant with these terms..)

But then..
According to the Electoral Act 2022 (Section:33); it states thus:

Bashir Machina won the APC’s Nomination on the 28th of May 2022 (by the primaries that was conducted by the APC, and monitored by the INEC), and it was never disputed by the APC in any Court of Law.
Thus,, the Victory of Machina was (and is still) very valid, and was never disputed nor discarded, even though the APC never submitted Bashir Machina’s name to the INEC as the person who won the Nomination Ticket.

The APC just decided to come up with a replacement for Machina, that is, after the newly conducted Primaries which they did on the 9th of June.
But then, they didn't fulfill all the necessary requirements of the Electoral Act for the process of replacement of an already-nominated candidate.
The APC might be assuming in this case that they had not submitted Machina’s name as the Nominated Candidate yet, so, there is no need for any “Replacement” or “Substitution”, rather, for them to submit the name of their candidate which was elected in a supposedly “Validly Conducted Primaries”.

Now, let us assume that the Senatorial Primaries of 28th May 2022 was null-and-void, and shouldn't be taken as the authentic primaries.
(Like I pointed out earlier, APC cannot assume this particular situation, because the primaries actually took place, and they -- the APC -- recognized that they conducted it, and they didn't dispute it.)

So, Let Us look at the Senatorial Primaries which took place on the 9th of June 2023.
The APC didn't adhere strictly to the Electoral Act 2022 (Section:82; Sub-sections-1 & 5) which states thus:

a. The APC never gave proper notification to the INEC for the Primaries which they conducted on the 9th of June 2022. (But they notified INEC about the Primaries which they conducted on the 28th of May, 2022).

b. The INEC didn't monitor the primaries which took place on the 9th of June 2022, (but they duly monitored the primaries which took place on the 28th May, 2022)


From all indications, Dr. Ahmed Lawan is NOT QUALIFIED.


So, what then is supposed to be the outcome of the recent Supreme Court Judgement?

Since the APC did not accept Bashir Machina Candidacy, and thus got his case trashed by the Supreme Court Judgement based on technicalities, and then also, being that Dr. Ahmed Lawan is not qualified to be the APC Senatorial Candidate based on the requirements of the Electoral Act;
then, THE STATUS-QUO REMAINS.
That means, APC has no Senatorial Candidate for Yobe-North Senatorial District Election come February 2023.

Supreme Court was right. Go and read the judgment. The case was not determined on the merit. So no confusion here.

The court didn’t make pronunciations on Section 115 nor did it interpret the law. The law stands as it is.

Allegations of fraud must be proved by oral evidence and not by way of affidavit evidence.

He, Machina, commenced his action by an originating summons which was in tandem with the practice direction but ran foul of the rules of court.

This is not the first time the apex court has deliver judgment on the fact that issues of fraud, which must be proved beyond reasonable doubt, must be commenced by a writ and not originating summons. It’s a bit trickish but the law is blind.

The Supreme Court didn’t even get an opportunity to decide the case in the merit as it concerns Section 115 of the Electoral Act.

The question before the court was whether or not the action was validly commenced and the court answered in the negative.

That’s all.

Don’t confuse the public. Ejoor.

I rest my case

opalu:
There need to be a law banning the courts from meddling in the Choice of the People. Supreme court is biting more than it can chew. That CJN is a politician based on his recent comments and he needs to be replaced

This is it, that's what I've been saying.

At best the court can order a re-run, but should never be given the powers to declare a different winner.

For me the matter could still be filed as Writ of Summons considering that the APC refused to submit his name to INEC after winning the primaries, which automatically made it a contentious issue.

The SC is making Nigeria a lawless country by their judgment

How can you commence an action for pre election matters with writ of summons instead of originating summons? It can only be commenced by writ of summons if they are allegation of fraud ffs! These technicalities are really important in law, some lawyers are so careless while some are smart. God! Blew up the case.

The presidential and other elections will be determined by the courts. The rotten judges are waiting. Corrupt politicians and crooked lawyers know this. Now, how will we-no-dey-give-shishi fair when billions of naira and dollars are flying around?

Should this be debated?
Was the electoral act not enacted from the same constitution as that of the supreme court?

SUPREME COURT RULING.

BluntCrazeMan:
The Supreme Court on Monday (6th February, 2023) dismissed Sheriff Bashir Machina, and declared Ahmed Lawan as the Winner of the Yobe North Senatorial Candidate.


The Majority Judgement of the Supreme Court ruled that: “Bashir Machina violated THE COURT RULES, by commencing his court action with a ‘WRIT OF SUMMONS’ instead of an ‘ORIGINATING SUMMONS’, and therefore, his case shouldn't have been entertained by any of the lower courts in the first place.
(These are all technical terms that has to do with the court processes.. Lawyers are supposed to be very conversant with these terms..)

But then..
According to the Electoral Act 2022 (Section:33); it states thus:

Bashir Machina won the APC’s Nomination on the 28th of May 2022 (by the primaries that was conducted by the APC, and monitored by the INEC), and it was never disputed by the APC in any Court of Law.
Thus,, the Victory of Machina was (and is still) very valid, and was never disputed nor discarded, even though the APC never submitted Bashir Machina’s name to the INEC as the person who won the Nomination Ticket.

The APC just decided to come up with a replacement for Machina, that is, after the newly conducted Primaries which they did on the 9th of June.
But then, they didn't fulfill all the necessary requirements of the Electoral Act for the process of replacement of an already-nominated candidate.
The APC might be assuming in this case that they had not submitted Machina’s name as the Nominated Candidate yet, so, there is no need for any “Replacement” or “Substitution”, rather, for them to submit the name of their candidate which was elected in a supposedly “Validly Conducted Primaries”.

Now, let us assume that the Senatorial Primaries of 28th May 2022 was null-and-void, and shouldn't be taken as the authentic primaries.
(Like I pointed out earlier, APC cannot assume this particular situation, because the primaries actually took place, and they -- the APC -- recognized that they conducted it, and they didn't dispute it.)

So, Let Us look at the Senatorial Primaries which took place on the 9th of June 2023.
The APC didn't adhere strictly to the Electoral Act 2022 (Section:82; Sub-sections-1 & 5) which states thus:

a. The APC never gave proper notification to the INEC for the Primaries which they conducted on the 9th of June 2022. (But they notified INEC about the Primaries which they conducted on the 28th of May, 2022).

b. The INEC didn't monitor the primaries which took place on the 9th of June 2022, (but they duly monitored the primaries which took place on the 28th May, 2022)


From all indications, Dr. Ahmed Lawan is NOT QUALIFIED.


So, what then is supposed to be the outcome of the recent Supreme Court Judgement?

Since the APC did not accept Bashir Machina Candidacy, and thus got his case trashed by the Supreme Court Judgement based on technicalities, and then also, being that Dr. Ahmed Lawan is not qualified to be the APC Senatorial Candidate based on the requirements of the Electoral Act;
then, THE STATUS-QUO REMAINS.
That means, APC has no Senatorial Candidate for Yobe-North Senatorial District Election come February 2023.

What you need to understand is that a victory in court doesn't mean that you are the right candidate or innocent. Court is about arguing the facts using existing laws and not necessarily about who is right or wrong.

For instance, Orji Uzor Kalu won his case at the supreme court not because he was innocent. But won because the judge that presided over his final case at court of appeal did not have the rights to carry out that judgment due to his promotion to the Supreme court.

APC don't know that they just shot themselves in the leg. The opposition will pick this case later on and argue that based on inec law, Lawal is not eligible to contest which they will win likely win.

Make we de watch the movie de go.