Ojuntana:

Are you aware of the letters of defection they read on the House floor to defect?

My God! Defection to where? What party precisely? Did they fulfill Article 9 of the APC Constitution that qualifies one to be a member? The answer is no!

ZIAZI:


Again, if you claim they have defected, will you go to the RSHA to drag them out? The answer is no! You go to court and prove their defection. That is what is known as due process.

For emphasis, Section 109(g) CFRN 1999 as amended holds that they lose their seats if they become members of another political party. How do you become a member of a political party? Is it not by registration? This thing is so obvious nau!

Which lawmaker in the history of Nigeria left his seat even when they OBVIOUSLY defected? Adjudication took place! So let the court decide.

MODIFIED:

I had to go and find the APC Constitution and I refer you to Article 9 that is hinged on membership. I would reproduce same hereunder for your perusal.

In the light of this, are they members of the APC?

I don't have to drag them out. The law already said the Speaker shall declare their seats vacant. That is due process.

The member in 2015 was about to be recalled before he ran to court. The defectors have never lost their seats before they defect to the ruling party not because you have to wait for court. The constitution did not say you should wait for court. The word is "shall vacate his seat".
Again, in the case of the Cross River assembly members in 2022, APC denied membership of the lawmakers and even said their names are not on their register yet the Court still went ahead to declare their seats vacant.

ZIAZI:


My God! Defection to where? What party precisely? Did they fulfill Article 9 of the APC Constitution that qualifies one to be a member? The answer is no!

They defected to APC on the floor of the House. They swore an affidavit to that effect. The question is not whether they defected rightly or wrongly in relation to party procedures. The question whether by virtue of freedom of association, they announced their cessation of membership of a political party and joining of another. That they did and even swore an affidavit to that effect.

Ojuntana:

I don't have to drag them out. The law already said the Speaker shall declare their seats vacant. That is due process.

The member in 2015 was about to be recalled before he ran to court. The defectors have never lost their seats before they defect to the ruling party not because you have to wait for court. The constitution did not say you should wait for court. The word is "shall vacate his seat".
Again, in the case of the Cross River assembly members in 2022, APC denied membership of the lawmakers and even said their names are not on their register yet the Court still went ahead to declare their seats vacant.

Can you give me the full citation of this case? Mind you, no 2 cases are the same. They have their distinct facts.

Ojuntana:

They defected to APC on the floor of the House. They swore an affidavit to that effect. The question is not whether they defected rightly or wrongly in relation to party procedures. The question whether by virtue of freedom of association, they announced their cessation of membership of a political party and joining of another. That they did and even swore an affidavit to that effect.

The alleged defection was erroneous. Due process was not followed. The alleged resignation was not even received by the PDP. The alleged defection did not take place because as at the time of the announcement, they were aliens in the books of APC.

The law does not concern itself with inferences or conjectures. It deals with facts and principles established on law itself.

ZIAZI:


Can you give me the full citation of this case? Mind you, no 2 cases are the same. They have their distinct facts.

Google it na. Cross Rivers members seat declared vacant. APC denied membership of the members in the case

ZIAZI:


The alleged defection was erroneous. Due process was not followed. The alleged resignation was not even received by the PDP. The alleged defection did not take place because as at the time of the announcement, they were aliens in the books of APC.

The law does not concern itself with inferences or conjectures. It deals with facts and principles established on law itself.

Erroneous defection. I've heard something new. Let me ask you two simple questions.

1. Based on freedom of association, do you need to write a letter of resignation and tear your membership card a la Obasanjo with due respect to him before you can be seen to not be a member of a party?

2. If you agree that there is no such procedure for resignation or denunciation of membership, can the members be said to be independent candidates? Can that stand?

ZIAZI:


In response to your first paragraph, judgement was not given in the case. An interlocutory order was made. Interlocutory orders are different from judgement.

And to your second argument, I'd say that you somewhat contradicted yourself. If you say the Affidavit might not be sufficient evidence that they joined APC, then how is it evidence that they left PDP? If you say it is proof that they left PDP, then where did they go to?

The case Will be difficult to withdraw. Justice omotosho already gave far reaching orders including nullifying the budget.

Moreover, who told you withdrawing the case will invalidate the affidavit. The affidavit remains in the court record, seperate from the suit. Defections do not require letters from your party. Once the house or senate reads your defection letter, you are deemed to have joined another party. An affidavit deposed in court and published in a national daily is more valid than the APC card and defection letter.

APC testimony is lame, provided they did not file counter affidavit when supposed unknown people claimed membership of their party, published it in a national daily and a ruling was delivered on that basis, while they held rallies to welcome them.


I didn't say the affidavit won't be enough to determine they joined APC, I said it might not be enough.

BERNIMOORE:
you're the most illiterate person that l have ever engaged on NL in Yoruba we call you Òdè. . After directing fubara to go to high court, Didn't the appeal court Now declared Ameawhule as the authentic speaker of Rivers Assembly?... You want to erase that part....bush man..demented individuals misinterpreting an obvious appeal court judgement written in black and White to suit their dirty purpose .it will be dawn on your face when Ameawhule impeach your baby governor and put him to Efcc

Where did the AC declare Amaewhule as speaker? Ode dey call another person Ode... 😂

Is it too difficult for you to understand that the appeal court DID NOT speak or decide who was speaker. The AC court did not decide on vacancy or not.

The AC simply said the SHC is not the proper court to hear the matter.. it is the FHC

In other words, the person who brought the case to the SHC should have gone to the FHC
Please, who brought the case to the SHC in the first place? Ode! 😂

Ojuntana:

Erroneous defection. I've heard something new. Let me ask you two simple questions.

1. Based on freedom of association, do you need to write a letter of resignation and tear your membership card a la Obasanjo with due respect to him before you can be seen to not be a member of a party?

2. If you agree that there is no such procedure for resignation or denunciation of membership, can the members be said to be independent candidates? Can that stand?

😂 😂... you still dey school these imbeciles.. including the one with a Bsc degree in law.. that cannot interprete correctly the process of defection in a house. Let him and go get schooled by sound legal minds like Henry Ekine.

You're a lawyer doesn't mean you are a good one. QED 😂

Ojuntana:

Erroneous defection. I've heard something new. Let me ask you two simple questions.

1. Based on freedom of association, do you need to write a letter of resignation and tear your membership card a la Obasanjo with due respect to him before you can be seen to not be a member of a party?

2. If you agree that there is no such procedure for resignation or denunciation of membership, can the members be said to be independent candidates? Can that stand?

They are members of the PDP. Their alleged defection is vitiated for want of due process. Your membership of a party is not done orally, why should the resignation be done orally? I challenge you to show me the resignation letter of Martins Amaewhule or the others. PDP has said that they did not defect as no resignation letter was forwarded to them. Freedom of association is not the case here because no one is being forced. If it were so, a Fundamental Rights Enforcement proceeding would have sprang up against PDP.

Judging from practice, and using Peter Obi, Emeka Ihedioha and Hon. Dan Iya as case studies, the proper way is to tender your resignation to discontinue your membership of a party.

phantom:


😂 😂... you still dey school these imbeciles.. including the one with a Bsc degree in law.. that cannot interprete correctly the process of defection in a house. Let him and go get schooled by sound legal minds like Henry Ekine.

You're a lawyer doesn't mean you are a good one. QED 😂

Bsc in Law. Bros, reduce the volume of your mic. It's too loud

ZIAZI:


They are members of the PDP. Their alleged defection is vitiated for want of due process. Your membership of a party is not done orally, why should the resignation be done orally? I challenge you to show me the resignation letter of Martins Amaewhule or the others. PDP has said that they did not defect as no resignation letter was forwarded to them. Freedom of association is not the case here because no one is being forced. If it were so, a Fundamental Rights Enforcement proceeding would have sprang up against PDP.

Judging from practice, and using Peter Obi, Emeka Ihedioha and Hon. Dan Iya as case studies, the proper way is to tender your resignation to discontinue your membership of a party.

Now let me ask you. What case did Martins file for at Okorowos court? What did he apply for?

ZIAZI:


They are members of the PDP. Their alleged defection is vitiated for want of due process. Your membership of a party is not done orally, why should the resignation be done orally? I challenge you to show me the resignation letter of Martins Amaewhule or the others. PDP has said that they did not defect as no resignation letter was forwarded to them. Freedom of association is not the case here because no one is being forced. If it were so, a Fundamental Rights Enforcement proceeding would have sprang up against PDP.

Judging from practice, and using Peter Obi, Emeka Ihedioha and Hon. Dan Iya as case studies, the proper way is to tender your resignation to discontinue your membership of a party.

Again, you have sidestepped my question. Let me ask again in another way.
Is writing letter of resignation and trashing membership card the only allowed way to cease membership of a party or any group for that matter? Yes or No?

Note that those letters you posted, the word used was "intimate" "inform" "notify" and not "request" or "apply".

phantom:


😂 😂... you still dey school these imbeciles.. including the one with a Bsc degree in law.. that cannot interprete correctly the process of defection in a house. Let him and go get schooled by sound legal minds like Henry Ekine.

You're a lawyer doesn't mean you are a good one. QED 😂

I tutored you last night and you ran back to your hole without disputing me on points of law. Mind you, I do not have a "BSc degree in Law."😂😂😂

I can't let you misinform the public with your half-baked arguments fuelled by emotions and ignorance. Can't you see that I am having a meaningful conversation with someone who is raising some issues unlike you? I consider him smart, and you, intellectually bankrupt.

Henry Ekine might be a good lawyer, but he's been talking trash as it concerns this issue. There is law and there is something called political emotions. I've known him not to be a fan of Wike, but who cares? The beauty of the law is that you can agree or disagree. In doing so, reference must be made to the law.

You created a post to humilate a learned Justice of the FHC when in reality you're not fit to lace his shoes. You belong to the armpit of society, but Nairaland has somewhat given you a platform to brandish your ignorance for the world to see.

Insha Allah, I will be here to continue perforating your arguments built on lies, emotions, and deceit, and IGNORANCE!

You cannot have legal arguments with me because it is my stock in trade. Unlike you, I do not listen to Henry Ekine or the other misguided political analysts you listen to so you can spew your constant trash based on hearsay and nothing else.

While you argue based in emotions, I cite laws and decided cases to buttress my points, and that's the difference between us. You against me is like child abuse to me.

I am a lawyer and oh yes! I am very good at what I do. If you do not agree with my opinion(s), then argue like a smart person and not like one with vacany upstairs.

Dunce!

Ojuntana:

Again, you have sidestepped my question. Let me ask again in another way.
Is writing letter of resignation and trashing membership card the only allowed way to cease membership of a party or any group for that matter? Yes or No?

Note that those letters you posted, the word used was "intimate" "inform" "notify" and not "request" or "apply".

No sire, save for resignation proper, there are other peculiar ways. I therefore refer you to Chapter 2, Part 1, Paragraph 15 of the PDP Constitution.

Judging from what you said, did Amaewhule intimate, inform, or notify the PDP?

Peace be unto you.

ZIAZI:


I tutored you last night and you ran back to your hole without disputing me on points of law. Mind you, I do not have a "BSc degree in Law."😂😂😂

I can't let you misinform the public with your half-baked arguments fuelled by emotions and ignorance. Can't you see that I am having a meaningful conversation with someone who is raising some issues unlike you? I consider him smart, and you, intellectually bankrupt.

Henry Ekine might be a good lawyer, but he's been talking trash as it concerns this issue. There is law and there is something called political emotions. I've known him not to be a fan of Wike, but who cares? The beauty of the law is that you can agree or disagree. In doing so, reference must be made to the law.

You created a post to humilate a learned Justice of the FHC when in reality you're not fit to lace his shoes. You belong to the armpit of society, but Nairaland has somewhat given you a platform to brandish your ignorance for the world to see.

Insha Allah, I will be here to continue perforating your arguments built on lies, emotions, and deceit, and IGNORANCE!

You cannot have legal arguments with me because it is my stock in trade. Unlike you, I do not listen to Henry Ekine or the other misguided political analysts you listen to so you can spew your constant trash based on hearsay and nothing else.

While you argue based in emotions, I cite laws and decided cases to buttress my points, and that's the difference between us. You against me is like child abuse to me.

I am a lawyer and oh yes! I am very good at what I do. If you do not agree with my opinion(s), then argue like a smart person and not like one with vacany upstairs.

Dunce!

Oga lawyer, answer my question... what did Martins apply for at Okorowos court?

Why did he also institute another suit before Omotosho?
Simple questions.. 😂

ZIAZI:


I tutored you last night and you ran back to your hole without disputing me on points of law. Mind you, I do not have a "BSc degree in Law."😂😂😂

I can't let you misinform the public with your half-baked arguments fuelled by emotions and ignorance. Can't you see that I am having a meaningful conversation with someone who is raising some issues unlike you? I consider him smart, and you, intellectually bankrupt.

Henry Ekine might be a good lawyer, but he's been talking trash as it concerns this issue. There is law and there is something called political emotions. I've known him not to be a fan of Wike, but who cares? The beauty of the law is that you can agree or disagree. In doing so, reference must be made to the law.

You created a post to humilate a learned Justice of the FHC when in reality you're not fit to lace his shoes. You belong to the armpit of society, but Nairaland has somewhat given you a platform to brandish your ignorance for the world to see.

Insha Allah, I will be here to continue perforating your arguments built on lies, emotions, and deceit, and IGNORANCE!

You cannot have legal arguments with me because it is my stock in trade. Unlike you, I do not listen to Henry Ekine or the other misguided political analysts you listen to so you can spew your constant trash based on hearsay and nothing else.

While you argue based in emotions, I cite laws and decided cases to buttress my points, and that's the difference between us. You against me is like child abuse to me.

I am a lawyer and oh yes! I am very good at what I do. If you do not agree with my opinion(s), then argue like a smart person and not like one with vacany upstairs.

Dunce!

Your learned silk Falana is also misguided ba? Oga answer my questions above. Forget this your unimpressive flowery language.

I Blame Fubara,it's time he starts Eliminating all his Opponents

phantom:
Your learned silk Falana is also misguided ba? Oga answer my questions above. Forget this your unimpressive flowery language.

Take a step away from your body and then do well to take a good look at yourself. What do you see? Outright ignorance I presume.

I cite laws and decided cases. I do not cite Femi Falana. My arguments are not based on what Henry Ekine or Falana said but what the law says.

By the way, you created a thread to lie against a judge and when I called you out on it, you ran away.

Was the purported affidavit presented before Justice Omotosho? Address it now or crawl back to your hole!

Ojuntana:

Erroneous defection. I've heard something new. Let me ask you two simple questions.

1. Based on freedom of association, do you need to write a letter of resignation and tear your membership card a la Obasanjo with due respect to him before you can be seen to not be a member of a party?

2. If you agree that there is no such procedure for resignation or denunciation of membership, can the members be said to be independent candidates? Can that stand?

This man you are arguing with is not even aware that the PDP filed an application declaring their seats vacant in addition to their sworn affidavit. Its all before Justice Okorowo

ZIAZI:


Take a step away from your body and then do well to take a good look at yourself. What do you see? Outright ignorance I presume.

I cite laws and decided cases. I do not cite Femi Falana. My arguments are not based on what Henry Ekine or Falana said but what the law says.

By the way, you created a thread to lie against a judge and when I called you out on it, you ran away.

Was the purported affidavit presented before Justice Omotosho? Address it now or crawl back to your hole!

Fine, it was presented before Okorowo... why initiate another suit before omotosho.. please school me my dear lawyer. I'm waiting. What were the applications before both judges?

phantom:


This man you are arguing with is not even aware that the PDP filed an application declaring their seats vacant in addition to their sworn affidavit. Its all before Justice Okorowo

Is it now Justice Okorowo? It was Justice Omotosho yesterday and you called him a corrupt judge.

Oya present the application that PDP filed fast!!!

phantom:


On this premise alone, I wonder why OkoJumbo hasn't appealed Omotoshos judgement.

You should know the answer already.

phantom:


This man you are arguing with is not even aware that the PDP filed an application declaring their seats vacant in addition to their sworn affidavit. Its all before Justice Okorowo

How did you shift so fast from Justice Omotosho to Justice Okorowo? You can't even acknowledge me for tutoring you free of charge.😂😂😂

Moving on, I challenge you to present the alleged application PDP filed. Let's assume I don't know, so here's your chance to enlighten me.😂😂😂

ZIAZI:


Is it now Justice Okorowo? It was Justice Omotosho yesterday and you called him a corrupt judge.

Oya present the application that PDP filed fast!!!

😂.. you are just as crooked as these men you defend. You doubted an affidavit... maybe tomorrow when I lay my hands on that first application by PDP, you'll wave it away as AI generated.

Oga, why was Okorowos suit abandoned? Why did they file a new suit before Omotosho

phantom:


Fine, it was presented before Okorowo... why initiate another suit before omotosho.. please school me my dear lawyer. I'm waiting. What were the applications before both judges?

And again, the pleasure is mine to tutor you.

In Justice Okorowo's court, Amaewhule made an application praying the court to stop the PDP and INEC from conducting an election to replace them.
This was the chief prayer.

In Omotosho's court, he prayed the court to recognise him as the authentic speaker as opposed to Edison Ehie, nullify all the actions carried out by Edison Ehie and others because they were suspended, compel the governor to to present the budget. There were other prayers too.

I hope you're not confused in any way. 😂

And what was presented to Omotosho with which to procure an interlocutory injunction? Or I can walk up to any judge and request an injunction without documents?

ZIAZI:


And again, the pleasure is mine to tutor you.

In Justice Okorowo's court, Amaewhule made an application praying the court to stop the PDP and INEC from conducting an election to replace them.
This was the chief prayer.

In Omotosho's court, he prayed the court to recognise him as the authentic speaker as opposed to Edison Ehie, nullify all the actions carried out by Edison Ehie and others because they were suspended, compel the governor to to present the budget. There were other prayers too.

I hope you're not confused in any way. 😂

😂 😂... look,in essence, the meat of the suit is actually the same in both cases. I don't need to be a lawyer to know that.
Brother, they abandoned the Okorowo suit because PDP had a sworn application nailing them there..

phantom:


😂.. you are just as crooked as these men you defend. You doubted an affidavit... maybe tomorrow when I lay my hands on that first application by PDP, you'll wave it away as AI generated.

Oga, why was Okorowos suit abandoned? Why did they file a new suit before Omotosho

I never doubted the said affidavit! I challenge you to highlight my post evidencing such. I told you that the affidavit will not on its own oush them away.

Can I be the president of Nigeria today because I swore to an affidavit? No!

The law is that an affidavit would be discarded as a piece of evidence by the court when its content is manifestly untrue. Hon. Martins Chike Amaewhule is still your speaker until a superior court of record says otherwise.😂

And why are you waiting till tomorrow to lay your hands on the alleged application? You want to go and ask your ill-informed people as usual?😂😂😂😂

What was the conclusion of the okorowo suit. Because they applied for an interlocutory injunction. Did he grant it?

phantom:


😂 😂... look,in essence, the meat of the suit is actually the same in both cases. I don't need to be a lawyer to know that.
Brother, they abandoned the Okorowo suit because PDP had a sworn application nailing them there..

Chei! The suit was not abandoned. Don't you know what an interlocutory order (injunction) is?
Besides, the prayers are different. Who do you this thing😂😂😂