k

dre11:




http://www.punchng.com/breaking-wada-loses-tribunal/

Inconculive Election.

.

After Aisha bribed the judges with N75m.


Mxm.

Double Congrat to you bro bello...

They know this judgement will not survive the supreme court because it will amount to overruling the constitution and reversing many supreme court and appeal court judgements. So I agree with those who hold that APC will use all its powers to ensure that this case does not reach supreme court

Sorri ooo, I can see that e dey pain u wella

asuneyi:
WHEN IS A CANDIDATE IN A GUBERNATORIAL ELECTION IN NIGERIA DEEMED TO HAVE WON ?

By Barr. Femi Mokikan

Judges enjoy the best of all worlds. I have not heard that any judge is penalized for wrong judgements which lead to a miscarriage of justice, beyond limiting their career advancements. Am not even sure about that. Only when it is incontrovertible that a case of money for judgement is established that one hears of sanctions. You may argue that the appellate courts are there to ensure such miscarriage of justice is corrected. May be we are getting to that point when in addition to the provision of the appellate courts, some sanctions are introduced for judges that demonstrate such a questionable level of competence as some judges are wont to do. I expect to be vilified for this by some people. It is a reflection of how extremely disappointing this tribunal judgement is to me and many others. I have read the account as posted on some of the social platforms by different individuals, and the account as reported on Channels TV 10pm news and some radio stations at different times. I know I will be accused by some for reacting without waiting to read the entire judgement. I just cannot resist the urge. Because of some of what appear to me as gaffs which will do so much damage to the image and integrity of our judiciary if allowed to stand. Everything contained in the judgement appear to flow from the inability of the tribunal to answer a simple question.

There was an election on November 21 2015. The constitution says " a candidate for an election to the office of governor of a state SHALL BE DEEMED TO HAVE BEEN DULY ELECTED (caps mine). (Please note- the constitution did not say declared or announced) where, there being two or more candidates- a) he has the highest number of votes cast at the election; and b) he has not less than one quarter of all the votes cast in each of at least two thirds of all local government areas in the state". See Sec. 179 (2) of the constitution. At the time INEC declared the election inconclusive these two provisions were already satisfied. What followed thereafter we all know, I therefore will not repeat or bore you with the details. Section 181 (1) adequately provides for what to do in the unforeseen event of "a person DULY ELECTED as governor dies before taking and subscribing the oath of allegiance...the person elected with him as Deputy Governor shall be sworn in as governor..." Sec. 179(2) provides for qualifications to be DEEMED DULY ELECTED. Sec 181(1) now addresses the DULY ELECTED in the event of anything happening to him to make it impossible for swearing in. If not for the common saying that the law is an ass, I would have said this looks straight forward. The main question that Hon Faleke asked the tribunal to answer was whether INEC was right in declaring the election of November 21 inconclusive in view of what we know about the facts and the applicable laws. From all I have read and heard so far, it would appear the question is yet to be answered. The closest to it was where the tribunal said "INEC said the election was inconclusive". Who did not know that they said so? Were they right or wrong in saying so? That is where the tribunal ought to start from. All other issues will stand or collapse on whatever the answer to this question is. If the answer is that INEC erred in declaring the election inconclusive, the supplementary election will count for nothing. Since the tribunal could not answer the most critical question, and the question requires an answer, Hon Falake has to approach their superiors, which is the appeal court. And if there is no answer at that level, proceed to the Supreme Court. It is important to do this for the sake of our democracy.

It will be helpful at whatever stage the question is to be answered to avert our minds to section 53(2&4) of the Electoral Act. This is the section that has anything to do with election rerun. Supplementary or rerun election is provided for only in units where there are over voting. You will recall that not all units where INEC ordered a rerun had problems of over voting. Some were due to violence, rejection of card reader etc as reported by INEC itself. While the tribunal failed to address itself to the constitutional provisions in addressing this petition, it went ahead to base its judgement on some curious pronouncements. That Hon Faleke has no locus because he did not participate in a particular stage of the election. The tribunal took this position because it pretended not to know that sec. 179(2) of the constitution already operated to make the election conclusive. But let us even agree that it holds true for Hon Faleke, what do we say of AYB. Please check out s.141 of the Electoral Act 2010 as amended. It provides that "An election tribunal or court shall not under any circumstances declare any person a winner at an election in which such a person has not FULLY PARTICIPATED IN ALL THE STAGES OF THE ELECTION. (Caps mine). The following questions can be validly raised: how many stages make up all the stages of the election? What are these stages? The electoral act did not provide answers. In such a case the law will invite a reasonable person to assist. The question to follow will then be How many stages did AYB FULLY participate in? Please note the word FULLY. I believe the tribunal has the answer to this. Yet it took the position it took. These questions will not apply in the case of Hon Faleke if we uphold the operation of Sec. 179(2) and 181(1) of the constitution. It is also curious that the tribunal declared that AYB can inherit electoral votes. This particular provision in sec. 141 of the Electoral Act was not in the Act that preceded this. That was why it was possible for Amechi to become a governor by inheriting the votes of Celestine, without participating in all the stages of the election. It was to address the lacuna that allowed Amechi to become governor without participating in all the stages of the election that informed the provision of this section. And that is one of the reasons it is described as Electoral Act 2010 (as amended). Is it possible to imagine that none of the judges on the panel knew about this. It is even more curious when it is already a notorious fact that there have been at least two other Supreme Court decisions that reversed the decision in Amechi that electoral votes belong to the party. From the amendment to the Act and the Supreme Court decisions after Amechi, electoral votes are no longer the property of the party.

Would judges at this level deliberately take a position they ought to know is contrary to the laws of the land in dispensing Justice?
I also noticed that none of what I have heard so far alluded to any authority as the basis for each of the issues the tribunal pronounced on. May be am yet to read/see those ones.

Let me say that the judgement of the tribunal did not come to me as a surprise although it is extremely very disappointing. What makes it disappointing at this stage is the reasons adduced for throwing the petition out. Personally, I have said it in all the fora I have been privileged to address since this mandate issue started that we should expect AYB to serve a maximum of one year in office. He was sworn in in January. He has only gone close to half way as we are now in June. Justice is experienced in traveling long and winding distances, scaling obstacles and avoiding fatal arrows. It is that experience that makes Justice sweeter at the end of the day. I do hope the appellate jurists will be more interested in substantial Justice in their consideration and not be swayed by technicalities that will deliver injustice. I continue to miss our retired Chief Justice of Nigeria, Justice Belgore for his judicial radicalism that made it possible to unseat a PDP Governor under the circumstances in which he did. I hope the judiciary will produce more of his type.

In conclusion, please you must know that this is not the time to be downcast or dispirited. We must continue in high spirit as this can only be a temporary setback. The bold, confident and future-oriented amongst us must hand-hold and encourage those who may be discouraged by the judgement of the tribunal. God o

U re right

azimibraun:
since Audu lost in 2003 to our biggest mistake Ibro carpenter. .

Must u comment on people opinion? Am just sorry for u because am not here to insult anyone

babamadiba:
block head

Faleke should appeal this judgement since he has nothing to lose but much to gain. If he loses he remains the lawful deputy Governor & if he wins he becomes the executive governor.

[quote author=Oma307 post=46355056]My state is a joker, always in the news for bad things since this incumbent governor took over[/quote. Your head is not correct.

What a pity, since ur own head is correct, come and correct mine[quote author=idu1 post=46365944][/quote]

Oma307:
What a pity, since ur own head is correct, come and correct mine

You useless human being...


What sort of problem have you seen since he took over governance.


I guess you are having family problem.

Oma307:
My state is a joker, always in the news for bad things since this incumbent governor took over

Can you please tell me what bad news have u heard since AYB assumption as governor?

Sammy99666:

LoL

demmahomidi:
Which supreme court? Remember at the beginning of this saga. AgF malami refused to go and seek direction from the supreme court. He will now do all he can to make sure this case does not reach supreme court. I see them using security agencies to persecute faleke and wada. This bello is a lucky guy sha

More reason why the SUPREME COURT will chase Yahaya Bello out . Because the APEX court are the only one vested with the sole responsibility to interprete issues that are CONSTITUTIONAL- They were not approached hence undermining their power . When it's time they will rightly flex that muscle and let the political class know once again that they are the highest authority in that regard.

I have promise myself that i never insult anybody on nairaland though is faceless but please be mindful of how u talk

idu1:






You useless human being...


What sort of problem have you seen since he took over governance.


I guess you are having family problem.

luvbeloved:
Can AYB now pay salaries pls? The state is owing it's workers six months salary already!...he has been given bail out for ALLAH's sake!!! I just pity workers in Kogi state.

Lol. Workers I heard he has sacked more than half to create enough space for looting the bail out fund. You collected bail out to pay workers that were owed but ended up sacking more than half of them including the state NLC chairman and some HOD's before thinking of paying them. I wonder why the bail out was given in the 1st place. What a shame.

Oma307:
I have promise myself that i never insult anybody on nairaland though is faceless but please be mindful of how u talk

Go and sleep

This is a travesty of justice. Something cannot stand on nothing. Bell has no right to be a governor. The supreme Court would sack him
The Tribunals are just mere government appendages. It is so sad. The time for change or substitution of candidates was long gone, on what bases was he used for Abubakar Audu.

Judgement was prepared by agf malami. It cannot stand the test of time. He has failed already. This kogi case will embarrass him.

amtaken:
After Aisha bribed the judges with N75m.


Mxm.

we hear it's 1.5b o! And he took that money from the bailout fund. As a mata of fact he had to put an executive cabinet in place in a hurry just to access the fund in other to meet up! We are watching in 3D! Salaries he won't pay...this is the sixth month now

amtaken:
After Aisha bribed the judges with N75m.


Mxm.

we hear it's 1.5b o! And he took that money from the bailout fund. As a mata of fact he had to put an executive cabinet in place in a hurry just to access the fund in other to meet up! We are watching in 3D! Salaries he won't pay...this is the sixth month now! God dey

THE DAY I SAW AN UNJUST JUDGE

By Stanley Ajileye

Monday, June 6, 2016, I at once wished I am an English Teacher. I would have tasked my students, the next day to write an essay on topic: 'The Day I Saw an Unjust Judge'. Trust me, I already have in my hand, a scanty, disjointed, untyped and ill-arranged judgement paper that would be my ideal marking guide.

Honestly, I had always thought the work of a judge is a cerebral thing. But I now know better, that even I can be a judge too. Even if my brain is porous, even if I am idiotic. I don't even need to go to school. I don't need to know how to write, someone can always write my judgement for me and bring it to me at the gate of the court on judgement day. I only have to know how to read a little. Fluency is not important, after all I don't have to be coherent or read aloud.
I can now be a judge, because I have no more need to read the law books, law reports, journals and reference book to determine a case. Yes, after all merit is no more a necessity in judgement. I can always sleep off when lawyers are defending their cases. Yes, I don't need their submissions. I already know where I am going.
The happiest thing now is that, I don't even need a conscience to be a judge. Even when my conscience begin to prick me and make me shiver, I can always lie to the public that I have fever or better still 'lakuregbe'.

I can now be a judge, All I need is a goggle that can cover my eyelids and make me shameless. I also need to be conversant with figure to be able to determine the highest bidder.

It is easy to be judge, I have no need to fear God, neither have I need to regard men. My job is to do the bidding of the wife of Oga at the top.

The bible says in Luke 18:1-2 '

Luke 18:1 And he spake a parable unto them to this end, that men ought always to pray, and not to faint;

18:2 Saying, There was in a city (Abuja) a judge, which feared not God, neither regarded man:

Pls tell me the name of the Judge.

Congrat Sir,

May God give you the wisdom and ideas to transform Kogi state to a better height.

We love you
Congrat Kogites
Congrat Nigerian

And Buhari looks the other way just because he's his party member.

luvbeloved:
we hear it's 1.5b o! And he took that money from the bailout fund. As a mata of fact he had to put an executive cabinet in place in a hurry just to access the fund in other to meet up! We are watching in 3D! Salaries he won't pay...this is the sixth month now! God dey

Faleke leke and Wada da please carry on lawyers wants to eat more money.No tire oooh abeg lawyers must chop!!!!!!!!