Okijajuju1:



I am one who is up for a good debate based on actual points and not attacks on the personality of the debaters.


So far, you have said absolutely nothing to counter the points made by AntiWailer.


If you have any actual points to make on the subject or the points raised by AntiWailer, now would be a good time to present it.

AntiWailer:


See forget Politics .

FALANA is very correct. Without just ranting, let me explain with examples.

One of his point is that the immunity does not cover electoral crimes.

1. Buhari was in court for his certificate issue cos it affects his election.

2. Ikpeazu was in court because of tax papers that affect his election

3. Sitting governors are dropped from Tribunal to supreme Court despite immunity.

1 and 2 are not electoral petitions. They are suits against people who enjoy immunity but the suit was entertained because it can be categorised as an electoral crime.

So we dnt need a PHD in Law before you know WHAT falana is saying is simply the truth.

"No absolute immunity in our Law. If there is, Ikpeazu wont be running helter skelter, looking for court injunction"

Mike is a PDP lawyer and infact he is currently defending Fayose.

So I dnt expect him to take another position.


It is only victims of headlines that will scream.

AntiWailer:


See forget Politics .

FALANA is very correct. Without just ranting, let me explain with examples.

One of his point is that the immunity does not cover electoral crimes.

1. Buhari was in court for his certificate issue cos it affects his election.

2. Ikpeazu was in court because of tax papers that affect his election

3. Gani Fawehinmi took Tinubu to court indepenently over Toronto Certificate forgery.

4. Sitting governors are dropped from Tribunal to supreme Court despite immunity.

1, 2 and 3 are not electoral petitions. They are suits against people who enjoy immunity but the suit was entertained because it can be categorised as an electoral crime.

So we dnt need a PHD in Law before you know WHAT falana is saying is simply the truth.

"No absolute immunity in our Law. If there is, Ikpeazu wont be running helter skelter, looking for court injunction"

Mike is a PDP lawyer and infact he is currently defending Fayose.

So I dnt expect him to take another position.


It is only victims of headlines that will scream.

ibitzbarlow:


Your post only corroborated Mike Ozhokeme's posturing. He asserted that electoral matters are generic and neither civil nor criminal; electoral matters are derived from from the constitution and not from lower acts of parliament.

Aptly, he emphasised the supremacy of the constitution over any lower act of parliament or quasi-law.

deantimes:


http://.com/freezing-of-fayoses-account-falana-goofed-on-no-absolute-immunity-submission-ozekhome-says/

Surfboard:


Oga, I disagree with your points, and I will tell you why.

1. The certificate suit was instituted before Buhari's election, so it pre-dates the period of his immunity.

2. Like Ozekhome stated and you also reiterated, issues that go to the root of elections have a life of their own, so it's neither really considered as a civil or criminal matter.

Now, if we put the above points aside, where then is immunity not absolute under the constitution? See where Falana is wrong now?

This isn't about politics, it's a matter of law.

AntiWailer:


See forget Politics .

FALANA is very correct. Without just ranting, let me explain with examples.

One of his point is that the immunity does not cover electoral crimes.

1. Buhari was in court for his certificate issue cos it affects his election.

2. Ikpeazu was in court because of tax papers that affect his election

3. Gani Fawehinmi took Tinubu to court independently over Toronto Certificate forgery.

4. Sitting governors are tackled from Tribunal to supreme Court despite immunity.

1, 2 and 3 are not electoral petitions. They are suits against people who enjoy immunity but the suit was entertained because it can be categorised as an electoral crime.

So we dnt need a PHD in Law before you know WHAT falana is saying is simply the truth.

"No absolute immunity in our Law. If there is, Ikpeazu wont be running helter skelter, looking for court injunction"

Mike is a PDP lawyer and infact he is currently defending Fayose.

So I dnt expect him to take another position.


It is only victims of headlines that will scream.

ReabridCharles:



Wow!!! Impressive... You knowledge on the sibject runs deep I presume. Guess you're a lawyer, probably one of the SAN Buhari chose to defend him.

Electoral crime, we need to start from your mentor (oga at the top) then...

Good riddance to bad rubbish....

tee10:


That a Governor can be sued on electoral matters is not in dispute

Can the EFCC or indeed any body sue a serving Governor in light of Section 308 is what in dispute?

Once in a while to promote d frontier of knowledge on this platform it with be great if folks can drop narrow partisanship

Nigerian and indeed d constitution is bigger than APC or PDP

ReabridCharles:
Simple and comprehensive roar from Mike Ozekhome.

Falana was a man I really respected his sense of jurisprudence, how he changes is what surprises me.

If those who interpret the law be divided, what hope is there for the common man?

God! Nigeria! Where is the future you promised us?

OrlandoOwoh:
It's Ozakhome that goofed, not Falana.

AntiWailer:


The question is what could result remotely into electoral matter.

1. Gani Fawehinmi Vs Tinubu

The case was on Tinubu's Toronto certificate. Investigation was allowed and it was entertained because it has a remote effect on the electoral process.

The case in question is Fayose's source of funds used for his election. If it can be proved that the money gotten illegally affected the outcome of the election or gave Fayose undue advantage during election, it can be entertained.


So if for any reason, A governor can be taken to COURT outside tribunal for offences influencing his nomination or victory then the point remains that :

"IMMUNITY" is not absolute.

AntiWailer:


"Falana said that immunity did not also extend to electoral fraud.

Read more at: http://www.vanguardngr.com/2016/07/absolute-immunity-no-longer-allowed-law-falana/"


So what has Falana said wrongly ?

Gani Fawehinmi challenged Tinubu. The case is being reffered to.

I don't get your point.

tee10:


Unless you have a problem with comprehension

Electoral matters are generic, mick and falana and I agree on that!

That you can sue a governor on electoral matters is settled LAW!

Question is: can u maintain a criminal charge against a sitting Governor giving d express provision of Section 308 of 1999 constitutions as amended?

Okijajuju1:
Falana I Know... Who is Mr. Mike Ozekhome?





Who Mr. Mike Ozekhome epp?

Ehn don Baff?

Who E Serve?

ibitzbarlow:


Your perspective appears plausible. I am not a Lawyer, so I can't claim to be an authority here. But if I am right, the Law provides for time limit in pre-election and electoral cases otherwise the executive would be distracted in the discharge of their duties while in office facing series of trivial electoral cases in court. This much I guess the "immunity clause " was meant to prevent.
I dont think that it is plausible or right for the source of fund of an election to be investigated over two years into its administration.

Not excusing Fayose, We all know that none of our executives from the two divides would pass the test of legal election funding as stipulated by the law.

So, in as much as I am against absolute immunity, "Imminity" is absolute as derived from the Nigerian constitution.

ReabridCharles:
Simple and comprehensive roar from Mike Ozekhome.

Falana was a man I really respected his sense of jurisprudence, how he changes is what surprises me.

If those who interpret the law be divided, what hope is there for the common man?

God! Nigeria! Where is the future you promised us?

tee10:


That a Governor can be sued on electoral matters is not in dispute

Can the EFCC or indeed any body sue a serving Governor in light of Section 308 is what in dispute?

Once in a while to promote d frontier of knowledge on this platform it with be great if folks can drop narrow partisanship

Nigerian and indeed d constitution is bigger than APC or PDP

currencyz:
wao..... wat a cute write up clap 4 ur self....yeye dey smell.

AntiWailer:
You know one good thing about law is that you can refer to cases and judgement.

Are you aware that Matters on Buhari's certificate was to continue even last week if the Lawyer did not chicken out?

AntiWailer:


On your first line, adding abuse to your argument does not make u appear smarter.


ANS to your question : Yes you can. Forgery against Ikpeazu which is still fresh is criminal and also affects the selection process before elections.

Provided you can establish that it gave him undue advantage during election or selection process.

That is why electoral fraud was singled out.

Absolute is synonymous to : complete, total, utter, out-and-out, outright, entire, perfect, pure, decided;

Case :

1. Buhari in court

2. Ikpeazu's tax clearance case

anonimi:


Should one not be concerned about why/what made the lawyer chicken out?
What kind of pressure (read harassment) was brought against him to back out?

AntiWailer:


On your first line, adding abuse to your argument does not make u appear smarter.


ANS to your question : Yes you can. Forgery against Ikpeazu which is still fresh is criminal and also affects the selection process before elections.

Provided you can establish that it gave him undue advantage during election or selection process.

That is why electoral fraud was singled out.

Absolute is synonymous to : complete, total, utter, out-and-out, outright, entire, perfect, pure, decided;

Case :

1. Buhari in court

2. Ikpeazu's tax clearance case

tee10:


The above are all examples of electoral matters
Which has been settled by the supreme court as far back as Awolowo vs shagari

Stop dancing round the question!

Tinubu in 1999 had a case instituted against him by some of his business associate, why was it throw out when he became Governor?

Do u need more examples?

Again I ask can any civil or criminal case other than electoral matters be entertained against a serving Governor giving d particular provisions of Section 308?

tee10:


The above are all examples of electoral matters
Which has been settled by the supreme court as far back as Awolowo vs shagari

Stop dancing round the question!

Tinubu in 1999 had a case instituted against him by some of his business associate, why was it throw out when he became Governor?

Do u need more examples?

Again I ask can any civil or criminal case other than electoral matters be entertained against a serving Governor giving d particular provisions of Section 308?

AntiWailer:
That is not relevant to this discussion.

It is easy to assert different reasons include saying: "They said they will kill him in court"

We can even say they showed him his past financial crimes and negotiate. All those are easy to think of.

Until the guy comes out to say it himself, Nobody knows why he chickened out.

tee10:


The above are all examples of electoral matters
Which has been settled by the supreme court as far back as Awolowo vs shagari

Stop dancing round the question!

Tinubu in 1999 had a case instituted against him by some of his business associate, why was it throw out when he became Governor?

Do u need more examples?

Again I ask can any civil or criminal case other than electoral matters be entertained against a serving Governor giving d particular provisions of Section 308?