anonimi:


I am not asking about speculations on why.
No.
I am asking whether we should be CONCERNED.
Thanks.

AntiWailer:


You can keep asking again and again.

I have answered you unless in your opinion Tax Forgery Case against Ikpeazu is not Criminal.

If immunity covers that circumstance, the charges would be automatically suspended till the end of his tenure.

TheGoodJoe:


The case against Tinubu thrown out, was it an electoral fraud case? Answer the question and understand AntiWailer's 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?

AntiWailer:


I wish another person takes that case up.

The certificate of the president is not a personal matter.

We all deserve to know where it is if it exist at all.

When Trump Challenged Obama on his Birth Certifcate , he released it for all to see.

Even if the certificate is lost or stolen. Photocopy of the original sheet showing other candidates would have helped.

tee10:


It was a civil case. Thrown out based on Section 308

By d way all lawyers and even a 200 level law student know u can sue a Governor based on electoral matters

So stop been clever by half!

tee10:


The case a Ikpeazu is not criminal. I see the source of ur confusion now.

The planitiff only advers that a criminal offience was commited in d processing of electoral process

Individuals don't institute criminal proceedings in Nigerian

The STATE/ DPP/ EFCC or other agents of state does! U goffed

Its purely an election matter: ie whether an individual was validly elected Governor

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.

Check meaning of Absolute first before you jump on the argument.

Synonyms of ABSOLUTE It is not a law term it means
synonyms: complete, total, utter, out-and-out, outright, entire, perfect, pure, decided;

Try not to see everything in the prism of PDP so that whatever analogy you present is assimilated by readers without sensing bias. Someone might similarly say that Falana is an APC lawyer, therefore his submission tilts in favour of APC. This is my humble "LOKOMAPI".


The above makes the STATEMENT a STATEMENT of FACT.

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.

tee10:


It was a civil case. Thrown out based on Section 308

By d way all lawyers and even a 200 level law student know u can sue a Governor based on electoral matters

So stop been clever by half!

Issue can d EFCC freeze a Governor acount in light of section 308?

Fayose may be a criminal, but u can't turn d law upside down in ur attempt to bring him to justice!

popsonbj:


You are diverting this debate to another realm entirely.
Fayose is NOT being prosecuted BUT being
INVESTIGATED. So, please do not misform the public about
the the issue at stake!

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?

TheGoodJoe:


Who is turning the law Upside down? FayOle used embezzled money to give himself an unfair advantage in election. He is being investigated based on that. No immunity protects him from an electoral investigation. So no Absolute Immunity. Very simple.

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.

Check meaning of Absolute first before you jump on the argument.

Synonyms of ABSOLUTE It is not a law term it means
synonyms: complete, total, utter, out-and-out, outright, entire, perfect, pure, decided;


The above makes the STATEMENT a STATEMENT of FACT.

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.

from the above clarifications, kindly juxtapose the bolded with the suit filed against Fayose by EFCC and tell me if it has anything to do with his MANDATE/election as Gov of Ekiti state.

pedrilo:

In ur quest to promote the argument put forth by ur master, u kowtowed the same margin of error by deliberately avoiding the above quote from Ozekhome "Election petitions are generic, they are generic because they are in a class of their own. They are a hybrid, neither civil or criminal procedures. That is why *it is the CONSTITUTION itself that GIVES the RIGHT for a governor to be sued* *when they are CHALLENGING his MANDATE*, it is not the lower laws like an Act of parliament like EFCC. “EFCC is an act of parliament which is millions of miles lower than the provisions of the constitution".

from the above clarifications, kindly juxtapose the bolded with the suit filed against Fayose by EFCC and tell me if it has anything to do with his MANDATE/election as Gov of Ekiti state.

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

AntiWailer:


It was entertained because it has to do with election.

With immunity, all cases are automatically suspended irrespective of the time it started. That is what Ikpeazu was claiming Uche Ugah was trying to do because of his ongoing forgery trial.

So immunity is NOT ABSOLUTE.

tete7000:



As far as I know electoral matters and all relating to it have to be defended at electoral tribunal up to supreme court level. Once that it has been decided I don't agree such a governor can be taken to court again. Ikpeazu case is still at tribunal level, so it is understood why he still in court. Outside of electoral tribunal, can a sitting president or governor be taken to court except on cases like Buhari's certificate which predates his election and can thus not be suspended? I doubt. Is Fayose's case as to do with electoral tribunal? No! Can EFCC institute such legal case against him as a sitting president? I disagree. If his election has already been challenged at the tribunal up to supreme court and he has been vindicated, no more can be done against him until he leaves office. If they have those allegations of money laundering against his election, they should have taken it to the tribunal. Of course we know the tribunal itself has a time limit beyond when you can't sue again.

AntiWailer:


EFCC did not file any suit against Fayose and suit filed by Fayose is different and has nothing to do in this context.

Fayose is under investigation and not under prosecution.

Accounts under investigation can be frozen to aid investigation.

The constitutionality of that is very clear. Even though, debatable in the court of law just like A murderer will have a lawyer defending him too

pedrilo:
EFCC cud nt freeze fayose's account without approaching the court!
and u can not approach the court to investigate a sitting governor in NIGERIA except issues relating to electoral matters
that is the crux of the matter c'mon!

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.

Check meaning of Absolute first before you jump on the argument.

Synonyms of ABSOLUTE It is not a law term it means
synonyms: complete, total, utter, out-and-out, outright, entire, perfect, pure, decided;


The above makes the STATEMENT a STATEMENT of FACT.

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.

nortcentrallord:


What have you said that is different from what Mike said? Quit trying to confuse light feather minds. You are trying so hard and it's obvious.

8BitGee:
Ozekhome lacks credibility. He is one of the hand for hire lawyers, others being Ricki Tarfa, Joseph Daudu.

The Constitution does not guarantee immunity from electoral crime. There have been supreme court interpretations in the past about why absolute immunity in this case can lead to anarchy.

If the constitution guarantees absolute immunity, what is the role of electoral tribunals?

nortcentrallord:


What have you said that is different from what Mike said? Quit trying to confuse light feather minds. You are trying so hard and it's obvious.

AntiWailer:


A valid statement when you have nothing to contribute to the discussion.

nortcentrallord:

What have you said that is different from what Mike said? Quit trying to confuse light feather minds. You are trying so hard and it's obvious.

nortcentrallord:


I didn't expect more... judging from your earlier comment. it's a shame.

nortcentrallord:


Did you even read the thread?

Please let's hear you definition of electoral crime?

What a shame!

slimfit1:


Fayose is morally bankrupt if not he shouldn't have come out in public to shout. We and some families have lost members as a result of our military men not performing their duties because of fund diversion and substandard equipment.
At a time that we need our country to be well secured some people are engaging in looting how do you call that patriotic.
We are talking about a constitution that people didn't even bother to go through before calling it constitution.