LadyExcellency:


Please define cancellation and tell us where it's applicable in these circumstances.

Void ballot ()
Over voting ( Awesome grounds for cancellation)
No election ( outright cancellation)
Ballot box snatching ( leading to no vote counts or no voting = cancellation)
Result alterations ( outright cancellation)

seunmsg:


I don't understand why people like you keep deceiving yourself. Cancelled votes are cancelled votes once INEC decides so. It is not for you or PDP to start defining what constitutes cancelled votes. Let me also correct your ignorant position on the kogi case, it wasn't a blanket case of election not holding due to INEC limitations. There were cases of violence, ballot box snatching, over voting and others. In Osun, it wasn't a blanket case as well. There was over voting in a unit, ballot box was snatched in another, an INEC official disappeared with collated result in another and violence also rocked another. So you see, they all qualified to be cancelled. If you have nothing intelligent to contribute other than troll my post, please desist from quoting my handle. I really do not fancy people who lack manners.

Redendo:
The problem with INEC is INCONSISTENCY! The bayelsa election between Timipre Silva and Governor Dickson was Never declared inconclusive, despite the fact that the margin of win was less than the total number of cancelled votes.Instead Governor Dickson was declared winner..Same scenario happened during the senatorial election of David mark and his major opponent..David mark was also declared winner with a total number of votes which was less than the total number of cancelled votes!...INCONSISTENCY is the watch word..... So in such situations whereby a certain law is not on same page with the Nigeria constitution, then the Nigeria constitution has the final say....

Butterflyleo:


All of the above already have legal backing for outright cancellation as declared by law.

The above were the reasons given for cancellation. You have a brain in your head, USE IT!

LadyExcellency:


Why was there no rerun when twelve LGAs where cancelled to declare Aregbesola the winner of Osun State Huber election in 2011? Do you know the reason the court gave.

NB: No insult, don't go personal. Just approach my questions or opinions from scholarly point of view. Thanks

LadyExcellency:


Why was there no rerun when twelve LGAs where cancelled to declare Aregbesola the winner of Osun State Huber election in 2011? Do you know the reason the court gave.

NB: No insult, don't go personal. Just approach my questions or opinions from scholarly point of view. Thanks

kahal29:


That was why appeal on governorship election was moved to the Supreme Court

rottennaija:
@op

No mind them...it's like this. When it favors them, they will be happy, praise God, praise inec, exclaim that the will of the people has been manifested, etc

When it don't, they shout blue murder, inec is bias, our democracy is trampled on, no rule of the law, Buhari is wicked, etc


At the end, I simply ignore them, for if life has taught me any thing, it is that politics is like religion. It bias the mind and blind the heart. Two different sets of standards are applied when an individual is affect.


To PDP, if you are not satisfied and since you are not, approach the court. Simple.

Butterflyleo:


If there was cancellation then the onus rests with the aggrieved to seek redress in court and pursue it to the height of the supreme court.

However there is a peculiarity with the Osun polls due to the very slim margin separating both candidates and then with the issue of NO VOTES in one unit, OVER VOTING in another, DISRUPTION in another, ABSCONDING WITH ELECTORAL MATERIALS in another and MANUAL VOTING in another then brings the law to bear because all I just enumerated has been covered under the law for grounds on which a re-run must be conducted based on the peculiarity involved

kahal29:
Chapter 3 paragraph 3.11, step 14 of the Manual for Election Officials (updated version) at page 325 of Volume 1 of the record provides:

3.11: Final Collation and Declaration of Governorship Election Results at State Level:

The State Collation/Returning Officer for the Governorship shall:

Step 14: "Where the margin of win between the two leading candidates is not in excess of the total number of registered voters of the polling unit(s) where elections were cancelled or not held, decline to make a return until another poll has taken place in the affected polling unit(s) and the results incorporated into a new Form EC8D and subsequently recorded into a new form EC8E for Declaration and Return." (Emphasis mine)

The provision is clear and straight forward and did not require a foray into any other provisions in the Manual for it to be effected. There is no dispute as to the fact that the margin between the votes scored by the late Prince Audu and the appellant on the one hand and Capt. Wada and Arch. Awoniyi, on the other was 41,619, which was less than the total number of registered voters in the 91 polling units where votes were cancelled. I therefore agree with the court below that the 1st respondent was correct to have declared the election inconclusive on the basis of the number of registered voters in the 91 affected polling units.
Having regard to the clear provisions of the Election Manual, it would have been wrong for any electoral official to base his decision on any other consideration, such as the number of registered voters who had collected their PVCs,or the geographical spread of the votes already cast. Clear and unambiguous provisions must be given their natural and ordinary meaning. Neither the court nor learned counsel is entitled to read into a provision what it does not contain.

I must at this stage make a brief reference to Chief Olanipekun's contention that the lower court made a finding that the appellant and the late Prince Audu met the requirements of Section 179(2) but failed to give
the proper legal effect to such finding and that there is no appeal against the said finding. I have carefully examined the portion the judgment referred to at pages 1605 - 1606 of Volume 3 of the record, which reads:

"In the light of the facts and circumstances of this case, the appellant has contended that the failure of INEC to apply Section 181(1) of the Constitution in declaring the appellant as the duly elected Governor as at 21-11-2015 is an affront to and a disregard of the Constitution. The question which logically rises from Section 179(2) is whether, as at 21-11-2015, the joint ticket of Prince Audu and the appellant met the requirements of the provision.

The application of this provision turns on the peculiar facts and circumstances of the instant case. The law is trite that where any candidate to the office of a Governor meets with these requirements, he should be declared winner and returned as the duly elected Governor. This much has been held in a plethora of decided cases such as: Ngige V Obi (2006) 14 NWLR held that in the absence of a return by the 1* respondent declaring the appellant and the late Prince Audu as the duly elected Governor and Deputy Governor respectively, neither of them could be deemed to have been duly elected on 21/11/2015 as required by Section 179(2) of the Constitution.

The election conducted on 21/11/2015 was inconclusive until after the conduct of the supplementary election on 5/12/2015 which brought the entire process to conclusion.

It follows therefore, that as the appellant and Prince Audu were not returned as duly elected, there was no basis for the application of Section 181(1) of the Constitution, which allows a Deputy Governor elected with a duly elected Governor to step into the Governor's shoes in the event of death or any other factor leading to his inability to subscribe to the Oath of Allegiance and Oath of office.

Culled From

https://nigerialii.org/ng/judgment/supreme-court/2016/84

studentofTruth:
The lawyer that advised PDP to head to court is only trying to make money from PDP. There's no case there. it's only INEC that can decide when election is concluded or not. if INEC tell you they have not concluded, going to court is only a waste of time and money as the court has no power to conclude an election for inec. When inec has concluded, they you can go to court to redress anomalies in the process of the said election.
The guyman lawyer just want to make some free money out of the poor desperate party. it's their way. in fact it's the way the world works. Con whoever you can and collect his money and look for the next person.

LadyExcellency:


From your point of view, what is the meaning of substantial compliance?

From my own perspective, it is unfortunate for 3450 voters out of 1,450,000 voters to determine the outcome of an election for a State. I will rather advice for rerun instead of a runoff election.

LadyExcellency:


From my own perspective, it is unfortunate for 3450 voters out of 1,450,000 voters to determine the outcome of an election for a State. I will prefer or rather advice for rerun instead of a runoff election.

Albinoflash:
in otherwords free n fair electiön ended in 2015,buhari is a disaster to our growing democracy.quote me and ...

Butterflyleo:


From my perspective its called fair dealing in the law which from my last check represented JUSTICE FOR ALL.

1,450,000 Did not vote on the 22nd so don't bring that in the fray. On issues of this nature, the minority who feel disenfranchised have to be heard which is why there is going to be the voting on Thursday for sake of equity

Albinoflash:
in otherwords free n fair electiön ended in 2015,buhari is a disaster to our growing democracy.quote me and ...

wolesmile:
Abeg, who read the whole thing?




This got me laughing, though: "The gravamen of all the sub-issues canvassed under this issue and indeed the crux of this appeal lies in the following questions"

LadyExcellency:


For a guber election and for what Nigeria has become recently, will you advocate for a rerun or a runoff seeing and knowing for a certainty that this number of people (3450) can easily be bought over or paid off?

LadyExcellency:


For a guber election and for what Nigeria has become recently, will you advocate for a rerun or a runoff seeing and knowing for a certainty that this number of people (3450) can easily be bought over or paid off?

Pacesetter123:
That is,all the GHOST coming out of the GRAVE to seek for justice for dying in electoral violent that they did not participate,and untill their burial,justice was not served.

dweedwee:
Election matter no be here oo

kahal29:


To answer your question objectively I would say NO but this is Nigeria where anything goes. If we don't give room for this rerun we will be creating another Nigerian problem where on an election day your opponent will go to your area of strength, cause trouble there and make INEC to cancel the results from that area thereby making INEC to declare results from areas that there are no issues which will favour him alone.

LadyExcellency:


INEC didn't ask for a rerun rather for a runoff. A rerun will involve every voter rather than 3450 voters.

Redendo:
The problem with INEC is INCONSISTENCY! The bayelsa election between Timipre Silva and Governor Dickson was Never declared inconclusive, despite the fact that the margin of win was less than the total number of cancelled votes.Instead Governor Dickson was declared winner..Same scenario happened during the senatorial election of David mark and his major opponent..David mark was also declared winner with a total number of votes which was less than the total number of cancelled votes!...INCONSISTENCY is the watch word..... So in such situations whereby a certain law is not on same page with the Nigeria constitution, then the Nigeria constitution has the final say....

kahal29:


They asked for a rerun and not run off .The rerun is limited to the affected areas only

studentofTruth:
The lawyer that advised PDP to head to court is only trying to make money from PDP. There's no case there. it's only INEC that can decide when election is concluded or not. if INEC tell you they have not concluded, going to court is only a waste of time and money as the court has no power to conclude an election for inec. When inec has concluded, they you can go to court to redress anomalies in the process of the said election.
The guyman lawyer just want to make some free money out of the poor desperate party. it's their way. in fact it's the way the world works. Con whoever you can and collect his money and look for the next person.

senatordave1:

Its actually you that is being misled.inec inec is telling you that elections were cancelled there,what is your problem? Do you know more than inec? Or are you an excellency for nothing

LadyExcellency:


Please define cancellation and tell us where it's applicable in these circumstances.

Void ballot
Over voting
No election
Ballot box snatching
Result alterations

Again, what does circumstantial compliance means to you. What percentage of perfection?

moderatedguy:
I totally agree and i believe the Supreme court might toe the same line.

Butterflyleo:
I encourage everyone to read the submission from the OP. It would help you in life. If not now, it would do so later.

The law is clear and the supreme court has already taken a stand on this issue of inec and powers given to her. PDP just wish to whip up sentiments in the face of the truth.

I remember when PMB said the Nations security comes first above rule of law many wanted to hang him for that truthful statement but today the same people who cried foul are the ones saying we should discard the rule of law because PDP was leading in the final results when there was no legal reason to declare Adeleke the winner in the face of the realities on ground.

PDP are serious hypocrites.

PDP knows they cannot win Osun and that's fact