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Supplementary Election Is Not Recognized By Law---osun Election Tribunal - Politics (2) - Nairaland

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Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by deomelo: 6:14pm On Mar 22, 2019
Tittos:



First of all, you are the one that has actually failed to show documented and constitutional facts that states supplementary elections. I would like you to quote the part of the constitution that empowers Inec to conduct supplementary elections.



I did already, it's up there to read if you know how to.



Yes, the constitution delegated election matters to Inec but INEC


...so why are you questioning INECT for operating within the confines of the constitution that created the same INEC and empowered.?

You are not making any sense.


[s] must operate according to the stipulations of the constitution and the election Tribunals and court are they to interpret the constitution and the laws concerning election matters. Your statement "not to any tribunal or other forms of interpretation" is wrong. Otherwise you are then telling me that the Ajimobi, Amosun and even Aregbesola should not have been governors and their tenured were all illegal.[/s]


INEC and our electoral laws/Acts are creations of the Nigerian constitution and only INEC is delegated by the Nigerian constitution to conduct elections and supplementary based on the same INEC acts and the Nigerian constitution that created INEC.

If you are going to argue or counter anything, start by saying INEC and it's acts are unconstitutional.. Start from there instead of throwing around meaningless an vague constitution argument that you can not support with facts.

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Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by tempest01(m): 6:14pm On Mar 22, 2019
rexwalters:
I agree,if that is what pdp is hinging their victory on,then in reality the case in court should be exclusively between pdp and inec,pdp challenging inec"s powers when it comes to election matters,with this precedence which i know won't stand,a court can annul an election because inec changed the original date of the scheduled election.

Wrong notion in the sense that the interpretation of the ruling by the OP is wrong.
Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by BuhariAdvocate: 6:17pm On Mar 22, 2019
Stop interpret what you don't know guy.same law also back supplementary election.

1 Like 1 Share

Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by Afamed: 6:21pm On Mar 22, 2019
tuniski:

The constitution is superior to the electoral act.
Is Electoral act not part of Nigeria Constitution? Schmuck

1 Like 1 Share

Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by rexwalters: 6:21pm On Mar 22, 2019
tempest01:


Wrong notion in the sense that the interpretation of the ruling by the OP is wrong.
An interpretation of mine,yours and their personal opinions presumably based on what they deem as the facts of the subject matter?

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Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by rexwalters: 6:27pm On Mar 22, 2019
deomelo:




I did already, it's up there to read if you know how to..






...so why are you questioning INECT for operating within the confines of the constitution that created the same INEC and empowered.?

You are not making any sense.





INEC and our electoral laws/Acts are creations of the Nigeria constitution and only INEC is delegated by the Nigerian constitution to conduct elections and supplementary based on the same INEC acts and the Nigerian constitution that created INEC.

If you are going to argue or counter anything, start by saying INEC and it's acts are unconstitutional.. Start from there instead of throwing around meaningless an vague constitution argument that you can not support with facts.

Don't mind pdp they think it is the old INEC of the past where they use palm kernel as thumb print and just declare themselves the winner,Pdp is questioning INEC's authority on election matters,maybe they want engineer Baru and NNPC to come and conduct elections for them at oil well locations?Thieves.

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Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by Cantonese: 6:31pm On Mar 22, 2019
deomelo:
This is obviously a Kabukabu tribunal..


The jokers obviously have their own version of the Nigerian constitution and INEC/electoral act.


. grin grin

Even at that with the recounting of the votes and subtractions made by the tribunal today it showed that the PDP won. Look we should go past the age of hoodwinking and bamboozling by greedy politicians. We all saw clearly what happened during the do called re runs where APC positioned soldiers, police and thugs. They backed it up with money to the hands of the people. PDP supporters could not vote in their own strongholds.

Even if the rule by the supreme court is upheld there do not forget the issue of valid votes counted and re echoed by the tribunal today.

Lastly do you remember that President Buhari told us all that APC used remote control in Osun state? If there is anything left of the APC called intergrity then they should just accept defeat.

Clearly APC was beaten by the electorate who voted. The combined vote of the PDP and SDP far exceeded APC votes indicating rejection.

3 Likes

Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by tuniski: 6:51pm On Mar 22, 2019
Afamed:

Is Electoral act not part of Nigeria Constitution? Schmuck
It is sub! The constitution is the overriding law of nigeria every other act are derived from the constitution to the extent of their constituency.

1 Like

Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by tuniski: 6:57pm On Mar 22, 2019
rexwalters:
What if you do not have the 25% of 2/3 that overrides the Electoral Act?Will INEC not use common sense and call for a supplementary election?
The constitution provides for run off between the two leading candidates. Mind your the winner must equally meet the 25% of 2/3 else they will continue the run off.
Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by ChristianNorth: 6:59pm On Mar 22, 2019
deomelo:




Electoral act is part of the Nigerian constitution.


Instead of arguing, show us the part of the Nigerian constitution that says supplementary elections are illegal
The electoral act is not part of the constitution. The constitution is the supreme law and it empowers the legislature to enact subsidiary legislation and any law that is inconsistent with the constitution is to the extent of that inconsistency null and void.

So the constitution and the electoral act are two different bodies of law.

1 Like

Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by tuniski: 7:00pm On Mar 22, 2019
rexwalters:
He will lose,If I am ahead by 3 thousand votes and 14 thousand votes were inconclusive (adjective not leading to a firm conclusion or result;not ending doubt or dispute)and needs to be rescheduled,do I the umpire INEC declare you the winner?

Until the inec reward of bad behaviour via cancellation and supplementary election is challenged to supreme court, you can't say tambuwal will lose.

1 Like

Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by ChristianNorth: 7:04pm On Mar 22, 2019
deomelo:




Not agreeing is your right and opinion, but opinions are not facts.

Show documented and constitutional facts that says supplementary elections are illegal and INEC is illegal and not part of the Nigerian constitution that created INEC in the first place.


The constitution delegated election matters to INEC and INEC only, not to any tribunal or other kinds of interpretations.
The constitution did not delegate election matters to INEC rather it delegates the power to make subsidiary laws to the NASS.

The INEC Act is one of the subsidiary legislation and it is what delegates electoral matters to INEC. Any subsidiary legislation that is not consistent with the constitution is to the extent of that inconsistency null and void.

1 Like

Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by Iamgrey5(m): 7:14pm On Mar 22, 2019
deomelo:
This is obviously a Kabukabu tribunal..


The jokers obviously have their own version of the Nigerian constitution and INEC/electoral act.


. grin grin
The main bone of contention was that the two judges claimed the election was held and cancelled by the returning officer. Hence, it is not a cancellation as stipulated in the piece of Constitution you provided. Thus, a supplementary election is illegal in that case.

They said PDP provided enough evidence to prove thst elections were held in those polling unit where results were cancelled.

Hence, the PDP won baseɗ on the original results presentation


What I don't understand is the conditions for election cancellations.


However, the third judge stated that a tribunal can't subtract the results of elections and delcare a winner based on the validity of the process. It will rather order inec to conduct a new election.


Tribunal can't punish APC and the voters in those polling unit because of Inec.
Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by deomelo: 7:22pm On Mar 22, 2019
ChristianNorth:

The electoral act is not part of the constitution. The constitution is the supreme law and it empowers the legislature to enact subsidiary legislation and any law that is inconsistent with the constitution is to the extent of that inconsistency null and void.

So the constitution and the electoral act are two different bodies of law.


Same ignorant nonsense.


Why are you people so ignorant and uneducated?

I wonder if they still teach social studies and civic education in Nigeria
Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by ogtavia(m): 7:24pm On Mar 22, 2019
JoanHicks:
Why do I have this feelings that judiciary will punish APC for looking down on them

I hope by punishment you mean, do their jobs, remain non-partisan and uphold the rule of law?
Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by ChristianNorth: 7:26pm On Mar 22, 2019
deomelo:


Same ignorant nonsense.

Why are you people so ignorant and uneducated?
I wonder if they still teach social studies and civic education in Nigeria

This is not social studies but Nigerian Legal System 101, a 100 Level course.
Stop embarrasing us please

1 Like

Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by Iamgrey5(m): 7:29pm On Mar 22, 2019
ChristianNorth:

The constitution did not delegate election matters to INEC rather it delegates the power to make subsidiary laws to the NASS.

The INEC Act is one of the subsidiary legislation and it is what delegates electoral matters to INEC. Any subsidiary legislation that is not consistent with the constitution is to the extent of that inconsistency null and void.
This is not a new legislation. So NASS is not important here.

It is about the interpretation of the law that is already in place.

Hence, the courts and inec itself are in the best place to interpret the law.
Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by Wiseandtrue(f): 7:47pm On Mar 22, 2019
deomelo:



Supplementary election is part of the electoral law and the same act that created INEC via the Nigerian constitution. The tribunal obviously did not read the act or they are just ignorant, clueless or just rendered bought and paid for verdict.
Please quote the part of Constitution that supports it undecided

1 Like

Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by NnadyAutos: 8:04pm On Mar 22, 2019
Read the judgement very well for better understanding. The panel said that the returning officer don't have the right to cancell votes at the collating centre.It means cancellation had to be done at the polling unit by the unit officers, not at coalition centre after the real results are made known.

1 Like

Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by Iamgrey5(m): 8:09pm On Mar 22, 2019
NnadyAutos:
Read the judgement very well for better understanding. The panel said that the returning officer don't have the right to cancell votes at the collating centre.It means cancellation had to be done at the polling unit by the unit officers, not at coalition centre after the real results are made known.
what if there were high level of frauds detected during collation at ward level?

This judgement is really going to be tested
Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by Deemas(m): 8:26pm On Mar 22, 2019
Naijaguy12345:
Go sit down . If it was PDP about to loose it's recognise by the law.

Kai... E pain you o, sorry!
Re: Supplementary Election Is Not Recognized By Law---osun Election Tribunal by Tittos: 9:05pm On Mar 22, 2019
deomelo:




I did already, it's up there to read if you know how to.






...so why are you questioning INECT for operating within the confines of the constitution that created the same INEC and empowered.?

You are not making any sense.





INEC and our electoral laws/Acts are creations of the Nigerian constitution and only INEC is delegated by the Nigerian constitution to conduct elections and supplementary based on the same INEC acts and the Nigerian constitution that created INEC.

If you are going to argue or counter anything, start by saying INEC and it's acts are unconstitutional.. Start from there instead of throwing around meaningless an vague constitution argument that you can not support with facts.


You obviously lack basic emotional intelligence and that's why you are wailing like a cry baby. Since you lack comprehension I will try to dumb the argument down for you.

A court has all rights to interpret the constitution as it relates to Inec, election matters and every other matter.

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