Divinalss:
They should have just disqualified the Deputy and ban him from public offices instead of removing the man that won 75% of the total vote cast.

Let me ask a question here, what if the deputy dies before swearing in. ...what happens?

Lyon didn't win 75% solely. It was a joint ticket. Do you know the proportion of that 75% votes that could be traced to the Deputy - from his own loyalists and supporters? That man is a serving senator and not some rookie politician, and must also have a massive fan base too. So what is good for the goose is good for the gander too.

Divinalss:
They should have just disqualified the Deputy and ban him from public offices instead of removing the man that won 75% of the total vote cast.

Let me ask a question here, what if the deputy dies before swearing in. ...what happens?

You been wan kill am?

Thank God the courts got to him before you did.

Iamgrey5:
Actually this further proves the judgment was very political


There's no evidence the certificates were
forged


No one came forward that the other names belonged to them


Forgery is a serious criminal case that needs to be proved beyond reasonable doubt.

It is shocking that an originating summons was used to determine a fraudulent presentation of information. Besides Nigerians hardly cconcern themselves with how they arrange their names. There was a string of consistency in his name, the arrangement was scattered, accepted, but that does not mean it was fraudulent.

isthatso:


He swore an affidavit before a notary public but the notary public was not named...therefore legally that Affidavit is null and void.

Secondly the law says it is only the person who issued a certificate that can change the particulars of that certificate, so in any event the affidavit even if it were a valid document would have no legal consequence.

Which law stated that? The Constitution?

Iamgrey5:
I understand your point, but a judge could have easily given another verdict tbh

It's not like the case is extremely solid.

The judgment is based on the discretion of the judge but she chose to resolve the case again the defendant.

Stop blaming the Supreme court judges. The case was already decided before the election. APC got a stay of execution. So the judge just agreed with the high court.

[quote author=ejimatic post=86687868][/quote]
It takes courage to speak like this despite your affiliation with Lyon's party.

Hopefully, the NA will look into the joint-ticket palaver but as it stands for now, it's the norm.

You have said everything.this should be the Summary..100%

The unbiased and sound judgement would have been to disqualify the man and tell Apc to choose another deputy.
The people gave their mandate to Lyon for Christ sake. Democracy and election is all about the majority's choice. The ought to be paramount.
However, it's either the judges prerogative or our Constitution is bleeped up.
Same with US Constitution that favours Electoral College over majority

Dansuqi:

Buhari had similar issues but wole found a way

Buharis case is not as confusing as this,
You see, people have one mistake or the other on their certificates, but not as much as this Man from Bayelsa. EVERY single one of his certificates bares different names. NOT REARRANGEMENT WOH, but totally different names, some even get addition sef. Something is seriously wrong

mushystuff:


First, the Justice Ejembi Eko who delivered the lead judgement is Male and not female. Perhaps you are under the impression as some others, that because the panel was led by Justice Mary Odili, she also authored the judgment. Panels are always led by the most senior in hierarchy who may not necessarily author the lead judgement; for this panel Justice Mary is the most senior.

Secondly, forgery does not necessarily mean that there must be someone else that bears the names other than the one claiming them. The issue arose from having dissimilar names on multiple documents, claiming ownership of all and yet not using the proper legal means of correcting names if you claim they are wrong. It is on these basis that the Supreme court arrived at its decision and properly chastised the Court of Appeal for agreeing with some preposterous positions canvassed by the respondent.

How is a misarrangment of your names false information? Did the Supreme Court take evidence of what it takes to change one's name on a certificate?

SpecialAgent:


Buharis case is not as confusing as this,
You see, people have one mistake or the other on their certificates, but not as much as this Man from Bayelsa. EVERY single one of his certificates bares different names. NOT REARRANGEMENT WOH, but totally different names, some even get addition sef. Something is seriously wrong

This is untrue. Degi was consistent in all the documents. Wahanaga appears to be a middle omitted and Biobarakmu had some letters missing which is understandable because Nigerian schools are likely to mess up names they are unfamiliar with especially those of ethnic minorities.

His WAEC certificate in 1984 had Adegi Biobakuma
The declaration of statutory age in 1990 had the name: Biobarakuma Degi
His Rivers State Uni certificate had Degi, Biobarakuma
The notary public declaration in 2018 had Biobarakuma Wangahga Degi

The misspelling on his WAEC was corrected with his uncle's declaration of age even when no one contemplated that he would run for office. Subsequent to that the surname was always placed first before his name. The middle name comes after in 2018. The Supreme Court didn't tell us what was on his First School Leaving Certificate in 1978.

To be sincere, most Nigerians have experienced these issues even on international passports. Middle names are almost extinct on our certificates. And people are not too exact on the arrangement of names.

fergie001:

The law states that it is a joint ticket.

Hence, whatever affects A affects B....same as President-Elect/VP-Elect.

Thanks for the enlightenment

mushystuff:


It's a joint ticket, they float or sink together. As you know, no candidate can stand for election without the 2nd ie for Executive positions. If the deputy candidate was not qualified and ought not to have stood for elections, the governorship candidate is also not qualified to contest alone on a ticket. What affects one affects the other.

Thanks so much for this enlightenment.
I'm better informed than I was yesterday.

TheFearless:


Thanks for the enlightenment

Uwc Sir

bkool7:
The unbiased and sound judgement would have been to disqualify the man and told Apc to choose another deputy.
The people gave their mandate to Lyon for Christ sake. Democracy and election is all about the majority's choice. The ought to be paramount.
However, it's either the judges prerogative or our Constitution is bleeped up.
Same with US Constitution that favours Electoral College over majority

Try reading through the thread, this was exhaustively explained earlier on.

mushystuff:


The original election results after voiding the fraudulent APC votes!

Yes

Kay17:


This is untrue. Degi was consistent in all the documents. Wahanaga appears to be a middle omitted and Biobarakmu had some letters missing which is understandable because Nigerian schools are likely to mess up names they are unfamiliar with especially those of ethnic minorities.

His WAEC certificate in 1984 had Adegi Biobakuma
The declaration of statutory age in 1990 had the name: Biobarakuma Degi
His Rivers State Uni certificate had Degi, Biobarakuma
The notary public declaration in 2018 had Biobarakuma Wangahga Degi

The misspelling on his WAEC was corrected with his uncle's declaration of age even when no one contemplated that he would run for office. Subsequent to that the surname was always placed first before his name. The middle name comes after in 2018. The Supreme Court didn't tell us what was on his First School Leaving Certificate in 1978.

To be sincere, most Nigerians have experienced these issues even on international passports. Middle names are almost extinct on our certificates. And people are not too exact on the arrangement of names.

Kay17:


Which law stated that? The Constitution?

The answers to your questions and confusion are all in the judgement which is there in the 1st post on this thread and in other posts by others for you to read. If you can’t be bothered to read the judgement, or bother to read previous posts, then it is not fair to be disturbing people on matters that are out there before you because you cannot be bothered to read. If you read and do not understand, then that is a problem with English.....which I suspect no one can help you with.

All the matters you raise have been addressed, including the primary school leaving certificate which you ignored, why the affidavit is not a valid legal affidavit and why even if it was valid it ihas no effect.....all these are in the judgement. Please try and help yourself!

Kay17:


This is untrue. Degi was consistent in all the documents. Wahanaga appears to be a middle omitted and Biobarakmu had some letters missing which is understandable because Nigerian schools are likely to mess up names they are unfamiliar with especially those of ethnic minorities.

His WAEC certificate in 1984 had Adegi Biobakuma
The declaration of statutory age in 1990 had the name: Biobarakuma Degi
His Rivers State Uni certificate had Degi, Biobarakuma
The notary public declaration in 2018 had Biobarakuma Wangahga Degi

The misspelling on his WAEC was corrected with his uncle's declaration of age even when no one contemplated that he would run for office. Subsequent to that the surname was always placed first before his name. The middle name comes after in 2018. The Supreme Court didn't tell us what was on his First School Leaving Certificate in 1978.

To be sincere, most Nigerians have experienced these issues even on international passports. Middle names are almost extinct on our certificates. And people are not too exact on the arrangement of names.

At the bolded.....How can you determine how true or untrue that is?

Three questions;
Firstly, Do you realise that the Notary Public institution is nameless?

Secondly, Do you know the process of a change of name or date of birth on any certificate?

Thirdly, Does an affidavit alone suffice for a correction on certificates?

Thanks...

fergie001:

Two questions;
Do you realise that the Notary Public institution is nameless?

Do you know the process of a change of name or date of birth on any certificate?

Thanks...

Nigerians are funny people, the constitution and electoral law are there, they won’t google to see what the law says.. The judgement is there front page of the thread, they won’t read it. You post these things here in case they don’t know how to use google and they still will ignore them and be raising matters that have been answered.

You can’t cure a lazy man! Today they will say they are educated, tomorrow these are the same people that will be forging documents nobody required them to submit

isthatso:


Nigerians are funny people, the constitution and electoral law are there, they won’t google to see what the law says.. The judgement is there front page of the thread, they won’t read it. You post these things here in case they don’t know how to use google and they still will ignore them and be raising matters that have been answered.

You can’t cure a lazy man!

You know NL is for enlightenment...
Some don't know and it is important to open it all up

I have learnt a lot here myself, what I dislike though is when you see it, you are explained to and you hold on to your partisan beliefs.

I decided to post this here for us all to learn...I will open a thread on Monday based on this as well so that we don't fall victim(s) of same process.

I am happy this thread has achieved that. Almost all, even APC members here agree that the Degi is a mad man, and the judgement is apt.

Anybody who still holds on to his beliefs that the judgement was wrong, I cannot help that person. Only God can.

fergie001:
dansuqi garfield1 blindersoff ybalogs Caseless

I just read the judgement, bro. I feel like heading to biobarakoma's house and beat him up. What a dunce he is.

fergie001:

At the bolded.....How can you determine how true or untrue that is?

Three questions;
Firstly, Do you realise that the Notary Public institution is nameless?

Secondly, Do you know the process of a change of name or date of birth on any certificate?

Thirdly, Does an affidavit alone suffice for a correction on certificates?

Thanks...

1. Assuming the declaration of 2018 was invalid because of an unnamed notary public, don't you see some consistency in all the names given by Degi. Aside from the middle name Wangagha, the surname Degi and the name Biobarakuma reflect clearly.

2. Change of name is traditionally in form of declarations on oath and affidavits and sometimes a publication to the general public. Each institution has its rules on what form it accepts. The purpose of declarations and affidavits are to force a person to swear on oath the truth of the representations he is making on the pain of perjury. Therefore taking declarations and affidavits beyond mere utterances.

3. It depends on the institution involved. INEC accepted it. Most institutions are satisfied with affidavits and declarations. Besides aside from the Oaths Act, there is no law, black letter, that states how change of name should be done. And the Supreme Court judgement did not state the legal framework it was relying to say an affidavit did not suffice. It didn't say it drew inspiration from the Constitution or any other statute or case law.

isthatso:


Nigerians are funny people, the constitution and electoral law are there, they won’t google to see what the law says.. The judgement is there front page of the thread, they won’t read it. You post these things here in case they don’t know how to use google and they still will ignore them and be raising matters that have been answered.

You can’t cure a lazy man! Today they will say they are educated, tomorrow these are the same people that will be forging documents nobody required them to submit

Irregularity and misarrangement of names is not the same as forgery. Forgery is a criminal offence that it is not proven with affidavit evidence but a full blown trial. Besides isn't the purpose of a forgery defeated where the forgery doesn't reflect the correct arrangement of name?

isthatso:


Nigerians are funny people, the constitution and electoral law are there, they won’t google to see what the law says.. The judgement is there front page of the thread, they won’t read it. You post these things here in case they don’t know how to use google and they still will ignore them and be raising matters that have been answered.

You can’t cure a lazy man! Today they will say they are educated, tomorrow these are the same people that will be forging documents nobody required them to submit

Point out from the judgment the particular law the Supreme Court relied to say a change of name is not by an affidavit?

Kay17:


How is a misarrangment of your names false information? Did the Supreme Court take evidence of what it takes to change one's name on a certificate?

Yes the court did. The high court already did actually and then the Supreme court affirmed the judgement of the high court while quashing that of the court of appeal.
The court stated clearly that only the issuing authority 9f a certificate has the power to correct or effect name changes if the owner of such certificate claims there was an error or something fundamental was added or removed. He didn't comply with that.

Mis-arrangement is 'ABC'; CAB' for example. Meaning those same names will appear consistently but perhaps not on the same order. In this instance however, you have:
1. Degi Biobragha (First School Leaving Certificate)
2. Adegi Brokumo (WAEC/GCE)
3. Degi Biobarakuma Wanagwa (First Degree)

He then swears affidavits claiming his correct names are:
4. Biobarakuma Degi (9 Aug 2018)
5. Biobarakuma Wanagha Degi Eremienyo (18 Sept 2018)

How much consistency is there to these names? Why would 2 affidavits sworn within 1 month of each other have such differences in names when he isn't a woman that maybe got married and took on her husband's name?

Kay17:


1. Assuming the declaration of 2018 was invalid because of an unnamed notary public, don't you see some consistency in all the names given by Degi. Aside from the middle name Wangagha, the surname Degi and the name Biobarakuma reflect clearly.

2. Change of name is traditionally in form of declarations on oath and affidavits and sometimes a publication to the general public. Each institution has its rules on what form it accepts. The purpose of declarations and affidavits are to force a person to swear on oath the truth of the representations he is making on the pain of perjury. Therefore taking declarations and affidavits beyond mere utterances.

3. It depends on the institution involved. INEC accepted it. Most institutions are satisfied with affidavits and declarations. Besides aside from the Oaths Act, there is no law, black letter, that states how change of name should be done. And the Supreme Court judgement did not state the legal framework it was relying to say an affidavit did not suffice. It didn't say it drew inspiration from the Constitution or any other statute or case law.

Let me bring it down...
Leave this grammar..

INEC doesn't have the power to reject a nominated candidate of a political party even if he/she falters in any part of our constitution.. Only the Courts can.
It's well stated in Section 31 of the Electoral Act ammended 2010. So even if was wrong and INEC noticed it, they will do nothing about it.

Don't ever use an affidavit to suffice for any change in your certificate. Only the certification body has that right to correct whatever is wrong on your certificate.
There is nothing like it depends on the institution.
Be it waec, NYSC, neco, FSLC, first degree, masters, PhD whatever...

I repeat only the certification body can do that. Not just an affidavit.

Affidavit is one of the requirements you will take to the certification body to effect the correction but only the certification body...I repeat..only that certification body can make that correction.

Again, so the Supreme Court will begin to read the Registry Act there and probably tell who is a man and a woman. When Degi appeared everywhere, how did Adegi come about?

Why do you think he had two affidavits on same day?
You think he was stupid to do that?

His not naming the Notary Public, you think he was stupid about that?

You are even justifying it for him in your first answer.....what if there was an unnamed Notary Public (does that not give him away already)?

If Degi and Biobarakuma reflects consistently...how did Biobagha come in?

How did Biobakunmo reflect?

Please.

Haba
........EoD...let's give it up already, the man goofed!

@ kay17

I have noticed a number of things with Nigerians which gives rise to a lot of confusion. When transferring everyday speak into official or a legal setting.

1. We are very loose with the English language. The English language is very precise. For instance “present” your documents is different from “submit” your documents. In everyday conversations we tend to use both interchangeably but they mean different things. Present means show your documents for sighting while submit means hand it over. Another example is the term “wife”. I may refer to your girlfriend as your wife, I may refer to the mother of your child as your wife, a woman may live with you for years and bear your children
and be commonly accepted by the community and society as your wife. However for legal and official purposes unless there is a marriage contracted she is not your wife. So the fact that everybody knows her as your wife has no standing in law. So we need to be wary introducing common everyday English into legal English. Screen, authenticate , verify are different meanings. Because Inec has screened or verified is not the same as saying they have authenticated your documents.

2. Nigerians are very “anyhow”. By that I mean people tend to do things because that is what Lagbaja did and it worked for him. Because it worked for him does not mean he did the right thing, it could just have meant nobody checked or had cause to check. There are legal procedures for things and if not followed, the fact that someone else did it will not be an excuse. An affidavit needs an officer of the court (a Lawyer) to put his name to the document. If there is no officer of the court on the document then yhe affidavit in invalid. You might get away because nobody checked but the day somebody checks, you are in trouble. Because people with degrees submit all their certificates to INEC including WASC and primary does not mean they are required. All you need under the law is to submit one 1 certificate that meets the minimum requirement whether that is WASC, teacher training, OND,Bsc, msc, ph.d, post graduate diploma.....it does not matter, all you need is 1, Inec does not need your educational life history.

“ Verification of Affidavits

According to the Assistant Superintendent, the Police Special Fraud Unit relies on the "issuing authority to verify all documents," including affidavits (Nigeria 14 Oct. 2014). Similarly, the Notary Public indicated that for affidavits sworn in the courts, the Assistant Chief Registrar of the court is "usually the authority to confirm genuineness of any purported affidavit" and that for affidavits sworn by notaries, the Notary Public who issued the affidavit can be contacted for confirmation of the genuineness of the document (16 Oct. 2014).”

If you have not named a notary on your affidavit, your affidavit is therefore invalid.

as for the law on change of name and certificates? I am not a lawyer, you have google you can search for the law which I am sure exists. I Am satisfied based on 2 reasons. Firstly, 5 Supreme Court justices have delivered on the matter of affidavit, even if there was no written law, it has now become the law by this judgement. An affidavit is one of most basic things in law, if 5 Supreme Court justices cannot get what constitutes a valid affidavit, then we are in trouble. Secondly it makes sense to prevent a situation where I just pick up another man’s certificate, swear an affidavit that I am the person on the certificate and benefit from that without the body that issued the certificate corroborating the affidavit..does that make sense to you? It makes sense that I should first swear an affidavit and then go to the body that issued the certificate with the affidavit to issue a corrected certificate. I believe somebody mentioned 2 examples where the same thing happened to him or a known person and he had to go to Waec/ unical with the affidavits to be issued with a fresh certificate.

Kay17:


This is untrue. Degi was consistent in all the documents. Wahanaga appears to be a middle omitted and Biobarakmu had some letters missing which is understandable because Nigerian schools are likely to mess up names they are unfamiliar with especially those of ethnic minorities.

His WAEC certificate in 1984 had Adegi Biobakuma
The declaration of statutory age in 1990 had the name: Biobarakuma Degi
His Rivers State Uni certificate had Degi, Biobarakuma
The notary public declaration in 2018 had Biobarakuma Wangahga Degi

The misspelling on his WAEC was corrected with his uncle's declaration of age even when no one contemplated that he would run for office. Subsequent to that the surname was always placed first before his name. The middle name comes after in 2018. The Supreme Court didn't tell us what was on his First School Leaving Certificate in 1978.

To be sincere, most Nigerians have experienced these issues even on international passports. Middle names are almost extinct on our certificates. And people are not too exact on the arrangement of names.

Please read mushystuff quote, He explained things clearly.

This man must be dodging from a name for which he was convicted some where I guess.

ProfIjigah:
This man must be dodging from a name for which he was convicted some where I guess.

or he never went to school and is just picking up certificates of people with similar names. Who leaves primary school at 16 and graduates at 30? Possible but sounds like a dodgy character with holes in his life he is trying to fill

isthatso:
or he never went to school

He never went jareh..