mach7:
This case is very tricky and not as straightforward as it seems.

I am NOT a Lawyer, so perhaps the experts can advice better.

But sections 149 of the Electoral Act of 2022 as amended that any actions taken by any AGENT or OFFICIAL of the commission with regards to an election, can only be overturned by an Electoral Tribunal or any other competent court of jurisdiction.

The issues here which we can determine are:

1. The REC is an agent and official of the commission, so his action or inaction can only be challenged or overturned by the Tribunal (as derived from section 149).

2. The REC doesn't have any power to declare results as such powers ONLY rest with the Returning Officer. Hence, his action is in breach of the Electoral Act

3. The commission doesn't have the POWER to OVERTURN results. Only the Tribunal can do so.

Seems nah Tribunal go finally settle this matter.

Binani don outsmart Fintiri.

Just has you pointed out. It's a very tricky one but the electoral law is clear, the REC doesn't have the power to make a return. What he did was to usurp the powers of the returning officer that was appointed by the commission.

If we go by the highlighted and allow this rascality to stand, then what will now happen going forward is that any staff of INEC can be cornered by a candidate in an election to make a declaration even when the process have not been concluded

She's correct,only a tribunal or the Supreme Court can void her election after being announced as the duly elected Governor. PDP can go to the tribunal.

123456789O:


https://twitter.com/jrnaib2/status/1648067656996487170?t=AWzcrh7iM869zYY6BDp2Iw&s=19

INEC likes wasting time, all the time.

AAA593:


Only you don use number 2 take cancel 1 and 3. There's no case bro

You are not getting my point. Yes, the action of the REC is wrong, but it is only the tribunal can that nullify or overturn the effect of the action (declaring Binani as winner). INEC doesn't have such powers, that is if we are going by the Electoral Act.

So it’s true,it’s true that Tinubu is a criminal?

Ofunaofu:


Just has you pointed out. It's a very tricky one but the electoral law is clear, the REC doesn't have the power to make a return. What he did was to usurp the powers of the returning officer that was appointed by the commission.

If we go by the highlighted and allow this rascality to stand, then what will now happen going forward is that any staff of INEC can be concerned by a candidate in an election to make a declaration even when the process have not been concluded

Yes, REC doesn't have such power but he has done it. It is only the Tribunal that can undo what he has done. As to allowing such to stand, I guess it is a loophole that which need to be urgently addressed. Obviously, the drafters of the Electoral Act wouldn't have foreseen a REC usurping the powers of the Returning Officer. It is unprecedented.

MASTAkiLLAh:
you can never disappoint with your backwards thought process

But he just spoke the truth. It is a high powered politics.

As it stands only the tribunal can decide.

The woman has a good case. The electoral Act 2022 as amended is a time bomb in this matter.

Ofunaofu:


Just has you pointed out. It's a very tricky one but the electoral law is clear, the REC doesn't have the power to make a return. What he did was to usurp the powers of the returning officer that was appointed by the commission.

If we go by the highlighted and allow this rascality to stand, then what will now happen going forward is that any staff of INEC can be concerned by a candidate in an election to make a declaration even when the process have not been concluded

I totally agree with your inputs here. This matter is very tricky and as it stands we can't even come to a conclusion here.

I think the court must do everything to save our democracy otherwise politicians will start to carry out this kind of Act

mach7:
This case is very tricky and not as straightforward as it seems.

I am NOT a Lawyer, so perhaps the experts can advice better.

But sections 149 of the Electoral Act of 2022 as amended that any actions taken by any AGENT or OFFICIAL of the commission with regards to an election, can only be overturned by an Electoral Tribunal or any other competent court of jurisdiction.

The issues here which we can determine are:

1. The REC is an agent and official of the commission, so his action or inaction can only be challenged or overturned by the Tribunal (as derived from section 149).

2. The REC doesn't have any power to declare results as such powers ONLY rest with the Returning Officer. Hence, his action is in breach of the Electoral Act

3. The commission doesn't have the POWER to OVERTURN results. Only the Tribunal can do so.

Seems nah Tribunal go finally settle this matter.

Binani don run Fintiri street.

So any staff or agent can declare me president of Nigeria? You sef reason am na. If that's the case, I will also contest then look for an adhoc staff or perhaps a corp member to just declare me president

Antipob777:


But he just spoke the truth. It is a high powered politics.

As it stands only the tribunal can decide.

The woman has a good case. The electoral Act 2022 as amended is a time bomb in this matter.

which tribunal are you all shouting up and down? It's a senseless declaration in the first place. A declaration that didn't follow the due process nor ever was real going by the figures of the results. The mumu woman might even be fined😏😏

Her clueless injunction will never hold any water. Inec will go ahead with their collation of results and announce Governor fintiri the winner of the poll and Inec giving him the certificate of return too.

Clueless APC leaders and members on the media, they are now supporting Binani watery injunction that will never stand. Binani has failed woefully beyond redemption, she will be charged and jailed for this crimes she has perpetrated already.

THIEF

#AdamawaDecides
Aisha Binani, Senator Elisha Aboh and all their scallywags, should read Section 65 of the Electoral Act. It is within the powers of inecnigeria to review the travesty, the rape and crass impunity in Adamawa.

mach7:
This case is very tricky and not as straightforward as it seems.

I am NOT a Lawyer, so perhaps the experts can advice better.

But sections 149 of the Electoral Act of 2022 as amended that any actions taken by any AGENT or OFFICIAL of the commission with regards to an election, can only be overturned by an Electoral Tribunal or any other competent court of jurisdiction.

The issues here which we can determine are:

1. The REC is an agent and official of the commission, so his action or inaction can only be challenged or overturned by the Tribunal (as derived from section 149).

2. The REC doesn't have any power to declare results as such powers ONLY rest with the Returning Officer. Hence, his action is in breach of the Electoral Act

3. The commission doesn't have the POWER to OVERTURN results. Only the Tribunal can do so.

Seems nah Tribunal go finally settle this matter.

Binani don run Fintiri street.

Binani the clueless fraudster is a clueless goner joor

#AdamawaDecides

Aisha Binani, Senator Elisha Aboh and all their scallywags, should read Section 65 of the Electoral Act. It is within the powers of inecnigeria to review the travesty, the rape and crass impunity in Adamawa.

No sensible judge should entertain that exparte.



Section 65 states:

(1) The decision of the returning officer shall be final on any question arising from or relating to—



(a) unmarked ballot paper;



(b) rejected ballot paper; and



(c) declaration of scores of candidates and the return of a candidate:



Provided that the commission shall have the power within seven days to review the declaration and return where the commission determines that the said declaration and return was not made voluntarily or was made contrary to the provisions of the law, regulations, guidelines, and manual for the election.



(2) A decision of the returning officer under subsection (1) may be reviewed by an election tribunal or court of competent jurisdiction in an election petition proceedings under this Act.

Firstorderwizard:
Sen Binani just lost a silent supporter.
Her desperation shows she has nothing to offer.

She just another thief like dezaini aspiring to be come governor, first female governor my. Ass ole

This is the law! INEC has the power to do what they did yesterday

By virtue of Section 65 of the Electoral Act, 2022, INEC can now, within 7 days, review results declared by a returning officer under duress or where such a declaration was made contrary to the provision of the law, regulations and guidelines, and manual for the election. This is without prejudice to the jurisdiction of a court of competent jurisdiction or election tribunal to review the decision of the returning officer.

Firstorderwizard:
Sen Binani just lost a silent supporter.
Her desperation shows she has nothing to offer.

Remind me again, what is the value of your useless, silent support? Like she ever needed it

Chief Olanipekun was right after all, someone just put that section to test ..a democratic coup I must say. A Politician goal is to enter that Government house even if it is 30days, it's enough time to make a good or bad impact.

CilicMarin:
She has a strong case!

She doesn't have a Vase but rather she will be Jailed
Mr. she came second but the REC announced her as first

dustmalik:

Remind me again, what is the value of your useless, silent support? Like she ever needed it

How will you feel if you Graduated with 4.0 Distinction but the school wrote 3.0(upper)
It may be your party but know that you have conscience and the Evil you supports today might hurt you soonest

9jahotblog:
This is the law! INEC has the power to do what they did yesterday

By virtue of Section 65 of the Electoral Act, 2022, INEC can now, within 7 days, review results declared by a returning officer under duress or where such a declaration was made contrary to the provision of the law, regulations and guidelines, and manual for the election. This is without prejudice to the jurisdiction of a court of competent jurisdiction or election tribunal to review the decision of the returning officer.

APC people ran to Court but wants BAT whose victory has lots of issue to be sworn in

mach7:
Yes, REC doesn't have such power but he has done it. It is only the Tribunal that can undo what he has done. As to allowing such to stand, I guess it is a loophole that which need to be urgently addressed. Obviously, the drafters of the Electoral Act wouldn't have foreseen a REC usurping the powers of the Returning Officer. It is unprecedented.

One cannot build something on nothing

The REC doesn't have such powers abinitio. Reason the Commission had to come out immediately to declare his actions null and void and of no effect.

mach7:
This case is very tricky and not as straightforward as it seems.

I am NOT a Lawyer, so perhaps the experts can advice better.

But sections 149 of the Electoral Act of 2022 as amended that any actions taken by any AGENT or OFFICIAL of the commission with regards to an election, can only be overturned by an Electoral Tribunal or any other competent court of jurisdiction.

The issues here which we can determine are:

1. The REC is an agent and official of the commission, so his action or inaction can only be challenged or overturned by the Tribunal (as derived from section 149).

2. The REC doesn't have any power to declare results as such powers ONLY rest with the Returning Officer. Hence, his action is in breach of the Electoral Act

3. The commission doesn't have the POWER to OVERTURN results. Only the Tribunal can do so.

Seems nah Tribunal go finally settle this matter.

Binani don run Fintiri street.

Yes that is after the 7 days review the same act stipulated.

fergie001:
This is really funny.....

She didn't avail the judge of the votes?


I believe that the subject matter is post-election and the FHC has no business whatsoever with it!

garfield1 ejimatic, help me here/

. 1. INEC reserves the right to cancel the declaration and make another one. It can review results declaration.That is why it is called INDEPENDENT agency.
2 As for Adamawa results ,the REC is not the returning officer at all. He is just the coordinator of the election at the state level.Why announcing the result illegally?
3. Dissatified, Binani went to FHC for the redress,in my opinion this is wrong. All issues relating to the conduct of election including voting and results decalaration are Tribunal matters. The FHC has no jurisdiction to entertain it.
4 We hope she will quickly reakise it and do the right thing.

It's now by fire by force, what a nation. I hope we won't have another supreme court governor!!! It's well.

[color=#000099][/color]

mach7:
This case is very tricky and not as straightforward as it seems.

I am NOT a Lawyer, so perhaps the experts can advice better.

But sections 149 of the Electoral Act of 2022 as amended that any actions taken by any AGENT or OFFICIAL of the commission with regards to an election, can only be overturned by an Electoral Tribunal or any other competent court of jurisdiction.

The issues here which we can determine are:

1. The REC is an agent and official of the commission, so his action or inaction can only be challenged or overturned by the Tribunal (as derived from section 149).

2. The REC doesn't have any power to declare results as such powers ONLY rest with the Returning Officer. Hence, his action is in breach of the Electoral Act

3. The commission doesn't have the POWER to OVERTURN results. Only the Tribunal can do so.

Seems nah Tribunal go finally settle this matter.

Binani don run Fintiri street.

She is a desperate woman. She has fall my hands. I thought she is intelligent.
Read: The 2022 Electoral Act, section 65 say Provided that the Commission shall have the power within seven days to review the declaration and return where the Commission determines that the said declaration and return was not made voluntarily or was made contrary to the provisions of the law, regulations and guidelines, and manual for the election.”

Inec already set a standard by declaring whatever they want and urge the aggrieved party to go to court. This is just the beginning of the madness, cuz moves like this will gradually become a norm and be bastardized. And I am yet to see the people who were accusing the thin wind of insurrection and plot to install an incumbent government air their opinion on this subject matter.

ejimatic:
. 1. INEC reserves the right to cancel the declaration and make another one. It can review results declaration.That is why it is called INDEPENDENT agency.

2 As for Adamawa results ,the REC is not the returning officer at all. He is just the coordinator of the election at the state level.Why announcing the result illegally?

3. Dissatified, Binani went to FHC for the redress,in my opinion this is wrong. All issues relating to the conduct of election including voting and results decalaration are Tribunal matters. The FHC has no jurisdiction to entertain it.

4 We hope she will quickly reakise it and do the right thing.

I couldn't have said it better.

fergie001:
This is really funny.....

She didn't avail the judge of the votes?


I believe that the subject matter is post-election and the FHC has no business whatsoever with it!

garfield1 ejimatic, help me here/

This is despiration taken tòo faaaar.

Surprisingly a SAN filed this.

1. What is her score,

2. Has the process been concluded

3. What is the supplementary result.

It's DOA

CilicMarin:
She has a strong case!

Strong what you say.

mach7:
Yes, REC doesn't have such power but he has done it. It is only the Tribunal that can undo what he has done. As to allowing such to stand, I guess it is a loophole that which need to be urgently addressed. Obviously, the drafters of the Electoral Act wouldn't have foreseen a REC usurping the powers of the Returning Officer. It is unprecedented.

Lol the election has not even be concluded.