seanfer:
Let us blame the NASS for inserting this rubbish section in the Electoral Act.

Ratello:
*PDP vs APC Supreme Court Judgement slated for May 26, 2023: Matters Arising* .


Today, it seemed as if a sledgehammer had hit the APC camp as they might have been caught napping by the PDP over a case filed at the Supreme Court which came up for hearing today.

The Supreme Court Justices would have given judgment today perhaps but they moved the judgement to Friday, May 26th.

And that day is now probably the most important day in Nigeria since the February 25th Presidential election this year.

Millions of Nigerians also were not aware of the case which came up for judgement at the Supreme Court today. The shenanigans at the Presidential Election Tribunal in the past few days were enough distractions to even imagine that a case of this magnitude was waiting at the Supreme Court.

What is the judgment to be given by the Justices of the Supreme Court , in a nutshell? It is to determine if the APC Presidential running mate, Alhaji Shettima violated Section 35 of the Electoral Act 2022 by having a double nomination, thereby voiding the joint presidential ticket.

There’s been precedence set by the Supreme Court in a similar case like this with Uche Nwosu of Imo State. The Supreme Court ruled against Nwosu and disqualified him. That precedent is what many legal experts are looking at to see if the Justices will rule against Shettima and the APC this Friday.

I have spoken to a few brilliant lawyers and their positions are that Shettima has no hope of dodging this case, with all the facts of the case on ground. A couple more lawyers I asked for a balanced opinion are undecided. They feel it can go either way, since the confidence in the Supreme Court in giving the right and expected legal judgments in the political space has been waning for a couple of years now.

If the Supreme Court rules on Friday that Shettima violated the Electoral Law, it would mean outright disqualification of him and Bola Ahmed Tinubu, since it’s a joint ticket!

If that happens on Friday, it would mean a couple of things might happen, depending on the further judgement given. It might mean that the person whom INEC declared as the second position holder in the Presidential Election would be declared the President-Elect. That would be Atiku Abubakar. If that is the case, then Atiku will likely be sworn in as the President.

However, if the Supreme Court disqualifies both Tinubu and Shettima without making any pronouncement on who should be sworn in, there would likely be an extension for a number of days, of the Buhari presidency. Buhari might continue for not more than six months and if he doesn’t wish to continue in office beyond May 29th, perhaps Vice-President Osinbajo might hold forth for a few more months if he too wishes, until another election holds. These are my own layman’s opinions on what might be the scenario and not cast in stone under any legal framework. So, the reader should take this part about an extension of the Buhari/Osinbajo tenure as hypothetical on my part.

There is another scenario too. If Atiku is declared as the winner and sworn in, the case at the Presidential Election Tribunal asking for the judicial interpretation of the constitution as it concerns the 25% in the FCT will definitely come up.

Now, here’s what I think of that section of the constitution. I believe that for a winner to be declared in any Presidential Election, that person has to win 25% in the FCT. I think it’s a no-brainer. My own understanding tells me that the ‘AND’ in that section of the constitution is not in anyway ambiguous but a conjunctive requirement.

So, if Atiku is declared the winner if the judgement on Friday dismisses BAT and Shettima, it is rather likely that he will still step down when the Tribunal gives a judgment on that 25% in the FCT matter. If that happens, Atiku and Obi will slug it out in a run off election, going by the Electoral law, because BAT and Shettima would have been disqualified from running in that run-off.

So, you now can see why this Friday the 26th of May is an important day for millions of Nigerians.

I can only imagine the kind of pressure the Honourable Justices of the Supreme Court are under right now.

Nigerians can only hope that they give the judgement which satisfies their consciences according to the rule of law.

Cc: Seun, Lalasticlala, O4MJ

seanfer:
Funny how you guys are referencing Uche Nwosu all the time this issue comes up.

Uche Nwosu contested under 2 parties APC/AA.
The 2022 Electoral Act did not give someone outside a political party to sue another party about their nomination. Only a party member can do such.
In this case PDP lacks the power to sue APC about how it nominates its candidate.
[/b]Let us blame the NASS for inserting this rubbish section in the Electoral Act.

fergie001:

How is it rubbish?
I was one of the few here complaining when Gbaja was infusing it!

Let us enjoy it abeg! There is no locus, full stop.

Ratello:


If this matter of jurisdiction is the case, what stops Supreme Court from throwing it out, why are they interested in the case all of a sudden and will even give judgment after cross examining the parties involved despite the fact that this case had been thrown out by a Federal High Court and Court of Appeal as a pre election matter which PDP has no locus standi to bring it up.....why? This is why I am interested in the case.....judgment will be served on May 26th, know this.

seanfer:

I never mentioned jurisdiction, rather I said PDP went to Supreme Court after the high court and Appeal court dismiss the case that PDP did not have legal right to sue APC on how it nominates its candidates. If the case is brought by a member of APC it will be considered.

Ratello:


If the case is brought to the Supreme Court by PDP and according to you if they (PDP) lacks legal right to bring it up why is the SC entertaining it and not strike it out? Do you get my drift now?

seanfer:


My brother I just hope the 10th assembly will do some corrections to our electoral act.

Ratello:


If this matter of jurisdiction is the case, what stops Supreme Court from throwing it out, why are they interested in the case all of a sudden and will even give judgment after cross examining the parties involved despite the fact that this case had been thrown out by a Federal High Court and Court of Appeal as a pre election matter which PDP has no locus standi to bring it up.....why? This is why I am interested in the case.....judgment will be served on May 26th, know this.

Ratello:


If this matter of jurisdiction is the case, what stops Supreme Court from throwing it out, why are they interested in the case all of a sudden and will even give judgment after cross examining the parties involved despite the fact that this case had been thrown out by a Federal High Court and Court of Appeal as a pre election matter which PDP has no locus standi to bring it up.....why? This is why I am interested in the case.....judgment will be served on May 26th, know this.

IGBOGENE27:


On the issues of satisfying the 25 percent requirement in FCT, I posit that, In the unlikely event that the SC disqualifies the president elect, based on double nomination pursuant to section 35 of the Electoral Act, the legal implication is that all the votes casted in favour of APC and their candidate, will amount to wasted votes. In that circumstance, Atiku will automatically satisfy the contentious 25 percent requirement in FCT, and also the 25 percent in 24 states of the Federation, and my Lords justices may in their wisdom, declare him as the president elect.

However, Where the court fails to make a pronouncement as to who is the rightful winner of the election, either the AGF or any other contestants, may on Monday morning file an application for judicial interpretation of the judgment at the SC, viz a Viz the constitution and the electoral Act, on who should be sworn in as the president.

But, where none, approaches the SC for interpretation, the president, may likely convene a National council of State's meeting, to determine who to be sworn in as an interim president, as nature abhors vacuum. But, the chances of interim government in today's Nigeria, is a near impossibility.

Lastly, in my opinion, I strongly believe that it's practically impossible for the Court to sack the president elect on 26th May.

Please, the above comments are just for academic purposes, as it was never intended to prejudice or sway the minds of the court.

seanfer:
The awaited Supreme Court judgement on Friday is not about main case of double nomination rather it is about wether PDP have the right to challenge APC nomination of Shettima.
If the Supreme Court rule in favor of PDP the parties will go back to federal high court and the real case will start.
But I can tell you that the PDP appeal will be dismissed.

Uche Nwosu contested under 2 parties APC/AA.
The 2022 Electoral Act did not give someone outside a political party to sue another party about their nomination. Only a party member can do such.
In this case PDP lacks the power to sue APC about how it nominates its candidate.
[/b]Let us blame the NASS for inserting this rubbish section in the Electoral Act.

seanfer:


My brother I just hope the 10th assembly will do some corrections to our electoral act.

DaTruths:


Section 35 of The Electoral law.

35. Where a candidate knowingly allows himself to be nominated by
more than one political party or in more than one constituency, his nomination
shall be void.

If shettima didn't violate the Nominations from two different parties, how about the bolded?

Secondly, The electoral Law is prevalent across all political parties.

By saying PDP can't sue APC for violating the electoral Law, is equivalent to saying your Neighbor can't sue you for physically abusing your kid because he's not a member of your household.

When you violates the law, anybody can sue you, ask a any legal practitioner around you.

fergie001:
Do wetin?
Hahahaha..... 10th Assembly na cash app. When you know the kind of Govs and the way they have bamboozled through the Senate you will understand!

Nobody dey do anything!

DaTruths:


Section 35 of The Electoral law.

35. Where a candidate knowingly allows himself to be nominated by
more than one political party or in more than one constituency, his nomination
shall be void.

If shettima didn't violate the Nominations from two different parties, how about the bolded?

Secondly, The electoral Law is prevalent across all political parties.

By saying PDP can't sue APC for violating the electoral Law, is equivalent to saying your Neighbor can't sue you for physically abusing your kid because he's not a member of your household.

When you violates the law, anybody can sue you, ask a any legal practitioner around you.

seanfer:

I never mentioned jurisdiction, rather I said PDP went to Supreme Court after the high court and Appeal court dismiss the case that PDP did not have legal right to sue APC on how it nominates its candidates. If the case is brought by a member of APC it will be considered.

ivolt:

You are thinking from one angle.
Either the supreme court wants to sack Tinubu or they want to make it easy for the election tribunal to dismiss PDP and LP's petition.
Remember that a supreme court judgment will be binding on the tribunal.

DMerciful:
So APC as a party can gang up and break the law?

seanfer:


Then we are in a serious situation.

fergie001:
What were you expecting before?

DaTruths:


Section 35 of The Electoral law.

35. Where a candidate knowingly allows himself to be nominated by
more than one political party or in more than one constituency, his nomination
shall be void.

If shettima didn't violate the Nominations from two different parties, how about the bolded?

Secondly, The electoral Law is prevalent across all political parties.

By saying PDP can't sue APC for violating the electoral Law, is equivalent to saying your Neighbor can't sue you for physically abusing your kid because he's not a member of your household.

When you violates the law, anybody can sue you, ask a any legal practitioner around you.

seanfer:


Our NASS members are thieves and manipulators.

seanfer:


At the bolded is a different case entirely. The electoral act explain those that can sue a party based on nomination.
High court and Appeal court ruling on this matter is the same thing as my statement that PDP can’t sue APC on how it nominate its candidates, same way APC can’t sue LP about how it nominates candidates. Case can be file by a card carrying member of that party.

Ratello:


If this matter of jurisdiction is the case, what stops Supreme Court from throwing it out, why are they interested in the case all of a sudden and will even give judgment after cross examining the parties involved despite the fact that this case had been thrown out by a Federal High Court and Court of Appeal as a pre election matter which PDP has no locus standi to bring it up.....why? This is why I am interested in the case.....judgment will be served on May 26th, know this.

seanfer:
The awaited Supreme Court judgement on Friday is not about main case of double nomination rather it is about wether PDP have the right to challenge APC nomination of Shettima.
If the Supreme Court rule in favor of PDP the parties will go back to federal high court and the real case will start.
But I can tell you that the PDP appeal will be dismissed.

Uche Nwosu contested under 2 parties APC/AA.
The 2022 Electoral Act did not give someone outside a political party to sue another party about their nomination. Only a party member can do such.
In this case PDP lacks the power to sue APC about how it nominates its candidate.
[/b]Let us blame the NASS for inserting this rubbish section in the Electoral Act.

seanfer:


At the bolded is a different case entirely. The electoral act explain those that can sue a party based on nomination.
High court and Appeal court ruling on this matter is the same thing as my statement that PDP can’t sue APC on how it nominate its candidates, same way APC can’t sue LP about how it nominates candidates. Case can be file by a card carrying member of that party.