"The Court of Appeal cannot collect evidence from the market overt; for example from the Balogun market, Lagos; Dugbe market, Ibadan; main market, Jos; Central market, Kaduna; Central market (former Gwari market), Minna; Wuse market, Abuja. On the contrary, the Court of Appeal, has to wait for evidence, as the court did, in the court building duly constituted as a court qua adjudicatory body. Courts of law being legal and sacred institutions do not go on a frolic or on a journey to collect inculpatory or exculpatory evidence. On the contrary, they deal only with evidence before them which is procedurally built on arid legalism. For the avoidance of doubt, I am not saying by this judgment that all was well with the conduct of the Presidential Election conducted in 2007. What I am saying is that there was no evidence before the Court of Appeal to dislodge section 146(1) of the Electoral Act.

It is sad that so much has been said in the newspapers of this country on the case. The new technology of internet reporting has added to the comments, some of them doubting our integrity to do justice according to law. I regard them as blackmail and I will not succumb to blackmail, I swore on that eventful day as a High Court Judge to do justice to all manner of persons without fear or favour. I have never departed from that oath and I will not, God helping. It is too late in the day to do so. Nigeria is a country where suspicion of wrong doing is the past time of the citizens. Nigerians should realise that some public officers should be trusted to do the right thing. Why not the Judges!

Nigeria is one vast and huge country made up of so many diversities in terms of tribes, cultures, sociology, anthropology and above all, quite a number of political parties (some large, some small). These diversities, coupled with the usual aggressiveness of Nigerians arising particularly from the do or die behaviour in politics; there must be irregularities. Courts of law must therefore take the irregularities for granted unless they are of such compelling proportion or magnitude as to “affect substantially the result of the election.” This may appear to the ordinary Nigerian mind as a stupid statement but that is the law as provided in section 146(1) of the Electoral Act and there is nothing anybody can do about it, as long as the Legislature keeps it in the Electoral Act. The subsection is like the rock of Gibraltar, solidly standing behind and for a respondent to an election petition. I am not saying that a Presidential Election can never succeed in the light of section 146(1). No. It can if the petitioner discharges the burden the subsection places on him.

The way politics in this country is played frightens me every dawning day. It is a fight to finish affair. Nobody accepts defeat at the polls. The Judges must be the final bus stop. And when they come to the Judges and the Judges in their professional minds give judgment, they call them all sorts of names. To the party who wins the case, the Judiciary is the best place and real common hope of the common man. To the party who loses, the Judiciary is bad. Even when a party loses a case because of serious blunder of Counsel, it is the Judge who is blamed. Why? While I know as a matter of fact that in every case, the Judge makes an additional enemy, if I use the word unguardedly, I must say that the Judge does not regard the person as his enemy. The Judge who has given judgment in the light of the law, should not be castigated in the way it is done in this country. That is a primitive conduct and I condemn it. It is a conduct that does not help the promotion of the administration of justice. It is rather a conduct that is likely to affect adversely the administration of justice in this country. I feel very strongly that Nigerian Judges should be allowed to perform their judicial functions to the best of their ability. I should also say that no amount of bad name-calling will deter Nigerian Judges from performing their constitutional functions of deciding cases between two or more competing parties. Somebody must be trusted in doing the correct thing. Why not the Nigerian Judge?

In sum, this appeal fails and it is dismissed. Accordingly, Alhaji Umaru Musa Yar’Adua and Dr Jonathan Goodluck are the President and Vice President of the Federal Republic of Nigeria, respectively. I make no order as to costs.

Zombidients go cry blood.

They have resolved to intimidating the Judiciary, but instead of being intimidated, the Judiciary is angry and furious at the headless mob, the Zombidients will cry when the Judiciary throws out their useless case.

yemex04:



The Court of Appeal cannot collect evidence from the market overt; for example from the Balogun market, Lagos; Dugbe market, Ibadan; main market, Jos; Central market, Kaduna; Central market (former Gwari market), Minna; Wuse market, Abuja.


It is sad that so much has been said in the newspapers of this country on the case. The new technology of internet reporting has added to the comments, some of them doubting our integrity to do justice according to law. I regard them as blackmail and I will not succumb to blackmail, I swore on that eventful day as a High Court Judge to do justice to all manner of persons without fear or favour.



. To the party who loses, the Judiciary is bad. Even when a party loses a case because of serious blunder of Counsel, it is the Judge who is blamed.

In sum, this appeal fails and it is dismissed. Accordingly, Alhaji Umaru Musa Yar’Adua and Dr Jonathan Goodluck are the President and Vice President of the Federal Republic of Nigeria, respectively. I make no order as to costs.

Our Judges are not intimidated in anyway, of that I'm sure.

Peter obi failed to prove how he won the election besides he did not win 25% in two thirds and as such can never be declared winner by any constitutional court. Atiku did not win constitutionally besides the difference in votes between him and the winner is wide enough. The issue of 25% in Abuja is just madness as all votes count equally in all parts of the country. Abuja is not an electoral college like Obedients think it is . Tinubu will be declared winner in the judgement. Double loss plus additional waste of money and time.!

Courts of law being legal and sacred institutions do not go on a frolic or on a journey to collect inculpatory or exculpatory evidence. On the contrary, they deal only with evidence before them which is procedurally built on arid legalism

Well, the evidence are plenty to contend with this time around. Let the legal fireworks continue.

The tribunal will give judgement base on the evidence before them. They can't be bullied

Obidients will soon invade this thread with insults as usual

LP/Obi dump the result sheets on the floor of the court for the honourable Judges to start finding where there are discrepancies. I laugh when some people say the evidences are too many. I ask them did Obi or LP dispute any figure mentioned by INEC and they always go mute.

This holding of Niki Tobi JSC aptly captures the current mood

What about Atiku's case? What about APM's case?

jahsharon:
Zombidients go cry blood.

They have resolved to intimidating the Judiciary, but instead of being intimidated, the Judiciary is angry and furious at the headless mob, the Zombidients will cry when the Judiciary throws out their useless case.

What about Atiku's case?

skj1377:
Peter obi failed to prove how he won the election besides he did not win 25% in two thirds and as such can never be declared winner by any constitutional court. Atiku did not win constitutionally besides the difference in votes between him and the winner is wide enough. The issue of 25% in Abuja is just madness as all votes count equally in all parts of the country. Abuja is not an electoral college like Obedients think it is . Tinubu will be declared winner in the judgement. Double loss plus additional waste of money and time.!

seanfer:
LP/Obi dump the result sheets on the floor of the court for the honourable Judges to start finding where there are discrepancies. I laugh when some people say the evidences are too many. I ask them did Obi or LP dispute any figure mentioned by INEC and they always go mute.

Yes he did

This holds relevant in our situation today.
Justice Niki Tobi was a highly respected Judge. God bless his soul.

skj1377:
Peter obi failed to prove how he won the election besides he did not win 25% in two thirds and as such can never be declared winner by any constitutional court. Atiku did not win constitutionally besides the difference in votes between him and the winner is wide enough. The issue of 25% in Abuja is just madness as all votes count equally in all parts of the country. Abuja is not an electoral college like Obedients think it is . Tinubu will be declared winner in the judgement. Double loss plus additional waste of money and time.!

He didn't say that he won, he just say the judges should disqualify Emuilokan Tinubu because the man is undefeatable.

[b]"The way politics in this country is played frightens me every dawning day. It is a fight to finish affair. Nobody accepts defeat at the polls. The Judges must be the final bus stop. And when they come to the Judges and the Judges in their professional minds give judgment, they call them all sorts of names. To the party who wins the case, the Judiciary is the best place and real common hope of the common man. To the party who loses, the Judiciary is bad. Even when a party loses a case because of serious blunder of Counsel, it is the Judge who is blamed. Why? While I know as a matter of fact that in every case, the Judge makes an additional enemy, if I use the word unguardedly, I must say that the Judge does not regard the person as his enemy. The Judge who has given judgment in the light of the law, should not be castigated in the way it is done in this country. That is a primitive conduct and I condemn it. It is a conduct that does not help the promotion of the administration of justice. It is rather a conduct that is likely to affect adversely the administration of justice in this country. I feel very strongly that Nigerian Judges should be allowed to perform their judicial functions to the best of their ability. I should also say that no amount of bad name-calling will deter Nigerian Judges from performing their constitutional functions of deciding cases between two or more competing parties. Somebody must be trusted in doing the correct thing. Why not the Nigerian Judge?"[/b]

This quote above aptly describe the Nigerian people, when we are at advantage we praise the system but when we are not we shut down the system.

You think the Judges are scared of Peter Obi's mob?

If anything, they will ensure to save Nigeria from the anarchy of the mob who want democracy in Nigeria, but support the military junta that sacked a democratic government in Niger.