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Court Rules: Atiku Free To Contest - Politics - Nairaland

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Court Rules: Atiku Free To Contest by babasin(m): 9:32pm On Apr 03, 2007
Nigeria's electoral body has been told to allow Vice-President Atiku Abubakar to run for president in April's poll.

http://news.bbc.co.uk/2/hi/africa/6521615.stm

Two Judgements but very distinct and clear:

1. Court of Apeal: INEC can disqualify candidate. But it did not say, that Atiku is disqualified.

2. Federal High Court: INEC must allow Atiku to contest. That was specific to the Subject, Atiku.

This verdict is very clear: Though INEC may disqualify candidates(1), but it has no valid reason(s) to disqualify Atiku(2).
Re: Court Rules: Atiku Free To Contest by alabiyemmy(m): 9:36pm On Apr 03, 2007
says who? Very funny - someone is disqualified - yet you say he can contest elections? your own law is one on its own - so why did he head up to the Supreme Court?

But wait o - how many court judgements today?
Re: Court Rules: Atiku Free To Contest by toshmann(m): 9:42pm On Apr 03, 2007
these people have finally started to undermine the integrity of our judiciary. now courts are giving different judgements. sad
Re: Court Rules: Atiku Free To Contest by babasin(m): 9:56pm On Apr 03, 2007
Two Court Judgements.

You guys should read both judgement carefully. It is very clear:

1. Court of Apeal: INEC can disqualify candidate. But it did not say, that Atiku is disqualified.

2. Federal High Court: INEC must allow Atiku to contest. That was specific to the Subject, Atiku.
Re: Court Rules: Atiku Free To Contest by bobezey(m): 1:25am On Apr 04, 2007
The courts have spoken. Its been so terribly turbulent for the past
several weeks and months leading to this election. We must put
all these problems aside for the sake of the nation, vote coming
April 21, and choose the best candidates to lead our beloved nation.

We have to realize that this electoral process, our democracy and the fate of our nation is bigger than all of us. We have to make this work folks.
Re: Court Rules: Atiku Free To Contest by babasin(m): 7:35am On Apr 04, 2007
We have to realize that this electoral process, our democracy and the fate of our nation is bigger than all of us.

Agreed, but our system have no corrective mechanism. So we better get it right now otherwise it will be forever wrong!
Re: Court Rules: Atiku Free To Contest by jockey112(m): 8:07am On Apr 04, 2007
@babasin

common sense please , the appeal court doesnt have to be specific,incase yu dont understand its not about atiku its about empowerment to institutions like inec,efcc and co that they have the right to stop the aspirations of corrupt and shameless people to rule nigeria.if atiku has got any moral he would have resign long time , MR VP learn from your neighbour in south africa,

to every loving nigerian home and abroad its time to vote and move the nation forward forget about the distractions.
Re: Court Rules: Atiku Free To Contest by babasin(m): 9:50am On Apr 04, 2007
You guys should read full judgement below:

Justice Abubakar, who had earlier dismissed the objection raised by government to the suit, also held that the electoral body was bereft of the constitutional power to stop the Vice President from contesting at the polls.

His judgment read in parts: "The report of the Administrative Panel of Inquiry, which the Defendant (INEC) relied on to exclude the Plaintiff, has been set aside by Akande J. of a Lagos High Court. The defendant cannot use the effect of the same report to deny the Plaintiff the right to contest.

So on what ground is INEC disqualifying ATIKU?

Summary:
All what Apeal court said is that INEC can disqualify candidates while Federal High Court simply said yes provided INEC have a legal basis. INEC cannot just disqualify anyone because they dont like his/her face!
Re: Court Rules: Atiku Free To Contest by Gold(m): 11:13am On Apr 04, 2007
Please, I think I need a good understanding of the degree of authority

Among these two which is higher?

FEDERAL HIGH COURT VERDICT or  COURT OF APPEAL

let us be real
jockey112:



its not about atiku its about empowerment to institutions like inec,efcc and co that they have the right to stop the aspirations of corrupt and shameless people to rule nigeria.if atiku has got any moral he would have resign long time , MR VP learn from your neighbour in south africa,

to every loving nigerian home and abroad its time to vote and move the nation forward forget about the distractions.

let stand up for He[color=#990000][/color] best
Re: Court Rules: Atiku Free To Contest by babasin(m): 11:49am On Apr 04, 2007
@GOLD,
Among these two which is higher?

FEDERAL HIGH COURT VERDICT or COURT OF APPEAL

It is not about which court is higher or lower. It is about the case brought to it. Below is statement from the judge in Federal High Court:

In a terse judgment delivered yesterday afternoon in Abuja, Justice Tijani Abubakar first dismissed the preliminary objection brought by the defendant and said that the plea of res judicata could not stand because the case before him was different from the one at the court of appeal and which was also decided yesterday. Justice Abubakar said the plaintiff had filed a suit against his indictment in which he asked the court to declare that the INEC cannot use the report of the panel over the Petroleum Trust Development Fund (PTDF) as the basis for his exclusion from the race.

This is very clear. Atiku is free to contest. Unless INEC come out with another reason but surely not the indictment by Adminstrative Panel.
Re: Court Rules: Atiku Free To Contest by olawa20(m): 12:53pm On Apr 04, 2007
I hope you are not forgetting that there is another AYUA administrative panel that also indicted him.
The National Assembly ad-hoc committee on PTDF also indicted him. INEC can base their disqualification on any of these.
Re: Court Rules: Atiku Free To Contest by babasin(m): 2:24pm On Apr 04, 2007
@Olawa20
INEC can base their disqualification on any of these.

Surely no problem. But in their letter of disqualification those where not mentioned. It was only FG administrative panel. so those two you mentioned are not valid.

Get me, I don't care about Atiku/OBJ; those two will fade-away, but I care about rule of law and consistency.
It is these two qualities that truly make a nation strong and united.
Re: Court Rules: Atiku Free To Contest by BlackMamba(m): 2:35pm On Apr 04, 2007
Basically, the Federal High Court is saying that Atiku's indictment for alleged crimes is not enough reason for INEC to disqualify him . The Federal High Court did not rule on INEC's powers to disqualify a candidate. INEC cannot disqualify candidates arbitrarily. But on appeal, the Court of Appeals and possibly the Supreme Court may overturn the Federal High Court ruling, and declare that INEC acted within its powers in disqualifying Atiku. Remain tuned to this modern and civilized way of resolving political issues. Hopefully, our judiciary will be fair and firm. We're at a crossroad in our quest for democracy.
Re: Court Rules: Atiku Free To Contest by babasin(m): 3:34pm On Apr 04, 2007
Re: Court Rules: Atiku Free To Contest by DRANOEL(m): 8:39pm On Apr 04, 2007
a court order has been given, inec has no choice
Re: Court Rules: Atiku Free To Contest by babasin(m): 10:20am On Apr 05, 2007
President of the Nigerian Bar Association (NBA), Mr Olisa Agbakoba, SAN, has said Vice President Atiku Abubakar, presidential candidate of Action Congress (AC), was not disqualified from contesting the April 21 presidential election, and anybody who thinks otherwise based on the judgment of the Court of Appeal, Abuja last Tuesday, is interpreting the judgment wrongly.
Agbakoba said this in a chat with newsmen yesterday, adding that by the judgment of Justice Tijani Abubakar of a Federal High Court, Abuja, Atiku is still in the presidential race.
He said the judgment of the Court of Appeal, which held that the Independent National Electoral Commission (INEC), can screen and disqualify a candidate presented to it by a political party did not disqualify Atiku, but merely resolved the issue that INEC has the power to screen and disqualify a candidate.
Agbakoba stated that the two judgments were not contradictory, but complementary, noting that while the Court of Appeal dealt on the issue of INEC’s power to disqualify, the Federal High Court reviewed the process of disqualification, which INEC exercised. According to him, we have accepted that Court of Appeal judgment that INEC can disqualify. The Court of Appeal addressed the issue that INEC looking at papers presented by a candidate, can disqualify a candidate, and not that Atiku had been disqualified as reported by most newspapers.
Re: Court Rules: Atiku Free To Contest by dblock(m): 10:39am On Apr 05, 2007
It's a sad day for Nigeria cry cry cry cry cry

Why was Atiku let out the middle hole, Why!!!!!!!!!!!!!!!! cry cry cry cry cry cry cry cry cry cry
Re: Court Rules: Atiku Free To Contest by babasin(m): 11:02am On Apr 05, 2007
@dblock
Why was Atiku let out the middle hole, Why!!!!!!!!!!!!!!!!

OBJ should have used a water-tight corruption charges and follow rule of Law.

But OBJ knows he cant use those water-tight corruption charges hence this cheap accussations/indictments.

Anyway, ATIKU contesting does not guarantee, he will win.

It will be more Politically damaging for him to suffer defeat in the Polls; thats what PDP/OBJ should have made their goal.
Re: Court Rules: Atiku Free To Contest by Larufa(m): 11:31am On Apr 05, 2007
Thanks for the posting.

In Democracy, the rule of law is Supreme.
The wishes of one (OBJ) or his group (PDP and INEC) can never be above the laws of the land.
Re: Court Rules: Atiku Free To Contest by toshmann(m): 11:34am On Apr 05, 2007
I want Atiku to contest (if he wins the court cases)
I want the judiciary to remain independent and fair
I want INEC to obey all court orders
I want free and fair elections
I want Atiku to be heavily defeated at the polls

are these possible?
then nobody will pretend to be a victim. my concern is law and order and not OBJ/ATIKU. let them go.
Re: Court Rules: Atiku Free To Contest by Larufa(m): 3:23pm On Apr 05, 2007
@toshmann,
Good Talk.

Let the rule of Law prevail.
Re: Court Rules: Atiku Free To Contest by Danmasani(m): 3:43pm On Apr 05, 2007
toshmann:

I want Atiku to contest (if he wins the court cases)
I want the judiciary to remain independent and fair
I want INEC to obey all court orders
I want free and fair elections
I want Atiku to be heavily defeated at the polls

are these possible?
then nobody will pretend to be a victim. my concern is law and order and not OBJ/ATIKU. let them go.

Exactly. This is exactly what some of us have been saying on this forum. Obasanjo' persecution of Atiku is simply stupid. Even in the North of today, Atiku doesn't have the clouds to win nor the goons to sell him. Buhari and Yaradua will always beat him hands down no matter how many times the elections are done. So OBJ doing all his best to stop the man was simply foolish and is heating the polity.
It is simple. INEC should obey the court judgment, put the guys name on the ballot, conduct a free elections and let's see who wins. Simple!
Re: Court Rules: Atiku Free To Contest by Tobiegal(f): 4:26pm On Apr 05, 2007
Let d rule of law prevail,

bt i fear it wont,

already, inec has succeeded in destabilizing d elections. if atiku is cleared to contest(which indeed he has) inec wld certainly come up with anoda excuse dat dey didnt print ballot papers with his name on it, bla bla bla

den anoda trouble ensues,

infact ehn,

God dey!
Re: Court Rules: Atiku Free To Contest by dblock(m): 9:10am On Apr 06, 2007
Atiku stands for Nothing.

Nigeria doesn't need him nor want him

Heaven doesn't need him nor want him

Hell doesn't need him nor want him

Everyone was born for a reason, but Atiku was born for no reason
Re: Court Rules: Atiku Free To Contest by alabiyemmy(m): 9:12am On Apr 06, 2007
what does he have to offer that he couldnt offer in 8 years? more houses in Maryland, USA?
Re: Court Rules: Atiku Free To Contest by dblock(m): 9:19am On Apr 06, 2007
Why should Nigerians vote for Atiku. How intelligent is he, what does he know about Economics, sustainabilty, Resource Allocation etc. What proper experience does he have except for insulting Presidents and looting funds!!!

Baba Suwe or Nkem Owoh, are more fit to be president than Atiku
Re: Court Rules: Atiku Free To Contest by babasin(m): 10:03am On Apr 06, 2007
@dblock, alabiyemmy,

Those are your opinions. In democrazy every one has there for votes. So let those every one vote for who they like.

By the way, INEC has now appeal against the Federal High Court judgement because they know that Apeal Court Judgement was very different; as of now Atiku free to contest just like any other Nigerian.

Rule of Law must prevail at all times.

http://www.guardiannewsngr.com/news/article02


THE Independent National Electoral Commission (INEC) yesterday prayed the Court of Appeal, Abuja Division, to upturn the judgment of a Federal High Court in Abuja, directing it to include the name of Vice President Atiku Abubakar on the list of presidential candidates for the April 21 polls.
Re: Court Rules: Atiku Free To Contest by JayBaby1(f): 10:03am On Apr 06, 2007
yeye -
Re: Court Rules: Atiku Free To Contest by dblock(m): 10:38am On Apr 06, 2007
That's the sad thing about democracy, you can vote for who you want even if it means the death of Nigeria
Re: Court Rules: Atiku Free To Contest by babasin(m): 1:26pm On Apr 06, 2007
@dblock
That's the sad thing about democracy, you can vote for who you want even if it means the death of Nigeria

Rather its the beauty of democrazy!!

Howard romance with Bush has brought death to not less than 300 Aussie(Bali Bombing). But Aussies voted for him again.
Re: Court Rules: Atiku Free To Contest by dblock(m): 1:28pm On Apr 06, 2007
John Howrd is an idiot, Lol but Atiku makes him look smart
Re: Court Rules: Atiku Free To Contest by toshmann(m): 9:24pm On Apr 06, 2007
Atiku is a crook, but OBJ's "persecution" makes him look like a victimised "saint"

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