wingmanII:


The whole country sees Okorocha as a useless clown, he is going nowhere from here.
Many of these fools cheering him on here will never agree or allow him to be there LGA chairman talk less of governor. They only support him to spite the Igbos.

Only online haters like you hate him.if people like ikpeazu and t.a orji are winning polls,why cant rochas

Johnnyessence:
you never have conscience in your life cos' you are paid for your post here. The whole world knows that the IMO west senatorial district was marred with violence and intimidation by Apc thugs. Infact thank God for press, series of videos and pictures were released in the social media about what happened that day. Keep living in your deluded state of mind. You have no conscience here.

Please,bring out reports of such cases just as i have brought mine.even the imo guber polls was worse than this polls.theres no election in Nigeria that doesn't witness cases of rigging and infractions.you are electorally naive so you wont know.for now,okoro is a senator till another court overrules

frowland:


Most people don't know this and some know but decided to play ignorance. Hate is a terrible thing.

Most people that comments here know little or nothing about politics,its just emotions and morals.he cant even differentiate simple court cases and issues.

garfield1:

Under the electoral law,inec has the discretionary powers to withhold certificates under extreme cases for just a short period and the courts also have the powers to order inec to issue out certs.i opened a thread on this once

Can you furnish us with this section of the law? I want to study it

garfield1:

Please,bring out reports of such cases just as i have brought mine.even the imo guber polls was worse than this polls.theres no election in Nigeria that doesn't witness cases of rigging and infractions.you are electorally naive so you wont know.for now,okoro is a senator till another court overrules

the worst scenario happened in his senatorial district and you are here displaying your ignorance as expected. Why can't okorocha allowed free and fair election in his senatorial district .It was all marred with violence and intimidation by Apc thugs. All the results was announced under the duress. It's on YouTube. Thank God for AIT for covering it all.

mapet:


Can you furnish us with this section of the law? I want to study it

Give me some minutes
Section 68 (a,b & c) of the Electoral Act ( with its amendments) provides that “ the decision of the Returning Officer 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 shall be final subject to review by a tribunal or court in an election petition proceedings under this Act”
Section 75(2) of the Electoral Act, 2010 (with its amendments) states that “where the Commission refuses and, or neglects to issue a certificate of return, a certified true copy of the order of a court of competent jurisdiction shall, ipso facto, be sufficient for the purpose of swearing in a candidate declared as the winner by that court.
A combined reading and construction of the above two cited provisions of the Electoral Act make it luminously clear that any decision of a Returning Officer on the declaration of scores of a candidate and the return of a candidate shall be final, and same shall be subject to review by a tribunal or court in an election petition proceedings. It is our humble submission that if a Returning Officer, upon making a declaration, takes a “decision” to report an alleged coercion and compulsion to make a declaration to INEC, that report, which is an inextricable part of result declaration, can validly lead to a decision not to issue a certificate of return to an alleged winner of the election. It is submitted that the decision not to issue a certificate of return qualifies as one of the “decision of the Returning Officer on any question arising from or relating to …..declaration of scores or return of a candidate…” within the meaning and intendment of Section 68 of the Electoral Act.
Section 75(2) is even more instructive. The subsection recognises that INEC may “refuse” or “neglect” to issue a certificate of return and that in that case, a certified true copy of an order of court shall be sufficient for the purpose of swearing in a candidate that may be declared as the winner by that court.
What this subsection implies is that upon refusal or neglect by INEC to issue a certificate of return, a court action (election petition) may be filed by a person so declared but denied a certificate of return, to seek declaratory reliefs that he is the winner who should be issued the certificate of return.
Until such an order is obtained, INEC, as the election management body, and pursuant to its statutory and administrative powers may, for good cause and compelling reasons, withhold a certificate of return.

frowland:


Nobody can win Okorocha in Orlu Zone. Shambles or no shambles. Performance or not. I am saying my own as it is, I am neither useless PDP or APC but that is the plain truth.
You can choose to play bitterness and sentiments but the truth must be said.

Maybe Only Achike Udenwa(lmao) but for real,there's no politician from Orlu region that can defeat Rochas,sheebi the Jones just dey use agidi.He thought he could ride on iheadioha's acclaimed popularity...Let election be done 1million times, Jones is no match for Okorocha.

Johnnyessence:
the worst scenario happened in his senatorial district and you are here displaying your ignorance as expected. Why can't okorocha allowed free and fair election in his senatorial district .It was all marred with violence and intimidation by Apc thugs. All the results was announced under the duress. It's on YouTube. Thank God for AIT for covering it all.

Guy,understand me.the matter before the court was not about the conduct of elections but whether inec had the power to withhold his certificate and him holding an inec staff hostage.okorocha took the case to court.matters of electoral malpractices are for election tribunal not a normal civil court.can you spot the difference now

Lol....Justice Okon Abang again... smh

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HomorBj:



Maybe Only Achike Udenwa(lmao) but for real,there's no politician from Orlu region that can defeat Rochas,sheebi the Jones just dey use agidi.He thought he could ride on iheadioha's acclaimed popularity...Let election be done 1million times, Jones is no match for Okorocha.

Thank you for that.rochas popularity is across the 12 lgas of orlu zone while that of jones is limited to the four lgas he represented at nass and he lost all four to rochas.igbos online and the educated ones may hate him but rochas is loved by the rural dwellers are orlu

ChristianNorth:
Abang has always been a disgrace to our judiciary.

Really?

garfield1:

Give me some minutes
Section 68 (a,b & c) of the Electoral Act ( with its amendments) provides that “ the decision of the Returning Officer 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 shall be final subject to review by a tribunal or court in an election petition proceedings under this Act”
Section 75(2) of the Electoral Act, 2010 (with its amendments) states that “where the Commission refuses and, or neglects to issue a certificate of return, a certified true copy of the order of a court of competent jurisdiction shall, ipso facto, be sufficient for the purpose of swearing in a candidate declared as the winner by that court.
A combined reading and construction of the above two cited provisions of the Electoral Act make it luminously clear that any decision of a Returning Officer on the declaration of scores of a candidate and the return of a candidate shall be final, and same shall be subject to review by a tribunal or court in an election petition proceedings. It is our humble submission that if a Returning Officer, upon making a declaration, takes a “decision” to report an alleged coercion and compulsion to make a declaration to INEC, that report, which is an inextricable part of result declaration, can validly lead to a decision not to issue a certificate of return to an alleged winner of the election. It is submitted that the decision not to issue a certificate of return qualifies as one of the “decision of the Returning Officer on any question arising from or relating to …..declaration of scores or return of a candidate…” within the meaning and intendment of Section 68 of the Electoral Act.
Section 75(2) is even more instructive. The subsection recognises that INEC may “refuse” or “neglect” to issue a certificate of return and that in that case, a certified true copy of an order of court shall be sufficient for the purpose of swearing in a candidate that may be declared as the winner by that court.
What this subsection implies is that upon refusal or neglect by INEC to issue a certificate of return, a court action (election petition) may be filed by a person so declared but denied a certificate of return, to seek declaratory reliefs that he is the winner who should be issued the certificate of return.
Until such an order is obtained, INEC, as the election management body, and pursuant to its statutory and administrative powers may, for good cause and compelling reasons, withhold a certificate of return.

Bros,

Everything I put in blue are either yours or a lawyer's argument and not the section of the constitution. I am looking for a place in the constitution that establishes the criteria for INEC to declare result and subsequently withhold it. This two section you quoted does not state the criteria

seunmsg:
This is the right thing to do. INEC, PDP and APGA can then go to the tribunal to argue their case. You cannot declare someone a winner and then refuse to release his certificate of returns under any excuse. It is only the court or tribunal that can void the returns made by the returning officer.

As much as I dont like Okorocha, I have to agree with this submission

garfield1:

Guy,understand me.the matter before the court was not about the conduct of elections but whether inec had the power to withhold his certificate and him holding an inec staff hostage.okorocha took the case to court.matters of electoral malpractices are for election tribunal not a normal civil court.can you spot the difference now

inec has said it several times without number that they will never issued out certificate of return to any candidate that's been declared under duress. Several court has been throwing out okorocha case every time. Why is it justice abang that decide on the case. Justice abang should be checked please.

Johnnyessence:
inec has said it several times without number that they will never issued out certificate of return to any candidate that's been declared under duress. Several court has been throwing out okorocha case every time. Why is it justice abang that decide on the case. Justice abang should be checked please.

You are talking nonsense again.why dont you allow those who know more than you on a particular subject lecture you? Several courts didn't3 throw out the case.you have a problem of understanding.it was the same court federal high court abuja rochas originally approached.the first judge withdraw himself after rochas accused him of bias and another judge took over.the pdp also accused him of bias and he recused himself before the case was assigned to abang all in that same court.
Okorocha for now is a full senator.there's nothing you can do than to wail like a child.

mapet:


Bros,

Everything I put in blue are either yours or a lawyer's argument and not the section of the constitution. I am looking for a place in the constitution that establishes the criteria for INEC to declare result and subsequently withhold it. This two section you quoted does not state the criteria

Oga,try and understand issues.the constitution does not provide for everything or it is silent in several matters that is why we have several acts or subsidiary laws drawn from the constitution to take care of such silent areas.
In the case of elections,the constitution didnt cover everything that is why we have an electoral act which covers those shortcomings.since the constitution is silent about inec withholding certs,the electoral act has provided for that hence those sections.you grab? The summary is that the court has settled the matter for now

Osagyefo98:
A Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to issue a certificate of return to former Imo State governor, Rochas Okorocha. Justice Okon Abang on Friday ruled that the having been declared by the Returning Officer as the winner of the February 23 senatorial election for Imo West Senatorial District (Orlu Zone), INEC has no reason not to issue him certificate of return.

Justice Abang overruled the submission by candidates of the PDP, Jones Onyeriri and APGA, Osita Izunaso that the matter ought to be taken to the election petitions tribunal since it has become a post-election matter which robbed the court of jurisdiction under sections 285, 251(1) of the 1999 Constitution. The judge held that petitions to the election tribunal under Section 133 of the Electoral Act should be made by the losers, and not the person declared winner whether under duress or not.

“The reliefs sought by the plaintiff (Okorocha) does not relate to the validity of the election to warrant him filing petitions at the election tribunal,” the judge said. “The tribunal has no jurisdiction to answer questions as to the validity of INEC’s action. Action of INEC not to issue certificate of return is unknown to the Constitution and the Electoral Act.”

Read more: https://www.dailytrust.com.ng/court-orders-inec-to-issue-certificate-of-return-to-okorocha.html

Judge erred in accepting election result purportedly announced under duress. Duress renders the announcement null and void. If I were justice Abang, I would have ordered INEC to announce the correct result, or if that cannot be done due to result was compromised, order rerun.

ChristianNorth:
Abang has always been a disgrace to our judiciary.

This bias half baked charged and bail lawyer again.is it as disgraceful as the abuja high court judge last week who ruled wrongly against apc? Were you not the one that said once a court rules,its the subsisting law until set aside despite agreeing that the ruling was ridiculous? Why so politically hypocritical? What a two faced fellow.you are never consistent,always blowing hot and cold.you are an oluwole lawyer,i pity those that see you as a lawyer.ill continue exposing you

garfield1:

This bias half baked charged and bail lawyer again.is it as disgraceful as the abuja high court judge last week who ruled wrongly against apc? Were you not the one that said once a court rules,its the subsisting law until set aside despite agreeing that the ruling was ridiculous? Why so politically hypocritical? What a two faced fellow.you are never consistent,always blowing hot and cold.you are an oluwole lawyer,i pity those that see you as a lawyer.ill continue exposing you

This Next Level must have been hard on you. Have you eaten?

Anyway, if you have seen a copy of the Nigerian Evidence Act, you won't have disgraced yourself here.

If you don't mind, I can forward a PDF copy to you.

Yankiss:
Judge erred in accepting election result purportedly announced under duress. Duress renders the announcement null and void. If I were justice Abang, I would have ordered INEC to announce the correct result, or if that cannot be done due to result was compromised, order rerun.

Seems you have not been following the case.what was announced was the correct result,rochas had 97000 while jones had 63000.the only difference was that the cancelled votes was almost 50,000 thereby requiring a supplemantary poll which inec wanted to do before the alleged forceful declaration.
The law says once a winner is declared it stands until a court sets it aside.it doesnt matter whether the declaratiin was forced,fake or under duress.
The best thing for the judge to do was to either uphold inec or rule against them and he did so.any other ruling was beyond his jurisdiction but that of a tribunal.inec made the case worse.immediately it announced that it wont issue rochas his cert,it should have decided on the next course of action and carry it out within 30 days but failed to do so.holding the cert indefinitely is unconstitutional and no court will support them since you are infringing on the rights of thousands of people to be fairly represented in the legislature.the law discourages a vacuum and inec created one

ChristianNorth:

This Next Level must have been hard on you. Have you eaten?

Anyway, if you have seen a copy of the Nigerian Evidence Act, you won't have disgraced yourself here.

If you don't mind, I can forward a PDF copy to you.

That is after i forward the full petition of Atiku to you.you are the one disgracing yourself,childishly allowing your hate and childish sentiments to becloud the little legal knowledge you managed to grasp.rochas is a senator for now,i can help you with sniper...

ChristianNorth:

This Next Level must have been hard on you. Have you eaten?

Anyway, if you have seen a copy of the Nigerian Evidence Act, you won't have disgraced yourself here.

If you don't mind, I can forward a PDF copy to you.

That is after i forward the full petition of Atiku to you.you are the one disgracing yourself,childishly allowing your hate and childish sentiments to becloud the little legal knowledge you managed to grasp.rochas is a senator for now,i can help you with sniper.

garfield1:

You are talking nonsense again.why dont you allow those who know more than you on a particular subject lecture you? Several courts didn't3 throw out the case.you have a problem of understanding.it was the same court federal high court abuja rochas originally approached.the first judge withdraw himself after rochas accused him of bias and another judge took over.the pdp also accused him of bias and he recused himself before the case was assigned to abang all in that same court.
Okorocha for now is a full senator.there's nothing you can do than to wail like a child.

stop behaving ignorantly here. You have no iota of truth in your response .thank God for social media. Internet will never forget.

Johnnyessence:
stop behaving ignorantly here. You have no iota of truth in your response .thank God for social media. Internet will never forget.

You are in pains after losing as usual.sorry

Johnnyessence:
zombie you are identified already .

Majority of people you support, always fail.. .why?

ChristianNorth:

You forwarded to who? Do I know? Quit being stupid, boss.

Your day of reckoning is coming when your oluwole certificate will be bursted.by the way,sniper is not available,i have a cheap aba made rope for you,it befits your poverty stricken neck.wail on for now

livelymatilda22:

Majority of people you support, always fail.. .why?

more victory ahead, Zamfara case judgement on my mind.
Court Sacks 5 Bauchi APC Reps, One Senator, Orders Issuance Of Certificate Of Returns To PDP Candidates



An FCT High Court has refused to grant an application for Stay of Execution of its judgement which nullified the election of one Senator and five House of Representatives members elected under the platform of the All Progressives Congress (APC) from Bauchi state...



See Full Details Here

http://www.theeasterntelegraph.com/2019/06/court-sacks-5-bauchi-apc-reps-one.html

garfield1:

You are in pains after losing as usual.sorry

I'm not in pains at all. I'm happy. Another victory coming .The fight is between okorocha and the APC body. Read more on victory news.

Court Sacks 5 Bauchi APC Reps, One Senator, Orders Issuance Of Certificate Of Returns To PDP Candidates



An FCT High Court has refused to grant an application for Stay of Execution of its judgement which nullified the election of one Senator and five House of Representatives members elected under the platform of the All Progressives Congress (APC) from Bauchi state...



See Full Details Here

http://www.theeasterntelegraph.com/2019/06/court-sacks-5-bauchi-apc-reps-one.html