[size=14pt]Oyo gov election: PDP heads for tribunal •Accuses Ajimobi of having dual citizenship[/size]

Thursday, 19 May 2011

[size=13pt][b]THE Peoples Democratic Party (PDP) has challenged the victory of the Oyo State governor-elect, Senator Abiola Ajimobi,
of the Action Congress of Nigeria (ACN), on the grounds that the governor-elect holds dual citizenship.

In a petition filed at the Oyo State governorship election tribunal in Ibadan, on Tuesday, by its team of lawyers, the PDP averred that Senator Ajimobi was at the time he contested the governorship election, not qualified to contest the said election having voluntarily acquired the citizenship of the United States of America, in contravention of Section 182 (1)(a) of the constitution of the Federal Republic of Nigeria, 1999.

The section of the constitution says: “No person shall be qualified for election to the office of governor of a state if; subject to the provision of 28 of this constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country.”[/b][/size]

Apart from Ajimobi, other parties listed as respondents in the petition are the Action Congress of Nigeria (ACN) and the Independent National Electoral Commission (INEC).

Buttressing its allegation of non-qualification of Senator Ajimobi, the petitioner (PDP) stated that the governor-elect, although a citizen of Nigeria by birth, had voluntarily acquired the citizenship of the United States of America in April, 1999.

[size=14pt][b]The PDP further averred that Senator Ajimobi was not eligible and qualified to contest for the office of the governor of Oyo State having voluntarily acquired the citizenship of the United States of America, thereby having or maintaining dual citizenship status at the time he contested the election.

The petitioner said it would rely on the following documents during the hearing of the petition:

Documents from the American embassy in Nigeria as to the citizenship status of Senator Ajimobi

Documents from the United States of America as to the citizenship status of the governor-elect.

International passport of the governor-elect.

Certificate of the citizenship of the governor-elect.

According to the petitioner, “Senator Ajimobi, United States of America’s citizenship social security number is #:127-57-8533 and stated his date of birth as December 16, 1949 and residence as 745 Red Oak Lane, University Park IL60466-2964.”

The petitioner (PDP) prayed the tribunal that it should determine that Senator Ajimobi was not qualified to contest the governorship election in Oyo State having voluntarily acquired the citizenship of the United States of America.[/b][/size]

The petitioner also urged the tribunal to determine that its standard-bearer, Chief Adebayo Alao-Akala, scored the majority of the lawful vote cast in the April 26, 2011 governorship election in Oyo State having scored 387,132 votes and ought to be returned as duly elected.

In the alternative, the petitioner is praying for an order nullifying the governorship election conducted by the INEC on April 26, 2011 and order a fresh election for the office of the governor of Oyo State.

The petitioner’s team of lawyers who filed the petition is made up of Mr N.O.O. Oke (SAN), Mr Titus Ashaolu (SAN), Mr R. Lawal-Rabana (SAN), Professor Justus Shofekun, Mr Kunle Lalude and Mr Waheed Olajide.

http://tribune.com.ng/index.php/front-page-news/22193-oyo-gov-election-pdp-heads-for-tribunal-accuses-ajimobi-of-having-dual-citizenship

So?? The worst we have a new Election!!! Akala my foot

paddy_lo:

The section of the constitution says: “No person shall be qualified for election to the office of governor of a state if; subject to the provision of 28 of this constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country.”

A bit ambigious, no? So does this mean that even if he renounces his American citizenship, he is ineligible?

EDIT: So none of the previous naija governors have ever been dual citizens? They all just stopped at permanent residency?

Although this depends on the opinion of the courts but it does appear that a new election is in the offing in Oyo state.

Unfortunately majority of our politicians, governors etc have dual nationality, either British or American.

Most should remember Yar a'dua's daughters during their father sickness were all going to the USA to have babies so that they can get BLUE passports for them.

Nigerian leaders are the least patriotic to the point of utter failure to show leadership. If they don't beleive in the country, how can they persuade the young ones to believe in the same.

There might be a lot of rerun election based on if this petition succeed, but hopefully another ACN candidate will still win.

paddy_lo:

What is ambiguous about this?. .

The law states clearly. . do not have dual citizenship when u put yourself up for elective office in Nigeria. . Period

[b]This Ajimobi guy had dual citizenship at the time the election happened. .

In in effect it is null and void as he is in violation of the law. . .[/b]

No sir that is not the way it should be, the constitution of the federal republic of nigeria is very clear about this case. The issue being raised by oyo state PDP only affects those with dual citizenship if their nigerian citizenship is other than through birth. The case will be thrown out of court because section 28 sub-section two of the constitution makes it very clear.

There is no case here so akala and co should go home and rest but i doubt the greedy lawyers will tell them the truth anyway.

Hmmm

how did INEC miss this during screening.

is he the only one or pdp in oyo are just shaking the bee nest.

Section 28 (1) of the Constitution reads:

28. (1) Subject to the other provisions of this section, a person shall forfeit forthwith his Nigerian citizenship if, not being a citizen of Nigeria by birth, he acquires or retains the citizenship or nationality of a country, other than Nigeria, of which he is not a citizen by birth.

Section 182 (1) reads:

182. (1) No person shall be qualified for election to the office of Governor
of a State if -
(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country


It is clear from the above that Section 28 (1) does not apply to the Governor-elect.

This might turn out to be a big issue going by the state of Judiciary in Nigeria by the time money starts flying around.

Noting that Akala is a big spender, he's ready to do anything to retain the position

Alhaji Ade0001, a constitutional interpretation which seems clear to you, may be given a very different interpretation by many judges and even the supreme court. There is a chance that Akala may win this case.

You site the provision in section 28 in reaching the conclusion that Ajimobi was a qualified candidate. Please take a closer look at section 182:

182. (1) No person shall be qualified for election to the office of Governor
of a State if -
(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country

Ajimobi cannot be disqualified based on the text in blue above which you sited in your statement.  You however you failed to read the remaining of the provision thus ignoring the very provision which may very well get Ajimobi disqualified.  The text in Red, applies to Ajimobi, in that he has made a declaration of allegiance to a country other than Nigeria.

I'm afraid the case is not as clear cut as you are implying here. Akala may open up a can of worms. Why can't he just go and retire in peace. Olodo, barawo.

Its too late to cry when the head is off. Akala do the following:

1. prepare your hand over note
2. pack all your bags and baggages
3. leave the state house
4. settle your scores with efcc and all the toes you stepped on.

case closed.

Akala was dismissed from the Nigeria Police which disqualified him from holding any political office. Some people made a case on this but the whole was swept under the carpet. Dual citizenship or no dual citizenship to me is bullshit and its a no case.

Nairalanders, take it or leave it, this case will die the natural death.

Where does it say akala is the one behind the case.
I read pdp or did i miss something.

Wait while i insert my contacts and drink some coffee.

^^^
PDP leader in oyo state is?

Anyway, we'll just have to let the courts decide this one.

lets wait and see

this is just stupid and the act of a drowning man clutching at straws,

david mark carries an irish passport
dimeji bankole british passport
james ibori british passport
ayo fayose british passport

and a host of others

GODSON2009:

this is just silly and the act of a drowning man clutching at straws,

david mark carries an irish passport
dimeji bankole british passport
james ibori british passport
ayo fayose british passport

and a host of others

@GODSON2009, If PDP wins this case, a host of illegal office holders including some of the ones you mentioned will be on their way out. I don't see how any sane judge can rule against the PDP here. Here are the applicable constitutional provisions - note that the bolded text appear in each provision listed. e be like say yawa don gas.


66. (1) No person shall be qualified for election to the Senate or the House of Representatives if:
(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such a country;

107. (1) No person shall be qualified for election to a House of Assembly if -
(a) subject to the provisions of Section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such a country;

137. (1) A person shall not be qualified for election to the office of President if -
(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country;

182. (1) No person shall be qualified for election to the office of Governor of a State if -
(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country;

A very silly case.Section 28(1) of the constitution makes it clear that a nigerian citizen by birth cannot lose it even if he/she takes up another country's nationality.Only citizens by naturalization or registration loses their nigerian citizenship if they take on another country's citizenship other than their country of birth.
Section 29 even makes it difficult to voluntarily relinquish a natural-born citizenship.I'll advise PDP's lawyers & the numerous ignorant posters here to grab a copy of the constitution & read it,unless they are being mischievious.
The Supreme court even settled this in the case of AC vs Maurice Iwu in 2009.

PS:All sections dealing with qualification for executive offices are subject to the provisions of section 28 which is already settled.As i said,a very silly case.

that

pokur:

A very silly case.Section 28(1) of the constitution makes it clear that a nigerian citizen by birth cannot lose it even if he/she takes up another country's nationality.Only citizens by naturalization or registration loses their nigerian citizenship if they take on another country's citizenship other than their country of birth.
Section 29 even makes it difficult to voluntarily relinquish a natural-born citizenship.I'll advise PDP's lawyers & the numerous ignorant posters here to grab a copy of the constitution & read it,unless they are being mischievious.
The Supreme court even settled this in the case of AC vs Maurice Iwu in 2009.

pokur:

PS:All sections dealing with qualification for executive offices are subject to the provisions of section 28 which is already settled.As i said,a very silly case.

I am tired of trying to correct this people for a simple case that is very clear and straightforward.

No one with chinese and south african passport yet?

Why we no kuku call oyibo ie the real deal to rule us.

Back in 2007 , 2 gentlemen were disqualified by Iwu to contest for an election on this basis and they went to court and one the case. One of the guys was from Canada and the judge ruled clearly that the rule is subject to Section 28 and applies only to anyone who is not Nigerian by birth of whose parents are not Nigerians.

Ajimobi will win this case as there is precedence for it. Many politicans have dual citizenship and this is a non issue and a wild goose chase by Akala , except he has bribed the judges already.

Lagosboy:

Back in 2007 , 2 gentlemen were disqualified by Iwu to contest for an election on this basis and they went to court and one the case. One of the guys was from Canada and the judge ruled clearly that the rule is subject to Section 28 and applies only to anyone who is not Nigerian by birth of whose parents are not Nigerians.

Ajimobi will win this case as there is precedence for it. Many politicans have dual citizenship and this is a non issue and a wild goose chase by Akala , except he has bribed the judges already.

Pharoh:

I am tired of trying to correct this people for a simple case that is very clear and straightforward.

What you guys have written here makes sense and is cheering. Anyway, I do not expect any judge to deliver a ridiculous judgement on a case that is precedented.

interesting development, let's see out it plays out.

You people are siting cases whose transcripts you are obviously unfamiliar with. It suffices to say that the supreme court is the final authority on constitutional issues and that court is yet to rule on the issue at hand.

That a lower court ruled as you claim does not make the issue constitutional, the plaintiffs in those cases did not appeal to the supreme court.  I suspect that many of you will be shocked when the supreme court rules on this matter. I am sure that PDP will take the case to that level.

Many office holders are very worried as we speak. Akala should watch his back.

Thanks for the clarification, Lagosboy and Pharoh.

^^ Sorry you cant be governor of Ekiti