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Judicial Terms In Court Proceedings - Politics - Nairaland

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Judicial Terms In Court Proceedings by helinues: 8:09am On Mar 08, 2023
Judges - The panel committee of the judges to determine the case which shouldn't be more than 7 people or so. Chief Justice of Nigeria is the head of the panel. Their decisions/judgements are final. Only supreme court can correct itself.

Petitioners - Those are the people seeking judgement about an issue or seeking clarification about already made judgement . Pdp, LP are the petitioners in this case.

Respondents - Those are the people have been sued and in court to defend themselves. Apc and Tinubu are the respondents in this case.

Affidavits - Documents that contain all your evidence about your allegations against someone or to defend yourself. Affidavits is very crucial in court proceedings because you must swear an oath on each affidavits which means if you lied under oath you could be charged or sentenced. Any discussion outside your affidavits won't be entertained by court.

The registrar- If you file a petition, the process can only go through the court registrar. They are also crucial because they are in position to accept or deny your affidavits, some might be admitted but not forwarded to the judge in the case to look over it.

Amicus curiae - ( friend of court)- They are normally a neutral body interested in the election disputes. NBA, office of the AGF and some NGos would be allowed to be part of the court proceedings.

It is important to note that both INEC and Supreme court are Independent body, SC can only make recommendations about what Inec could/should have done better or any suggestions on how to improve the body. Whatever malpractices that took place in the election, SC is not in position to punish the culprits but the petioners can seek redress/clarification on the issue after final judgement made by SC.

Add yours

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Re: Judicial Terms In Court Proceedings by Pierocash(m): 8:44am On Mar 08, 2023
Supreme Court have the power to upturn results falsely declared when there are sufficient evidences that warrants such.

Supreme Court doesn't make recommendations, they tell you the guidelines you must follow or ought to have followed as stipulated by the electoral act

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Re: Judicial Terms In Court Proceedings by helinues: 9:10am On Mar 08, 2023
Pierocash:
Supreme Court have the power to upturn results falsely declared when there are sufficient evidences that warrants such.

Supreme Court doesn't make recommendations, they tell you the guidelines you must follow or ought to have followed as stipulated by the electoral act

@ emboldened is wrong, SC recommendations and suggestions always come in the final judgement report which can be a months after the judgement .

Btw, what's the difference between recommendations and guidelines in court case?

1 Like

Re: Judicial Terms In Court Proceedings by Pierocash(m): 9:16am On Mar 08, 2023
helinues:


@ emboldened is wrong, SC recommendations and suggestions always come in the final judgement report which can be a months after the judgement .

Btw, what's the difference between recommendations and guidelines in court case?
Recommendations are suggestions for improving quality of operations. Guidelines are defined to be recommendations when all of the following conditions are met:

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Re: Judicial Terms In Court Proceedings by Jokay07(m): 9:17am On Mar 08, 2023
Pierocash:
Supreme Court have the power to upturn results falsely declared when there are sufficient evidences that warrants such.

Supreme Court doesn't make recommendations, they tell you the guidelines you must follow or ought to have followed as stipulated by the electoral act
Inec guidelines is not recognized by the law.

1 Like

Re: Judicial Terms In Court Proceedings by helinues: 9:20am On Mar 08, 2023
Pierocash:
Recommendations are suggestions for improving quality of operations. Guidelines are defined to be recommendations when all of the following conditions are met:

Inec is an independent body just as SC. SC can't tell INEC what to do, they can only recommend or suggest solutions to improve the agent.

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Re: Judicial Terms In Court Proceedings by Novarisammy2: 9:27am On Mar 08, 2023
helinues:


Inec is an independent body just as SC. SC can't tell INEC what to do, they can only recommend or suggest solutions to improve the agent.

but the same supreme court can tell CBN what to do abi


dey play rough play

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Re: Judicial Terms In Court Proceedings by Novarisammy2: 9:28am On Mar 08, 2023
Jokay07:
Inec guidelines is not recognized by the law.
which guideline are u talking about?
is the electoral law not binding on inec?

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Re: Judicial Terms In Court Proceedings by helinues: 9:32am On Mar 08, 2023
Novarisammy2:


but the same supreme court can tell CBN what to do abi


dey play rough play

CBN don't have independent status like INec or SC

2 Likes

Re: Judicial Terms In Court Proceedings by Ofunaofu: 9:36am On Mar 08, 2023
Novarisammy2:


but the same supreme court can tell CBN what to do abi


dey play rough play

Don't mind those urchins

They keep changing the goal post to suit their flawed narratives

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Re: Judicial Terms In Court Proceedings by Novarisammy2: 9:37am On Mar 08, 2023
helinues:

CBN don't have independent status like INec or SC
The CBN Act, 2007 The current legal framework within which the CBN operates is the CBN Act of 2007 which repealed the CBN Act of 1991 and all its amendments. The Act provides that the CBN shall be a fully autonomous body in the discharge of its functions under the Act and the Banks and Other Financial Institutions Act with the objective of promoting stability and continuity in economic management. In line with this, the Act widened the objects of the CBN to include ensuring monetary and price stability as well as rendering economic advice to the Federal Government.
read and learn

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Re: Judicial Terms In Court Proceedings by Novarisammy2: 9:46am On Mar 08, 2023
What does it mean for the CBN to be
independent?
Section 1(3) of the CBN Act guarantees the independence of the CBN. It provides thus, “in order to facilitate the achievement of its mandate under this
Act and the Banks and Other Financial institutions Act, and in line with the objective of promoting stability and
continuity in economic management, the Bank shall be an independent body in the discharge of its functions”. This means that the CBN is a fully autonomous body and its decisions and actions cannot be questioned by any organ of government.
However, there are three issues for which the CBN, in the discharge of its functions, is required to seek external authorization, and only from the President of Nigeria: any alterations to the legal tender (the Naira); any investment of the Bank’s funds outside Nigeria; and the Bank’s annual report.
However, this is as far as it goes. The president can neither direct the Bank on what policies to take nor issue directives on how the policies of the CBN should be implemented.
Section 8(4) of the CBN ActThe CBN is
expected to present an annual report of
its activities to both the president of
Nigeria and the National Assembly.
Also, Section 50 of the CBN Act states
that “the Bank shall, within two months
after the close of each financial year,
transmit to the National Assembly and
the President a copy of its annual
accounts certified by the auditor”.
Outside of these, the only approving
authorities for CBN operations are its
Committee of Governors consisting of
the CBN governor and the four deputy
governors and the CBN board of
directors which includes the governor,
the four deputy governors, and seven
external members including the
permanent secretary of the Federal
Ministry of Finance and the accountant-
general of the federation.

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Re: Judicial Terms In Court Proceedings by helinues: 9:57am On Mar 08, 2023
Novarisammy2:


The CBN Act, 2007
The current legal framework within which the CBN
operates is the CBN Act of 2007 which repealed the
CBN Act of 1991 and all its amendments. The Act
provides that the CBN shall be a fully autonomous
body in the discharge of its functions under the Act
and the Banks and Other Financial Institutions Act
with the objective of promoting stability and
continuity in economic management. In line with
this, the Act widened the objects of the CBN to
include ensuring monetary and price stability as
well as rendering economic advice to the Federal
Government.

read and learn

But can be directed or guided by the SC.

They still don't have the status of INEC

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Re: Judicial Terms In Court Proceedings by Novarisammy2: 10:01am On Mar 08, 2023
helinues:

But can be directed or guided by the SC.
They still don't have the status of INEC

Nigeria: Supreme Court - INEC Has No Power to Disqualify Any Candidate By Funso Muraina and Funmi Peter-Omale Abuja — In a landmark judgement, the Supreme Court yesterday ruled that the Independent National Electoral Commission (INEC) has no power to disqualify any candidate submitted to it by a political party, thereby setting aside an earlier judgment of the Court of Appeal on the matter. According to the Supreme Court, "INEC has no Constitutional power to disqualify a candidate from contesting elections without a valid order of a court."

read and this time around try and learn

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Re: Judicial Terms In Court Proceedings by Pierocash(m): 10:12am On Mar 08, 2023
helinues:


Inec is an independent body just as SC. SC can't tell INEC what to do, they can only recommend or suggest solutions to improve the agent.
Supreme Court is not telling inec what to do. They are simply spelling out the guidelines as stipulated by law. Elections are conducted according to electoral act ,and not according to inec discretion. There is a way to conduct election as spelt out by law. What supreme Court does is to interpret it to inec if the guidelines are violated

2 Likes

Re: Judicial Terms In Court Proceedings by Kyase(m): 10:20am On Mar 08, 2023
Fergie001
What do you say?
Re: Judicial Terms In Court Proceedings by Ekejoestar(m): 10:33am On Mar 08, 2023
Novarisammy2:



Nigeria: Supreme Court - INEC Has No
Power to Disqualify Any Candidate
By Funso Muraina and Funmi Peter-Omale
Abuja — In a landmark judgement, the Supreme
Court yesterday ruled that the Independent
National Electoral Commission (INEC) has no
power to disqualify any candidate submitted to it
by a political party, thereby setting aside an
earlier judgment of the Court of Appeal on the
matter.
According to the Supreme Court, "INEC has no
Constitutional power to disqualify a candidate
from contesting elections without a valid order of
a court."


read and this time around try and learn

Helinuesb just like other APC supporters has already made up his mind on what to believe irrespective of the facts placed b4 dem

1 Like

Re: Judicial Terms In Court Proceedings by Jokay07(m): 10:56am On Mar 08, 2023
Novarisammy2:


which guideline are u talking about?

is the electoral law not binding on inec?
Electoral act is binding on inec but inec guidelines is not a weighty on the scale of the electoral act

There are three pillars holding inec as a body and the conduct of the election.
1. The Constitution
2. The electoral act
3. The Inec guide lines

The only two pillars which can be considered in a competent court of law are the constitution and the electoral act.

The third one which is the Inec guidelines are subject to inec decision and subject. Inec can choose to streamline or change or alternate their guidelines as long as it's consistent with the electoral act.

The electoral act didn't factually state that results must be transmitted electronically or manually. Now the burden of whether election results would be collated and transmitted electronically or manually rests on inec guidelines.

If the constitution or the electoral act says inec must conduct election every four years, inec can make a guideline from the constitutio/electoral act as to what month, date or week the election must take place.

1 Like

Re: Judicial Terms In Court Proceedings by Novarisammy2: 11:17am On Mar 08, 2023
Jokay07:

Electoral act is binding on inec but inec guidelines is not a weighty on the scale of the electoral act

There are three pillars holding inec as a body and the conduct of the election.
1. The Constitution
2. The electoral act
3. The Inec guide lines

The only two pillars which can be considered in a competent court of law are the constitution and the electoral act.

The third one which is the Inec guidelines are subject to inec decision and subject. Inec can choose to streamline or change or alternate their guidelines as long as it's consistent with the electoral act.

The electoral act didn't factually state that results must be transmitted electronically or manually. Now the burden of whether election results would be collated and transmitted electronically or manually rests on inec guidelines.

If the constitution or the electoral act says inec must conduct election every four years, inec can make a guideline from the constitutio/electoral act as to what month, date or week the election must take place.


is bvas and irev part of inec guidelines?

1 Like

Re: Judicial Terms In Court Proceedings by Jokay07(m): 11:21am On Mar 08, 2023
Novarisammy2:



is bvas and irev part of inec guidelines?
Are you asking if the ballot box and ballot sheet are part of inec guidelines too?
Re: Judicial Terms In Court Proceedings by AdaojoTheUrchin: 11:23am On Mar 08, 2023
Pierocash:
Supreme Court have the power to upturn results falsely declared when there are sufficient evidences that warrants such.

Supreme Court doesn't make recommendations, they tell you the guidelines you must follow or ought to have followed as stipulated by the electoral act

Helinues the mugu think say Supreme court na advisory body. grin

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Re: Judicial Terms In Court Proceedings by Novarisammy2: 12:06pm On Mar 08, 2023
Jokay07:

Are you asking if the ballot box and ballot sheet are part of inec guidelines too?

I have no business going into this muddy waters with you


just answer the simple question, is the bvas a product of the law or inec guideline?

a simple yes or no will do justice to this question

1 Like

Re: Judicial Terms In Court Proceedings by Jokay07(m): 12:35pm On Mar 08, 2023
Novarisammy2:


I have no business going into this muddy waters with you


just answer the simple question, is the bvas a product of the law or inec guideline?

a simple yes or no will do justice to this question
The question is unnecessary.
Bvas is part of electoral act and also inec guidelines

1 Like

Re: Judicial Terms In Court Proceedings by helinues: 3:34pm On Mar 08, 2023
AdaojoTheUrchin:


Helinues the mugu think say Supreme court na advisory body. grin

Why not KS on the issue you have no clue about

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