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sonnyadvancelinkstech — Fri, 02 Jul 2010 12:15:10 GMT

excuse created for amaechi

excuse — Wed, 21 Apr 2010 09:20:51 GMT

Welcome

Welcome to the Excuse created by The Supreme Court that made Hon. Amaechi, Governor of Rivers State without an election.
The PPA Ambassadors, Rivers State, are show-casing the case of their candidate Barr. Kelechi Onyekwere for the 2007 Governorship Election in Rivers State, his application to the Supreme Court to set aside its judgment of 25th October,2007 that declared Hon. Amaechi Governor, as the Supreme Court had no jurisdiction to declare same, and the judgment was given per incuriam, thus null and void. The Supreme Court is yet to hear the application properly since 2007. Our candidates Appeal at the Court Of Appeal is still pending and the tenure is for 2007to 2011, we are in 2010. If they had jurisdiction and erred or used the doctrine of necessity, we will not protest this monumental injustice that almost rocked the court system and denied our candidate access to court. We want justice now, as this matter can not be accepted or forgotten today or tomorrow. We should remember God, that is Supreme above all of us, including the Supreme Court. Life is not all about money, others should be allowed their opportunities to contribute to the growth of the society. These contradictions should cease. Dont rob Peter to pay Paul.

We can all recall that in his Excellency, Atiku Abubakars case (A.G. Federation V. Abubakar 2007) 10 NWLR (pt.1041) when Atiku left his party, the PDP to join Action Congress and to run election on its platform, while still maintaining his office as vice president, the supreme court held/maintained that candidates win election on the platform of a party , so it was Atikus fundamental right to join any association, so he could still run the election on the platform of another party. Just for the same 2007 election in Hon. Amaechis case, the Supreme Court created another excuse , that now parties win elaction and no longer candidates. If the Supreme Court wanted to change the law, there are traditions to be followed, an example is what it stipulated in the case of Awuse V. Odili (2004) 114LRCN 2874at 2920-2921, for this is not how to maintain the rule of law, for our Supreme Court, on the basis of excuses to change the law just to satisfy an individual in a country of over 140 million persons, and to oppress others like our candidate.

High lights on lack of jurisdiction and other abnormalities

On 25th October, when it gave the judgment , by SS.285 and 246 of the Constitution and S. 76 of the Electoral Act, 2006, the Supreme Court had no jurisdiction to do so.
Precisely on 17th October,2007, some 7 days before its judgment, another court, the Election Petition Tribunal had given judgment against Hon. Amaechi on the issues the Supreme Court gave him judgment on.
SS.22 of the Supreme Court Act and its inherent powers have not created jurisdiction over the statutory and constitutional jurisdiction of the Supreme Court.
Today, the Federal High Court has no jurisdidction to declare one a governor, so a case from it, even on appeal to the Court of Appeal and Supreme Court, can not declare one a governor.
The issue of declaring Hon. Amaechi a governor was not in issue at the Federal High Court and Court of Appeal, and was introduced at the Supreme Court without leave to introduce a new issue or claim.
That following the principles in Governor of Lagos State V. Ojukwu (1986) All NLR (pt.1)194, The Supreme Court was only supposed to set aside result from action taken , when a matter is before court.
The Supreme Court undoubtedly has jurisdiction to set aside its decisions that are null and void, without jurisdiction.
That the Supreme Court in Hon. Amaechis case, declared the election of 2007 in Rivers State, as illegal, null and void and that nothing can be hoisted on it, so why will Hon. Amaechi benefit from an illegal, null and void election of 2007 or Omehia.
By SS.147 and 164 of the Electoral Act, since the Supreme Court, Court of Appeal and Election Petition Tribunal have all declared Omehia not to be the winner, the election shall or must be nullified.
Hon. Amaechis case that was filed on 26th January,2007 can not ordinarily challenge an election that has not taken place when he went to court on 14th April,2007.

These problems raised the question as to whether Nigerians are not wasting their energy and time on the issue of constitutional and electoral reforms. A community reading of sections 285 and 246 recognize the Election Petition Tribunal and the Court of Appeal as the exclusive and final appellate court respectively, in case of governorship election, see also section 76 of the Electoral Act. S.164 of the Electoral Act defines the man returned as the man declared by INEC and section 147 of same says, if the court for any reason says the man returned is no longer the winner, the court should nullify the election. In our case, the Supreme Court, the Court of Appeal and the Election Petition Tribunal have all said the man returned by INEC, Omehia is no longer the winner, yet they have all failed to nullify the election. This is a case of the electoral laws and the constitution versus judicial dictatorship, which must be resolved now, if the changes we clamor for will not be rubbished.

Quotations that speak the truth (An article)

An application by our candidate to the Supreme Court to set aside its Judgment .

Proof of the creation, imposition and lack of jurisdiction.

Forum: Old Messages

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