Bayelsa State: When we have to Educate Oshiomhole on the position of law By Ikechukwu Emeka Onyia




When Comrade Adams Oshiomhole decided to continue with his talk before thinking in this 2020, we shall continue to educate him on the position of the law .

Bayelsa State has 8 LGAs . 25% in 2/3 of the LGAs in Bayelsa State means getting 25% in 5 LGAs of the state . Note that even before the Supreme Court Judgement that nullified APC votes in Bayelsa State, PDP candidate scored 25% in 5 LGAs in Bayelsa.


There are 5 LGAs PDP scored 25% even before the Supreme Court judgement :


(1) Yenagoa LGA : PDP scored 19,189 votes out of a total of 43,796 votes to meet the 25% of the total votes cast in the LGA.


(2) Sagbama LGA : PDP scored 60,399 votes out of 68,230 total votes cast to meet 25% requirements.


(3)Kolokuma/Opokuma LGA : PDP scored 15,360 votes out of total of 24,294 votes cast to meet 25% requirements.


(4) Ekeremor LGA : PDP scored 18,344 votes out of total of 39,833 votes cast to meet 25% requirements .


(5) Brass LGA : PDP scored 10,410 votes out of total of 34,241 votes to meet 25% requirements.


Section 179(2)(a)(b) provides that:


A candidate for an election to the office of Governor of a state shall be deemed to have been duly elected where,there being two or more candidates:-


(a) he has the highest number of votes cast at the election; and


(b) he has not less than one-quarter of all the votes cast in each of at least two-thirds of all the Local Governments in the state .

#Interpretation:

(1) Two-third of 8 LGAs of Bayelsa State is 5 LGAs .

(2) APC has 25% and above in 7 LGAs .

(3) PDP has 25% in 5 LGAs .

(4) On the strength of the disqualification of the APC, the candidate of PDP has met the Constitutional provisions to be declared Governor of Bayelsa State .


It is obvious that Adams Oshomole who should be explaining to his party members why he cleared someone with such identity crisis for Bayelsa State deputy governor, is here assuming the law to himself, while trying to save himself from blame.


Imo State : Does the Supreme Court Possess the Powers to review it’s earlier decision?

Justice Oputa (The Socrates of Supreme Court) provided the answer below :


Delivering the lead judgment in Adegoke Motors Ltd. v. Adesanya [1989] 13 NWLR (Pt.109) 250 at page 275A Justice Oputa also known as the Socrates of the Supreme Court considered the powers of the Supreme Court (as the final Court in the land) to review its earlier decisions and said:

"We are final not because we are infallible; rather we are infallible because we are final. Justices of this Court are human-beings, capable of erring. It will certainly be short sighted arrogance not to accept this obvious truth.


It is also true that this Court can do inestimable good through its wise decisions. Similarly, the Court can do incalculable harm through its mistakes.


When therefore it appears to learned counsel that any decision of this Court has been given per incuriam, such counsel should have the boldness and courage to ask that such a decision be over-ruled.


This Court has the power to over-rule itself (and has done so in the past) for it gladly accepts that it is far better to admit an error than to persevere in error"

~Chukwudifu Oputa JSC in Adegoke Motors Vs. Adesanya. (1989)


I wish to submit that Supreme Court can review and reverse her earlier judgement in Imo State for the interest of the public and our Constitutional Democracy.


The image of our apex court is also at stake and I pray that just like the Socrates of the Supreme Court, Justice Chukwudifu Oputa said “This Court has the power to over-rule itself (and has done so in the past) for it gladly accepts that it is far better to admit an error that to persevere in error”, that Supreme Court Justices will be courageous enough to reverse itself on Imo State Governorship matter.


How multiple Identities nullified Bayelsa State Governor-elect
How identity crisis of the former Bayelsa State Deputy Governor elect made Supreme Court to nullify their election…


He changed his name five times without any affidavits to legalize them.


Which one is his name here ?


(1) Year 1976 : Degi Biobaragha


(2) Year 1984 : Adegi Biobakuma


(3) Year 1990 :Degi Biobarakuma


(4) Year 2002 : Degi Biobarakuma Wangagha


(5) Year 2019 ; Degi-Eremienyo Biobarakuma


Note : High Court had earlier, nullified APC ticket on the basis of the above even before the Bayelsa State Governorship election.


Further Note: A Governorship Candidate cannot be qualified to stand for election without a Deputy Governorship candidate. An Injure on any of them invalidate the joint ticket. Deputy Governor elect is the person that destroyed their joint ticket.


Bayelsa : Oya, Read this again and tell me if you won’t nullify ticket that bears complications below ?
The Deputy Governorship candidate of APC provided and submitted information concerning his identity and the educational Certificate he submitted to INEC among others as follows:


1. 1976 Primary School Certificate as Degi Biobaragha.


2. 1984 WAEC school Certificate as Adegi Biobakumo.


3. In 1990 University first degree Certificate as Degi Biobarakuma.


4. In the year 2002 in University MBA as Degi Biobarakuma Wangagha.


5. In 2018 and 2019 INEC Forms CF001 as Biobarakuma Degi-Eremiwenyo.


6 In the Newspaper publication and the affidavits sworn to by Degi before two different Notary Public the names of Degi were conflicting and varied.


If na you be the Judge, you no go disqualify am ?



Ikechukwu Emeka Onyia

Comments

Popular posts from this blog

Nigeria’s COVID-19 Response and Post-Lockdown By ANAP Foundation

Why We Must Implement Diaspora Voting System By Hon. Alex Obi-Osuala