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Who Will Call David Mark Senate To Order?

http://www.tribune.com.ng/index.php/news/5397-again-senate-refuses-to-swear-in-igbeke

You read things like this, you have no choice but to wonder-what kind of a country really is Nigeria? Right from the moment of swearing-in till the present day David Mark senate has been that of endless scandal. The fact that no one ever asks any question seem to have emboldened this Benue State retired soldier and politician.

No good news ever comes out of the Nigerian senate. They legislate only for their own comfort to the detriment of Nigerians. Their four year tenure ends next year, yet they cannot pick on a single item of useful legislation they have made to improve the life of the ordinary Nigerian. The freedom of information bill- a comprehensive piece of legislation that could have helped with the fight against corruption was thwarted by David Mark and his gang. They award themselves stupendous allowances the most absurd of which is "constituency allowance" - a whopping 45million naira quarterly that is unaudited untaxed free money. Which third world country ever develops like this This profligacy is unsustainable can only precede economic chaos.

Now David Mark senate has chosen to embark on another path aside from corruption and economic ruination-Wilful disobedience of court order and contempt for the rule of law. The very law that establishes the senate and allows David Mark to be its president. I am not a lawyer but the above gives more than a few grounds for DM to be committed to prison without further delay. This is a disgrace to all Nigerians. By the way the electoral appeal court in Nigeria is the final arbiter on all electoral disputes not the supreme court.

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33 answers

Topic: Who will call David Mark Senate to Order

You will find that Emordi's matter (a mere symptom of a larger malaise) did not come up until the last paragraph of my introductory statement. Its a sick senate and one man is at its root cause.

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What has R Babalola and Finance yap got to do with this thread?

The case in the SC is what we should wait for, not pre-empting the outcome or killing ourselves over WHETHER THE SC HAS POWERS TO LEGISLATE ON ELECTORAL MATTERS!

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What is playing out rt now, you cannot see in Ghana, in Kenya or other African democracies-you can ignore the west. For those who are ill informed, a corrupt and discredited Iwu's Inec declared Emordi winner of said senatorial election. Igbeke went to election tribunal with evidence to prove he won the election.

The tribunal found he had a credible case and declared him winner. Emordi appealed to the highest court in the land to adjudicate on election matters which is the appeal court, again she was kicked out with her appeal. The same thing happened with Agagu (Gov Ondo state) and Oserhiemen (Edo state) etc etc and they vacated their seats.

If it was within David Mark power, these pple would have remained in their seat.

Emordi said no, she went back to the same appeal court for interpretation of its own judgement- a patent abuse of court process no doubt with the connivance of David Mark. In unequivocal terms she is told the pple do not want you! Inspite of that DM refuses to swear in the declared winner 3years after this charade started. Now its the supreme court that is not a recognized arbiter in election matters under the 1999 operative constitution.

How can one man hold the will of an entire nation rep by the constitution to ransom.

We have never seen a senate so notorious, so irresponsible and also so profligate. This is a warning that has just been issued (today) by the new minister of state for Finance-

We have seen repeatedly in the last three years how the executive will send budget proposal for say N5, when it comes out of the senate its N50. These illitrates just dont get it

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The implication of DMs action is that every tom dick and harry who has a godfather in politics or whose party is in charge of a state or federal arm of government would want to rig election and hold out up to the supreme court (which is about 4 years) making the electoral reforms useless.

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Who calls the shots in this instance: the lower court, the higher court to which an appeal has been duly filed or DM that JUST MUST WAIT TO SEE THE END OF THE LEGAL IMBROGLIO B4 TAKING ACTION ?

FFS, Emordi appealed within d 21 day period allowed, do u expect DM to fall foul of the higher court to satisfy the lower court?

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Again, the SENATE has NO POWER OVER THE COURTS. Mark David has NO POWER OVER THE COURTS. If the COURTS SAY NO, HE HAS NO POWER, simple!!! If enforcing the act is what you are referring to here, it is not the SENATE to enforce it, so a senator taking it on himself to ENFORCE the law or act is NOT in the right. 

A senator has no right over the courts. If you read the article, you will see it does not tell us Why David Mark is involved in this(Nigerian Journalism jungle), I do not know. But if he is throwing himself on this as senate President, then he is in the wrong.

As for the act, is what is in bold above any different from what is outlined in 149?

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^ Go and read up what the Electoral Act 2006 has to say about this and stop yapping tosh ! When you do, tell us your own interpretation of section 149 . . .

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Regardless of how many times the court goes back and forth on this, or any other issue, a senator has NO power over what the court says. It is as simple as that. Even the president has no such power over the courts. So, there is absolutely no reason why a senator, even the senate president, should ignore the courts.

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God bless u paddylo . . .

I wonder why people think they know, when they cant think REASONABLY!

Only a fool would be arguing that Supreme Court cant overrule Appeal Court in electoral matters

where was 12.2/3 majority of AWO vs SHAGARI settled ?

Who cares whether Emo-rdi or Igbekere are touts, we are discussing rule of law here!

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Igbeke is a crook. . .and this same court said joy emordi won the senate seat in a previous ruling

So lets all wait for Supreme court Judicial Interpretation

The Nigerian Senate cant just be swearing ppl in everyday based on some Kangaroo Judgement that igbeke paid for

U guys making noise has it occured to u that it is ridiculous for one court to say 2 different people won an election?

obviously this igbeke dude must have forged the results used in the tribunal

also INEC has a question to answer

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Yes supreme court is the highest court, but isn't the appeal court the highest adjudicator for senatorial election disputes?

Even if that is not the case, as we stand, the court of appeal has said that Igbeke is the actual senator and should be swear in- That is the current verdict as we speak, until any other court (supreme court) set that judgement aside, that should be the standing order. But David Mark seems to usurps a court judgment by his onw personal interpretation that is personal.

So why is David Mark disobeying court orders that said that this Igbeke should be sweared in with immediate effect?

Are you saying that the judges of appeal court are not aware of possiblity of an appeal but still went ahead and deliver the judgement using the words "swear-in and immediate effect?

Nigeria is a jungle, ran by animals in human skin.

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I no be lawyer but make i try.

In the case of a governor after the first judgement , he has a window for appeal while still retaining his office.It is assumed that he has accepted the verdict when he fails to file an appeal within that period. However after the appeal , the second judgement is final. In this case i hear , there has been an appeal and a second judgement.

Well lawyers are very funny but i do not know  the basis for DM's refusal to swear in IGBEKE. If he says because of the pending appeal in the supreme court (which i  believe is  just a waste of precious time), then he is supposed to be acting on a restraining order from a competent court , telling him to stay action pending the determination of the case. Has he been served a restraining order?

As for those saying Joy emordi should remain becuase Igbeke is a criminal , i cant help but laugh . This is really medicine after death. Do we call this the post-UME exam that students take after passing Jamb or what? If the criminal won , then give the criminal his mandate. maybe we have more criminals in the senatorial district that see criminality as acceptable.

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Just a question, if an incumbent governor of a state had been told to vacate his office and he still goes to contest the decision in an higher court- is he allowed to still stay as governor or he vacates his seat until the result of the appeal is determined?

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All this military men in agbada self.

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Sometime ago, this same Mark said telephone was not for the poor.

what do u expect from him?

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Its a fact that hardly any country develops in this westernized world without some kind of acquiescence and support from the west. So how they see us if we truly want to develop is important. All you need for confirmation is to look at the so-called rogue states like North Korea compared to South Korea

Why would they want to render assistance to us when they know that the money will end up in the hands of pple like David Mark?

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Cant wait for the break up.

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We need to be more concerned about the impact of these acts on our society and nation as a whole. Least on how the west sees us.

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Useless and Lawless Senators.

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Everybody understands that well except a certain NL doctor

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David Mark is also one of the richest Nigerians by far even though he has lived off govt all his life

Sometimes I wonder if our indolence as a pple is b/c of our oil and the taxes we dont pay. If we didnt have oil and we have to depend on taxes alone to run govt, I believe things would have been different.

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What David Mark is doing is to buy more time for Joy Emordi. Joy left initially when the Appeal court nullified her election. But when she could not replace Dora Akunyili as a minister, then they went to interpretation of a ruling that I as a lay man understood very well.

I just pity this country, the more they do all this rubbish, the more western world look at us as fools and selfish.

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too late to cry.

what do you expect from Mr David Mark who said telephone is not for the masses.

This is one of the people that ruin NATEL and landline in Nigeria.

Nigerians will alway get the rulers they deserve when they dont speak-up.

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Good question.

David Mark senate is a sham of a senate. No debate of issues goes on there. It is about obtaining and sharing money. What you get depends on your degree of loyalty to the leader. If you are seen as not being loyal, you are on your own. You will be hung out to dry. If on the other hand you are seen to show loyalty DM will go out of his way even risk imprisonment to prop you up.He is helping to consolidate his position among his peers at the same time. Which is why no amount of thievery or financial scandal in the senate can unseat him.

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Why do I get the feeling that you get a kick out of playing dumb. I believe you are definitely smarter than you present your self to be.

For the upteemth time it is an illegal means to keep on enjoying the perks of office even though she has been legitimately removed by a body authorized to do so. It is called abuse of court process. B/f the supreme court meets on the matter, Emordi would have served out her time.

You name them-Governors senators etc have been removed by the electoral appeal court. Where did the supreme court overturn a decision of an electoral appeal court under the operative (1999 constitution).

What Emordi and DM are doing constitute danger to democracy. It is A CHEAP tactic to evade court ruling and a contempt for the rule of law.

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I don't doubt that David Mark is probably stepping beyond his bounds here. I mean a lot of our so-called leaders do the same. What I am trying to understand is why - Why he would do so in this case.

If this is true, then the EFCC is supposed to be on this case and not the place of David Mark to decide to go against the court's rulings.

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if there is any observant anambrarian here,u all know that the senate is avoiding a bull in china shop!alphonsus obi igbeke,ubanesse 1 of anambra is a crook of the highest order.u can ask around.he is of the same feather as chris uba,emeka offor in destroying anambra state.

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Pennywise

answer the question: isnt the SUPREME COURT higher than COURT OF APPEAL?

Why havent u dispelled the fact that Emordi has taken her case to the highest court in d land ?

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If I was dealing with someone with a bit of commonsense I would say like I did before that the electoral appeal court is the apex court for the determination of all electoral disputes. And there is a reason for that- And that is to prevent cases from dragging on forever. I dont suppose you understand the necessity for a quick adjudication in these matters.

The appeal court has spoken not once but twice yet a rascally senate president says no.

A few weeks ago DM gave his daughter out in a very lavish wedding. Joy Emordi was the one who physically presented the bride to the inlaws on behalf of DM. This was when Emordi disappeared from the senate for a few weeks after the first appeal court ruling. While this is going on she picks up N45m kpaje (constituency allowance) even though the rtful winner had appeared at the senate, and was denied entry by DM.

This is about gaining the trust of loyal senators. DM is saying he can break the law if you are loyal to him.

No standing rule of senate supercedes an electoral appeal court ruling. Igweke has certificate of return-the same document that allowed Emordi and DM into the senate chambers. The only person standing in the way of Igweke and the the Nigerian constitution is DM.

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Foolish David Mark. He attempting a jail term if he's not careful. Igbeke should sue the senate leadership under David Mark. And that will be another crack on the wall of PDP.

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Foolish David Mark. He attempting a jail term if he's not careful. Igbeke should sue the senate leadership under David Mark.

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@Poster, any idea where I can find the Senate Standing Rules? Why is David Mark setting himself over the court's decision in this case?

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B4 u continue ur rants, ask urself: would D Mark be right to swear Igbekere in ?

Common sense !

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