ARREST OF JUDGES :2011 PDP Guber candidate Terver Kakih reminiscences what some Judges at the Appeal Court & Supreme court did to his case against Gabriel Suswam . Read

Remember one Terver Kakih who ran for governor in Benue on the platform of PDP sometime in 2011 with Gabriel -Suswam.Yes Kakih dragged Suswam to court over certificate forgery and the party for refusing to conduct a proper primary for the selection of a flag bearer.
All courts threw out his case even the Supreme Court

Kakih reacted to the arrest of some Judges yesterday after the news broke out,read his comments below.



"Finally,  the  raid on judges  by DSS has confirmed my description of the Nigeria  Judiciary  as, " AUCTIONEERS  (JUDGES) operating in BAZAAR HALL (COURT HALL)"

Justice Okoro Inyan  gave judgment against me in the Appeal  Court  Makurdi, in my  Gubernatorial  pre-election suit  wherein he  even reverse  Supreme Court  just to  deny me  justice because he was heavily influenced. 
Same  Okoro  Inyan  served as a go  between  to my opponents  and Supreme Court Judges  in my  same  suit  and I lost. 
Though you are exempted. Justice  Galadima and Onoghen ,  one day it will be for the owner . I implore  you  to at  least explain  how you  came  about the decision in my  suit that " certificate are not  a constitutional requirement  in elections  in Nigeria.

God  is on the throne.According to the statement from DSS signed by  Abdullahi  Garba,  large sum of money were found  in the arrested judges  houses. 

In one judge house  $2million was recovered.

On the whole the summary  of funds  recovered stand thus:
N93,558,,000:00
USA D530,087:00 
Pounds - 25,970:00 
Euro, 5,680 :00

By this  quantum sum in both  Naira &  foreign  currency, there is GREATER NEED for more thorough, deep, extended  and extensive  investigation  by DSS. 
The investigation  should cover all the  election  years of  1999,2003,2007,2011,&2015.
This is my  humble call. This will  sanitize  the judicial  for a better  Nigeria A good judicial  will go a long way in clearing  this country 's huge  vices.



See the judgement.....


TERVER KAKIH v. PEOPLES DEMOCRATIC PARTY & ORS

(2014) LPELR-23277(SC)

In The Supreme Court of Nigeria

On Friday, the 11th day of July, 2014

SC.236/2013


Before Their Lordships

WALTER SAMUEL NKANU ONNOGHENJustice of The Supreme Court of Nigeria

MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIEJustice of The Supreme Court of Nigeria

SULEIMAN GALADIMAJustice of The Supreme Court of Nigeria

BODE RHODES-VIVIOURJustice of The Supreme Court of Nigeria

KUMAI BAYANG AKA'AHSJustice of The Supreme Court of Nigeria

Between

TERVER KAKIH - Appellant(s)

AND

1. PEOPLES DEMOCRATIC PARTY (PDP)
2. INDEPENDENT NATIONAL ELECTORAL COMMISSION
3. THE WEST AFRICAN EXAMINATION COUNCIL
4. GABRIEL TORWUA SUSWAN - Respondent(s)

Summary

The complaint in this appeal is based on the nomination of a candiadate at a political party's primary. The appellant as plaintiff before the trial court challenged, inter alia, the conduct of the 1st respondent's primary election of its flag bearer for the Gubernatorial Election in Benue State held on 9/1/2011 and the qualification of the 4th Respondent to contest the said election.

The appellant claimed both declaratory and injunctive reliefs in paragraph 51 of his statement of claim. In the main, the appellant alleged that the primaries were not conducted in accordance with the provisions of the Electoral Act 2010 (as amended), the Constitution of 1st respondent and its Electoral Guidelines.

He also alleged that the 4th respondent presented a forged certificate to the 1st and 2nd respondents and therefore perjured in his INEC FORM CF001. He therefore sought the following: i. A Declaration that the rights of the plaintiff as a bona fide member of the 1st Defendant and his constitutional right to contest the forth coming election to the office of Governor of Benue State has been violated and or breached by the 1st Defendant. ii.

A Declaration that 1st Defendant breached the duty it owed the plaintiff under Section 87(3) of the electoral Act 2010 as amended, when it failed to ensure that the plaintiff was given equal opportunity of being voted for by members the gubernatorial primary of the 1st Defendant for Benue State held on the 9th of January 2011 at the Aper Aku Stadium Makurdi. iii. A Declaration that having failed to adhere strictly to the provisions of the electoral Act, 2010 as amended and its own Constitution and electoral guidelines concerning the gubernatorial primary for Benue State, the 1st Defendant could not have validly nominated the 4th Defendant.

iv. An Order nullifying the 1st -Defendant's Gubernatorial Primary for Benue State held on the 9th of January, 2011 at the Aper Aku Stadium Makurdi for failure to follow the Electoral Act, 2010 as amended and 1st Defendant's constitution and Electoral Guidelines for Gubernatorial Primaries. v. An Order nullifying the nomination of the 4th Defendant by the 1st Defendant because the Primary conducted by the 1st Defendant on the 9th January, 2011 did not follow the Electoral Guidelines or Constitution of the 1st Defendant and provisions of the electoral Act, 2010 as amended concerning party primaries".

At the conclusion of trial final written addresses were filed and exchanged. The 1st and 4th respondents in their final addresses raised issue of jurisdiction relying on the case of P.D.P v. SYLVA (2012) 13 NWLR (Pt.1316) 85. The learned trial judge, On 11/7/2012, upheld the 1st and 4th respondents' objection to the court's jurisdiction to hear and determine appellant's claim. The judge in his further findings held that there was no evidence in support of the claims of the appellant and same were dismissed in their entirety.

Aggrieved by the decision of the trial Court, the appellant unsuccessfully appealed to the Court of Appeal Makurdi Division, which affirmed the judgment of the trial court and accordingly dismissed the appeal. This is further appeal by the appellant who is dissatisfied with the judgment of the court below.

The Appellant formulated 11 issues for determination amongst which are: ISSUE 1 "Whether an error in mis-stating the date of the judgment being appealed against in the Notice of Appeal is fundamental or a mere irregularity. Ground 1 and 2. ISSUE 2 Whether there was any denial of fair hearing of the Appellant at the trial that occasioned a miscarriage of Justice and if yes, whether the Court of Appeal was right in holding that the Appellant required the leave of the Court to raise it on appeal.

Ground 3 ISSUE 3 Whether by the provisions of section 87(9) of the Electoral Act, 2010 (as amended) and the Supreme Court decision in P.D.P v. Sylva (2010) 13 NWLR (pt.1316) 85 the Court of Appeal was right in holding that the trial Court had no jurisdiction to entertain the Appellant's Suit Grounds 4 and 5. In the final analysis, the appeal was found to be vexatious and unmeritorious and was therefore dismissed. The judgment of the lower court which affirmed the judgment of the trial court was upheld.