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Op-ed: THE IMO GUBERNATORIAL JUDGMENT – A PAINFUL BUT LEGALLY CORRECT VERDICT!

What happened was this: during the governorship election in Imo State, apparently concocted results, perhaps not having any basis whatsoever in reality, BUT SIGNED BY INEC PRESIDING OFFICERS, were turned in from more than 350 polling units, giving Hope Uzodinma of the APC an incredibly unassailable lead. When those results were transmitted to the wards collation centers, the collation officers, who had no power in law to cancel or reject them, rejected the said polling units results and refused to collate them, thereby effectively excluding them from the total tally of the governorship result that was eventually declared by the Returning Officer. In the aftermath of the said exclusion, the Independent National Electoral Commission declared Governor Ihedioha the winner of the election.

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It is indeed a perplexing paradox: Hope Uzodinma may not have won the 2019 Imo State gubernatorial election, yet the Supreme Court, on the facts, was right in declaring him the winner of that election in law. The error was not the Supreme Court’s, but that of Governor Emeka Ihedioha’s legal team, and it was a crucially fatal error.

What happened was this: during the governorship election in Imo State, apparently concocted results, perhaps not having any basis whatsoever in reality, BUT SIGNED BY INEC PRESIDING OFFICERS, were turned in from more than 350 polling units, giving Hope Uzodinma of the APC an incredibly unassailable lead. When those results were transmitted to the wards collation centers, the collation officers, who had no power in law to cancel or reject them, rejected the said polling units results and refused to collate them, thereby effectively excluding them from the total tally of the governorship result that was eventually declared by the Returning Officer. In the aftermath of the said exclusion, the Independent National Electoral Commission declared Governor Ihedioha the winner of the election.

This image has an empty alt attribute; its file name is Screenshot_1-3.png
Emeka Ihedioha

The exclusion of the results of those polling units was the fulcrum of the petition presented at the Tribunal by Hope Uzodinma. Ever since David Mark V. ABUBAKAR USMAN, and DOMA V. INEC, the law has been settled that neither collation officers nor a returning officer, has the power in law to exclude a polling unit result duly signed by the presiding officer at the polling unit; only the election tribunal possesses the power to cancel or exclude such a result. So, at the point of its presentation, Senator Uzodinma’s petition was potentially viable, in spite of the apparent dubiousness of the polling units results on which it was anchored, there being a REBUTTABLE presumption of regularity and correctness, by virtue of both the Electoral Act and Evidence Act, enuring in favor of any result declared by a presiding officer.

The backbreaking and fatal error made by Ihedioha’s legal team was in not filing a CROSS PETITION fiercely challenging the integrity of the suspect polling units results upon which Uzodinma was relying and praying the election tribunal to formally nullify the said results. Without a cross-petition, none of the grounds under section 138 (1) of the Electoral Act for questioning the elections conducted in those polling units in which Uzodinma “won” could have been competently raised by Governor Ihedioha in his defense to Uzodinma’s petition. This was the ratio decidendi of the old Court of Appeal decision in IDRIS V. A.N.P.P.(2008)8 NWLR(PT.1088) Page 1. In the recent Court of Appeal decision in ATIKU ABUBAKAR V. BUHARI, the Court of Appeal again invoked the principle in dismissing Buhari’s contention that Atiku ABUBAKAR was born in Cameroun to parents who originally were Camerounians, and thus disqualified from contesting the election. Dismissing the contention, the Court of Appeal held that the issue was incompetent since Buhari did not file a cross-petition.

Ihedioha indeed did set up facts in his Reply to the petition rehashing the serial infractions that led to the exclusion of the results of the said 300 plus polling units. But that was legally not enough, in the absence of a cross-petition. Besides, such renditions by a Respondent in a mere Reply or Statement of Defence are clearly incompetent. The reason for the incompetence was made clear by the Court of Appeal in NATIONAL JUDICIAL COUNCIL & ORS V. HON. JUSTICE JUBRIL BABAJIDE ALADEJANA & ORS(2014) LPELR – 2413 (CA) Page 31, paras C – F, at ratio 3 thus –

“The law is that it is a plaintiff who by his statement of claim primarily nominates issues to be tried in a suit and which he relies on to have the judgment of the Court. For a defendant, it is only necessary to resist the plaintiff’s claim on the facts pleaded. It is not for a defendant to set up facts which would convey that it is not just setting up a defense but setting up a new case of his own. He can only do so by way of a counterclaim…”

Shorn of the legalese, what the above authority is simply saying is that since the issue nominated for trial by Hope Uzodinma was the unlawfulness or otherwise of the exclusion of the results of the 300 plus polling units by the ward collation officers, Ihedioha’s defense was therefore necessarily restricted by law to showing that those who excluded the results had the power in law to exclude them. Without a cross-petition praying for the nullification of those results, the law forbade Governor Ihedioha as respondent from raising the issue of the alleged serial corrupt practices and irregularities marring the said results, in a mere statement of defense; that was a new issue not nominated by Uzodinma as the petitioner. Ihedioha, being a Respondent, could only have competently raised them via a cross-petition, being a new issue not nominated by Uzodinma, the petitioner.

Tragically, Ihedioha’s legal team forgot to include the pivotal cross-petition. And in the absence of a cross-petition, the Supreme Court was right in law, painfully though it may seem, to rely on the presumption of regularity and correctness enshrined by both the Electoral Act and Evidence Act in favor of the said results, and to reckon with them and add them up to the final result, since Ihedioha’s legal team had woefully failed to effectively attack the results and rebut that presumption. For the Supreme Court, this was the legally correct conclusion to come to, having found that INEC had no power in law to exclude polling unit results duly affirmed by the various polling units presiding officers!

by Kenneth Ikonne

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Disclaimer: The views and opinions expressed in this article are those of the authors and do not necessarily reflect the official policy or position of the newscap
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AKU ( Wealth): AGUIKE, alias Allah-Bama’s new hit song.

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AGUIKE , alias allah-bama

**Artiste: AGUIKE, alias Allah-Bama,
Genre: Afrobeats, Highlife, Rap, World, Neo-Afrosoul

Reviewed by Franz Dickson.

Aku (wealth) is an anthemic, massive, banging track delivered contemporaneously and stylishly. It’s Afrobeats, hip-high life, and dance. It is your party song, without a doubt. It’s another praise for Allah-Bama’s versatility in songwriting styles.
With a steady beat and prosperous, whole, harmonious, and zesty choruses, pidgin rap leads with a spattering of genre-respected highlife vocal feels and adlibs here and there. It’s all done with great expertise.
And those crisp, fun, pidgin rap verses had AGUIKE deliver his message and call to “stay humble even when you’re on top” in a contemporary, avant-garde style.
His highly loveable pidgin rap style is well-measured, rhythmic, timed, executed on the bar and beat with great flair and precision.
A brilliant use of drum rolls and ear-friendly contemporary piano tones set this track up for great likability.
This is another cautionary song so brilliantly executed you won’t be able to help sing along with the highly singable choruses. The sweet choruses knock you off your feet.
“Eeeweh Onye akunaba ru raka Yaga ririwe o…”
“Ririwe… Ririwe o…” ( if heavens smile at you, enjoy it)
“When you’re at the top, Stay humble. Be mindful.” That’s the translation.
Neatly executed guitar riffs run alongside the track’s throbbing rhythm. Depending on the leads, AGUIKE switches adroitly between his trademark sweet falsetto and teasing vocal scats and adlibs to come through on this song.
His use of genre-respected highlife feels and adlibs are noticeably heartwarming. He takes you nostalgically into that zone. With some of those classic late Osita Osadebe’s feels on a contemporary groove, complete with a chorus you can’t resist. That gives you an idea of what I am talking about.
The bassline tones and play attitudes are all on point.
What you will need help to avoid about this party banger is the power of the musical, zesty, full choruses to pull you in. You will sing along after a couple of replays. That’s a promise.
AGUIKE again displayed amazing songwriting skills. From the sweet melodic structure of the choruses to his fun-styled pidgin rap verses, it’s all expert work. It is a thundering five-star track, trust me. 🌟 🌟 🌟 🌟 🌟
Franz Dickson is a music critic and is the author of The Contestant
franzdickson@gmail.com

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Maziyke releases another single-WHATEVER

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emma -agu

Words/Music/Produced by -Maziyke-also known as allaBama

Genre: Dance, Afrobeats, Pop, Soul, Easy Listening.

Reviewer: Franz Dickson 2022-Musician and author

Artiste: Maziyke

After listening to “Whatever,” you come off with the feeling that here finally is an artiste and track worth their salt.
Maziyke’s return with this massive international track is a highly welcome development in these days of declining musicianship and artistry. The days of great, good music are back!

This smash hit is a brilliant assemblage of multiple genres: Afro-sounds, jazz, pop, rock, rhythm, blues, soul, Afro-soul, etc., into a truly seminal recording that is at once compelling, soulful, and evocatively nostalgic. If great music is your thing, then this is your track.
Being the veteran that he is, I couldn’t have expected lesser musicianship from the maestro, Maziyke; he proved pointedly that the long wait by his fans worldwide was worth it. He rewarded them with this ingeniously crafted masterpiece of a track, Whatever.
The song opens beautifully with a richly blended doo-wop-style chorus that sweeps you up in a soothing musical high.
Scoring truly professional harmonies has been a recurrent weakness of many of today’s tracks. But Maziyke would have none of that! The choruses here are beautifully blended, soothing, soulful, bright, crisp, and silky. He ensured that the department was well taken care of.

And his lead vocals are a master class in vocal delivery. Bristling with soul, style, and experience, he effortlessly breathed them on the mic with the flair and expertise of a vocal guru. His velvety rich voice was in its A-game. Every line is a masterstroke!
And a thing about veterans is their uncanny ability to craft songs on the appropriate sonic key that maximizes their leadership voice and the other instruments and voices on the track. It’s a function of great songwriting, and Maziyke-(born Emma Ike Agu) had that crucial question sorted out in the writing of this scintillating track.
The song’s mid-tempo rhythm makes it a soothing, delightful listening piece.

That’s a bold love declaration!
And appropriately titled, “Whatever” is a bold love declaration. Lovers worldwide and those pledging their love in marital vows just received a big boost and a new love anthem in this classic track. This is your next big international song on the key of love. Trust me!
And the soulful, anthemic baseline of this track rumbles sonically and definitively underneath throughout this masterpiece as if putting a stamp on it and augmenting its mellow mood.

Spicy, classic, jazz-influenced, Spanish-styled guitar riffs and disciplined strummed arpeggios help tell the song’s story at professionally interspersed intervals.
The soothing world-class mix and professional mastering are the icings on the cake. The total effect on you is that you want to press replay after each listen.

Carefully measured arrangements of chorus-verse alternation hold your attention and interest in the song for the 3 minutes or thereabouts from its intro to its coda.
And here’s the caveat about this massive track! The chorus is very singable and highly addictive!

This is a viral song. All the marks are in place and on point. A certified hit amongst Afrobeat, pop, RnB, soul, urban, and adult contemporary audiences.
I gladly give this five full stars.

Franz Dickson

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The Peace Jingle By Maziyke

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Maziyke

This song is about world peace; it is Maziyke’s little contribution to peace around the universe.
“The Peace -Jingle-” is part of 1 People, a track off the much-anticipated album of international singer-songwriter and media entrepreneur Ike Agu- “MAZIYKE.” Titled “Peace & Harmony,” this massive track is your quintessential peace song to all the world’s people. And this call for peace and harmony is most auspicious, coming at a time like this when humanity is faced with the outlook of a possible world war spiraling out of the devastating war in Ukraine. From the singer’s own terror-stalked homeland of Nigeria to Ukraine, from the violence-plagued Tigray region of Ethiopia to the troubled spots of the Middle East and Myanmar, the most sought-after needs now are peace and harmony.
And the profoundly meaningful lyrics of this massive peace anthem capture exactly what the world needs now– a reminder to give peace a chance.

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Maziyke to release GoodTime-Song Review

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Ike-Agu-Maziyke

Song Title:   Good Time

Words/Music/Produced by Ike Agu-Maziyke-also known as allaBama

Genre: Dance, Afrobeats, Pop, Soul, Easy Listening.

Reviewer: Franz Dickson 2022

Scheduled for release on the 29th of September to mark the International award-winning singer, songwriter, and producer’s birthday, GoodTime is unapologetically a pulsating, pumping beat!

Like the name suggests, “Good Time” is your ultimate party song! Crafted with one thing in mind: to give you a good time. If dance is your thing, or a great party song is your definition of a great track, then you’re in good company! “Good Time” has a bouncy, smart, infectious beat, rhythm, and groove! This song rocks as voices sing:

“Hello, hello, hey

We gonna have a good time

Good time tonight…”

A steady, innovative beat! Tight rhythm! Thumping bassline! Afro-influenced, highlife-reminiscent guitars, all executed with world-class musicianship!

The easy-going, impeccably delivered verse and choruses speak to letting down your hair and partying, especially after the day’s hassles, work, or whatever it may have been. The tone of invitation to loosen up and have a good time is unmissable in the voices.

The lead voice, while making it sound easy, actually delivers a masterpiece of a light-hearted vocal technique rendition that suits a big, artful party song like Good Time. Extraordinary creativity, indeed! I have heard it said; that the ability to express a big idea in simple terms is a mark of great talent. That’s what this song is. And Maziyke nailed it. 

As usual, he was perfectly at home and sensitively communicative of the happy-go-lucky mood and attitude required of this brilliant song. His resonant, rich voice was on duty executing this beautiful party piece.

The intelligent, brisk, relaxed tempo at once makes this track an easy listening pick as well, while it’s already a dance song! And those well-delivered choruses have one thing in mind–an invitation to forget about the worries and have a good time here and now. But, again, this is essentially a dance song.

And the background guitars played by the singer are beautifully and nicely Afrocentric. Highlife comes readily to mind in the play style.

By the time the groove peaks and climaxes at the point where the voices switch into singing “Egwu-oma” which in the Igbo language means “good music,” this big song shifts gear and becomes a raging, sweet groove that’s totally off the hinges! Yes! This is good music!

With its groovy bass line, the drum-driven quality of this track is sure to get it into numerous dance music playlists and easy-listening radio belts. It has all the marks of a viral social media song.

Woven across dance, soul, pop, and the afrobeats genres, Good Time is assuredly the party man’s ultimate song and anthem, even though a broad spectrum of lovers of great music will gravitate easily towards this ingeniously crafted song.

DJs from Africa to the Caribbean and worldwide just received another considerable dance floor mover in this beautiful track.

Franz Dickson

franzdickson@gmail.com

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