– CEO @VivaDido
I’ve been seeing people say ‘technicalities’ up and down and I wonder if they understand what they mean at all with the way they chorus it. I had to do a little research about it and became enlightened.
You should be happy whenever you hear about technicalities instead of fidgeting into thinking it’s one bad thing.
What is a Law, without logic?
After I studied the Electoral Act, I discovered it was made on the basis of STATISTICS and Statistics which is a branch of Mathematics is governed by logic. Logic has to do with mental reasoning; the application of the ‘IF statement’ upon which computer programs are based.
In the introduction to A Dictionary of Human Rights, David Robertson states that one cannot dismiss legal technicalities and cut through legal language entirely, because rights basically are legal technicalities.
The law is inevitably technical because a relatively small number of laws have to account for a much larger number of possible situations. Technicalities in law are necessary and inevitable.
Sometime ago, in the course of my research, I came across a publication, Science in the Courtroom, by Stephen Breyer. Here are some things I discovered in it:
Judges have begun to work more closely with scientists to ensure that their rulings are founded on scientifically sound knowledge.
In this age of Science, Science should expect to find a warm welcome, perhaps a permanent home, in our courtrooms. Legal disputes increasingly involve the principles and tools of science. Proper resolutions of these disputes matter not just to the litigants but also to the general public – those who live in our technologically complex society and whom the law must serve.
Court judgment must reflect a proper scientific and technical understanding so that the laws can respond to the needs of the public.
Yes, a Judge is not a scientist, and a courtroom is not a scientific laboratory, but the law must seek decisions that fall within the boundaries of scientifically sound knowledge.
Judges are not being asked to become expert statisticians, but they are expected to understand how the statistical analysis work. Trial judges today are routinely asked to understand statistics at least as well, and probably better.
Now, let’s talk about the Procedural law which many of you are thinking is what would make you win the case.
Go to the copy of the Electoral Act, page 153 has the procedures for the conduct of the election.
Procedural law is just about the set of Guidelines and Regulations that govern the conduct of any legal proceedings.
If we want to go by procedural law, Obi would have been disqualified because his name wasn’t in the INEC register before the register was submitted by LP.
By procedural law, INEC and Tinubu did not breach any law.
Go to section 93 of the Regulations and Guidelines for the Conduct of Election under the Electoral Act, 2022; to see the procedure for the announcement of the results (page 205). INEC was directed to use the primary source of data which is the original EC8A form, not your beloved IREV portal blurred copies.
By procedural law, Atiku’s CSU findings would be dismissed because he had all the opportunity before now to have gathered his evidences and presented at the trial (tribunal) court. Also, 180 days period allowed for hearing of the petition that Atiku/PDP filed to nullify the outcome of the 2023 Presidential election had since elapsed.
After studying the legal procedures applied by each party to a case, the Judges/Justices would use technicalities (logic) in making their judgment about the case.
If you don’t want logic which in this case is called ‘technicality’ to be applied, tell me what you want?
“In your heart of hearts”?
Please retweet this for your neighbors who hate me.