Dialogues: USA Africa Dialogue Series - RE: ||NaijaObserver|| Re: [NaijaPolitics] Re: [afenmai] RE: PDP Must Respect Zoning

Prof Ogiamien:

First, Happy New Year Sir!

Now, it is unclear whether Idowu understood you well. In fact, we have had no issues about whether the courts can hear this case or not; we only said the Zoners in PDP cannot elevate their party rules above the national contitution because the party constitution is subbordinate to the nation's.

Thanks to Brother Ibim's private mail, I will now present the sequential development of the court rulings that led to the candidacy of Blacks in the South for political offices; and you will see that PDP CANNOT prevent any aspirant from running for an office. Take care. JUI

Here we go:

A legal device once employed by some Southern states to prevent African Americans from exercising their right to vote in a meaningful way.

In the 1920s Southern states began using the white primary as a way of limiting the ability of African Americans to play a part in the political process. The white primary was an effective device because of the virtual one-party political system in the South that existed until the late 1960s. In all but a few areas nomination by the Democratic party was tantamount to election, with Republicans often not bothering to run in the general elections.

In order to keep African Americans out of the political process, the Democratic party in many states adopted a rule excluding them from party membership. The state legislatures worked in concert with the party, closing the primaries to everyone except party members. The Supreme Court had ruled in 1921, in Newberry v. United States, 256 U.S. 232, 41 S. Ct. 469, 65 L. Ed. 913, that political parties were private organizations and not part of the government election apparatus. Therefore, by means of the white primary device, African Americans were disenfranchised without official state action that would have triggered judicial review under the Fourteenth Amendment's Equal Protection Clause.

Beginning in the late 1920s the Supreme Court reviewed a series of cases involving the white primary. In Nixon v. Herndon, 273 U.S. 536, 47 S. Ct. 446, 71 L. Ed. 759 (1927), the Court ruled that the state could not formally endorse the white primary, but in Grovey v. Townsend, 295 U.S. 45, 55 S. Ct. 622, 79 L. Ed. 1292 (1935), it upheld a Texas white primary that was based solely on a resolution adopted by the state Democratic party.

In United States v. Classic, 313 U.S. 299, 61 S. Ct. 1031, 85 L. Ed. 1368 (1941), the Court ruled that the federal government could regulate party primaries to prevent voter fraud. In recognizing that primaries were part of a state's electoral scheme, it overruled the Newberry precedent and weakened the Grovey v. Townsend holding. Finally, in Smith v. Allwright, 321 U.S. 649, 64 S. Ct. 757, 88 L. Ed. 987 (1944), the Court overruled the Grovey decision and struck down the white primary as a violation of the Fifteenth Amendment's prohibition against voting discrimination based on race.

Following Smith v. Allwright, Texas Democrats established a private association from which African Americans were excluded. The members of the association held "preprimary" elections to select candidates for the Democratic primaries. The Supreme Court declared in Terry v. Adams, 345 U.S. 461, 73 S. Ct. 809, 97 L. Ed. 1152 (1953), that the preprimary device was unconstitutional, as it made the primary and general elections "perfunctory ratifiers" of the decisions made during the preprimary process.

From: NaijaObserver@yahoogroups.com on behalf of idowu
Sent: Mon 10-Jan-11 8:21 PM
To: NaijaPolitics@yahoogroups.com; afenmai@yahoogroups.com
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Subject: ||NaijaObserver|| Re: [NaijaPolitics] Re: [afenmai] RE: PDP Must Respect Zoning - Justice Ishaq Usman Bello

Prof Ogiamien:

Thank you very much for your erudite explanation of court's right in relation to Party constitution.

I hope JUI and other GEJ supporters will take understanding from this explanation by you.

Pronto!!!

Idowu
"Rebellion to tyrants is obedience to God." --Thomas Jefferson

"There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest." -- Elie Wiesel

From: Professor Tony Ogiamien <ogiamien@gmail.com>
To: afenmai@yahoogroups.com
Cc: NIgerianWorldForum@yahoogroups.com; NaijaObserver@yahoogroups.com; omodua@yahoogroups.com; EKITIPEOPLESVOICE@yahoogroups.com; NigerDeltaForum@yahoogroups.com; naijapolitics@yahoogroups.com; edo-nationality@yahoogroups.com; usaafricadialogue@googlegroups.com
Sent: Mon, January 10, 2011 6:00:48 PM
Subject: [NaijaPolitics] Re: [afenmai] RE: PDP Must Respect Zoning - Justice Ishaq Usman Bello

JUI:

The Court has power to inquire into any agreement be it the CFRN 1999 or any political party agreement, (or even a religious organization) so long as there is controversy or dispute.....

Question: Has the PDP obeyed its own agreement? As the leading political party of Nigeria one would expect the party to be bound by the rules of its own house.

On Mon, Jan 10, 2011 at 11:37 AM, Igietseme, Joseph (CDC/OID/NCEZID) <jbi8@cdc.gov> wrote:

Idowu,

Is the court defending the provisions of the Nigerian Constitution or the PDP party agreements? And where the two clash, which side will the court rule? Just checking. Take care. JUI

From: NIgerianWorldForum@yahoogroups.com on behalf of idowu
Sent: Mon 10-Jan-11 2:15 PM
To: NaijaObserver@yahoogroups.com; NIgerianWorldForum@yahoogroups.com; omodua@yahoogroups.com; EKITIPEOPLESVOICE@yahoogroups.com; NigerDeltaForum@yahoogroups.com
Subject: [NIgerianWorldForum] Re: ||NaijaObserver|| Email to a friend

Guys:

This is a warning to Jonathan and his supporters. If PDP presents Jonathan, he would be disqualified by the court. His election would have contravene the party constitution and then the prayers of aggrieved person(s) would be granted.

The only hope for Jonathan is to fight to change PDP's constitution about zoning or move to another party to contest.

"A previously announced war, does not kill an intelligent crippled."

Pronto!!!

Idowu
"Rebellion to tyrants is obedience to God." --Thomas Jefferson

"There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest." -- Elie Wiesel

From: "Publisher@thewillnigeria.com" <Publisher@thewillnigeria.com>
To: NIgerianWorldForum@yahoogroups.com
Sent: Mon, January 10, 2011 12:25:07 PM
Subject: ||NaijaObserver|| Email to a friend

PDP Must Respect Zoning – Justice Ishaq Usman Bello

SAN FRANCISCO, Jan 10, (THEWILL) – Justice Isaq Usman Bello of a Federal
Capital Territory (FCT) High Court Abuja today ruled that the Peoples Democratic

Following link http://thewillnigeria.com/politics/7176-PDP-Must-Respect-Zoning-Justice-Ishaq-Usman-Bello.html was sent to you by publisher@thewillnigeria.com

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