The Independent National Electoral Commission, INEC, on Friday reversed its earlier position and admitted receiving a notice of appeal from the Abia State governor, Okezie Ikpeazu.
The commission, however, said the documents it received did not contain a stay-of-execution order, to stop the issuance of a certificate of return to Sampson Ogah as the next governor of the state.
The electoral body had on Thursday morning issued a certificate of return to Mr. Ogah as directed by a Federal High Court in Abuja on Monday.
Justice Abang Okon had ruled that Mr. Ikpeazu submitted fraudulent tax documents when he filed papers to run for governorship ticket on the platform of the Peoples Democratic Party.
Mr. Ogah was Mr. Ikpeazu’s main challenger in the gubernatorial primaries conducted in December 2014, and had asked the court to nullify Mr. Ikpeazu’s candidacy on the basis of the tax default.
Mr. Ikpeazu says he has appealed the ruling, and that he remains governor.
On Thursday, INEC said it issued a certificate of return to Mr. Ogah because it had not been served Mr. Ikpeazu’s notice of appeal.
After the Abia government released evidence countering that claim, the electoral body said the notice was submitted at the wrong INEC department.
Documents released by the Abia government showed that Mr. Ikpeazu’s notice was received and acknowledged by Saleh Ibrahim, a senior clerical officer at the commission’s legal department, at the INEC headquarters in Abuja.
In an explanation to PREMIUM TIMES on Friday, Nick Dazang, spokesman for INEC, said Mr. Ikpeazu’s failure to provide a stay-of-execution order left the commission with no choice than to issue the certificate of return to Mr. Ogah.
He said since Mr. Ikpeazu’s notice was not deemed sufficient, it had to, as a matter of policy, execute the judgment of the high court.
“I discovered that INEC received Mr. Ikpeazu’s notice. However, it did not contain a motion or order of stay of execution. In the circumstance, and in deference to the previous court order, INEC as a responsible regulatory (body) has no recourse than to issue Mr. Ogah the certificate of return,” Mr. Dazang said.
“By law, a certificate of return is supposed to be issued within one week. Also, the commission has decided as a matter of policy to obey all subsisting court orders. That means if the court were to issue a contradictory order, INEC has no option than to obey.”
But Abia State Attorney-General, Umeh Kalu, in an earlier statement on Thursday night, said the governor’s legal team included the notice of stay of execution order with the appeal notice delivered to INEC.
“I have a proof to that. Saleh N. Ibrahim, Senior Clerical Officer at the Legal Services Department of the Commission’s Headquarters, Abuja, who stamped the Notice of Appeal and Injunction with the Commission’s official stamp by 12.50pm on Wednesday, June 29, 2016.”

The commission, however, said the documents it received[b] did not contain a stay-of-execution orde[/b]r, to stop the issuance of a certificate of return to Sampson Ogah as the next governor of the state.

Lemme clarify the above, the mere fact that an appeal or stay of execution is lodged does not implies that the ruling/judgment shall not be immediately enforceable. It is an application that will moved by the Applicant while the respondent has the right to Oppose the application for stay of execution. It is when the application is granted by the judge that the applicant wl enjoy the stay of execution.

However in criminal matters where the crime is a Capital Offence. A notice of appeal is automatically a bar to the enforcement of such Death Sentence irrespective of the fact that the Appeal has not been heard.

NgeneUkwenu:


Chikena.....Ogah SHOULD BE SWORN IN WITH IMMEDIATE EFFECT...

But Abia State Attorney-General, Umeh Kalu, in an earlier statement on Thursday night, said the governor’s legal team included the notice of stay of execution order with the appeal notice delivered to INEC.

AtlanticBreeze:
Sack the inconclusive INEC boss now!

AtlanticBreeze:

I guess you missed this one.. APC/INEC Scam

NgeneUkwenu:


Why did you call me? Did you read before callin me? The notice aAppeal INEC has does not contain Stay of execution order which can only be given by the Appeal Court....

Adaure4ever:
are you this fat?
Ngene Ukwu-Ewu

NgeneUkwenu:


What they gave INEC was notice of appeal and not stay of execution order which can only be given by the court...Ikpeazu is a drowning man....let him publish the order and shame INEC...

NgeneUkwenu:


Chikena.....Ogah SHOULD BE SWORN IN WITH IMMEDIATE EFFECT...

NgeneUkwenu:


What they gave INEC was notice of appeal and not stay of execution order which can only be given by the court...Ikpeazu is a drowning man....let him publish the order and shame INEC...

weyab:
i dont knw but u need to move inside a pit toilet

seunmsg:


The supreme court may likely reverse the judgement of the high court as the said Ogah did not participate in all the electoral process. I think it's better for all the appeal processes to be exhausted before the execution of any court order. The status quo should remain till then.

NgeneUkwenu:


Chikena.....Ogah SHOULD BE SWORN IN WITH IMMEDIATE EFFECT...

frankline5:
once a motion for stay of execution is filed and served,Inec has no power to issue that certificate to Ogah.Abi you no get lawyer for una village?

seunmsg:


The supreme court may likely reverse the judgement of the high court as the said Ogah did not participate in all the electoral process. I think it's better for all the appeal processes to be exhausted before the execution of any court order. The status quo should remain till then.

temitemi1:
Nobody should expect any credible election from this useless/ inconclusive/ yeye inec

NgeneUkwenu:



Once a trial court enters judgment, that judgment can be carried into effect unless the trial court or court of appeals grants a motion for stay of execution of judgment. To stay a trial court's judgment, you must file a motion to stay judgment pursuant to Appellate Rule 7 for civil cases and Appellate Rule 8 for criminal cases. The rules specify that a motion for stay of execution of judgment should first be filed in the trial court.

So which court granted Ikpeazu a stay of execution?

NgeneUkwenu:


Why did you call me? Did you read before callin me? The notice aAppeal INEC has does not contain Stay of execution order which can only be given by the Appeal Court....

NgeneUkwenu:


Did Amaechi and Bello participate in the whole electoral process?? It has been decided by the Supreme Court that Parties rather than individuals inherits votes cast during elections.?