NgeneUkwenu:


Is that not good?

Yes! and stop eating candies.
No wonder you can't comprehend the danger in the volatile scenario unfolding in Abia state, it's abia today it could be yours tommorow. The present inec is inept, clueléss and bereft of sound management; compared to the same umpire we are used to.

frankline5:
so government will go ahead and execute a convicted criminal sentenced by high court,even when the convicted criminal has file for an appeal at the higher court?

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.

By Claroo

Oksman:



Yes! and stop eating candies.
No wonder you can't comprehend the danger in the volatile scenario unfolding in Abia state, it's abia today it could be yours tommorow[b]. The present inec is inept, clueléss and bereft of sound management; compared to the same umpire we are used to[/b].

The umpire you guys said, rigged election for Buhari??

seunmsg:


The constitution was amended after the Amaechi case and Bello's case is yet to be decided by the appeal and supreme court. Beside, Bello was sworn in to avoid a vacuum in Kogi state government house, the situation is different to what is obtainable in Abia.

Which constitution are you talking about? The one I have here? If you were reffering to 1999 constution as ammend, I ask again which section? Please lets all be guided on what we feed the public...

NgeneUkwenu:




By Claroo

so the same law is not applicable to electoral cases?
Then tell me what we witnessed between last year and this year in the various electoral cases in nigeria.

frankline5:
so the same law is not applicable to electoral cases?
Then tell me what we witnessed between last year and this year in the various electoral cases in nigeria.

You are talking about the electoral cases, which the constitution explicitly stated that once an appeal arising from any tribunal is lodged within 21 days, it automatically translate to stay of execution of the said judgement. However what we have at hand is, a pre election matter (civil case) decided by a Federal High Court..so the court is not bound by the rules of election tribunal...

PhockPhockMan:
APC want to destroy Abia State they're doing in IMO, it won't work.
They want to install their dull baby who they will order around


It won't work.

If you have nothing to say keep quiet. Imo is the fastest developing State in Nigeria outside Lagos and Abuja today courtesy of your so called APC. Don't go creating enmity with us because we aren't competing . We wish Abia well.

NgeneUkwenu:



You are talking about the electoral cases, which the constitution explicitly stated that once an appeal arising from any tribunal is lodged within 21 days, it automatically translate to stay of execution of the said judgement. However what we have at hand is, a pre election matter (civil case) decided by a Federal High Court..so the court is not bound by the rules of election tribunal...

Bros which section of the constitution are you quoting? How does all this rants here help translate Uche Ogar from a mere Certificate of return holder to Governor since the CJ has refused to swear him in?

NgeneUkwenu:



You are talking about the electoral cases, which the constitution explicitly stated that once an appeal arising from any tribunal is lodged within 21 days, it automatically translate to stay of execution of the said judgement. However what we have at hand is, a pre election matter (civil case) decided by a Federal High Court..so the court is not bound by the rules of election tribunal...

I know you won't give up.

Show me where the constitution made it explicit that Inec should carry out a given judgement even when an appeal has been filed?
Mind you,the hearing for the motion for stay of execution comes up on monday and I understand the reason for the 'speedy failed' attempt to swear-in Ogah today.

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.?

I guess you dont know the electoral act has been amended post amaechi's case and bello's case has not been heard in the supreme court?

NgeneUkwenu:


Which constitution are you talking about? The one I have here? If you were reffering to 1999 constution as ammend, I ask again which section? Please lets all be guided on what we feed the public...

Sorry, I actually wanted to mention the electoral act and not the constitution.
“Section 141 of the Electoral Act stipulates as follows: ‘An election tribunal or court shall not under any circumstance declare any person a winner at an election in which such a person has notfully participated in all the stages of the said election.’

Ogah did not participate in all stages of the election and hence, the appeal court may reverse the decision of the high court to swear him in. Till then though, I think the status quo should remain.

seunmsg:


Sorry, I actually wanted to mention the electoral act and not the constitution.
“Section 141 of the Electoral Act stipulates as follows: ‘An election tribunal or court shall not under any circumstance declare any person a winner at an election in which such a person has notfully participated in all the stages of the said election.’

Ogah did not participate in all stages of the election and hence, the appeal court may reverse the decision of the high court to swear him in. Till then though, I think the status quo should remain.

http://www.vanguardngr.com/2011/07/court-rejects-sections-of-2010-electoral-act/

A Federal High Court in Abuja, yesterday, ordered election petition tribunals sitting across the federation to ignore provisions of section 140(2) and 141 of Electoral Act 2010, saying it was vague, unconstitutional and a deliberate attempt by the legislative arm of government to usurp powers of the judiciary.

Nullifying the two sections, the high court equally gave election tribunals nod to declare a candidate winner of any disputed election process brought before it, stressing that provisions of the aforementioned sections were inconsistent with both section 239 and 285 of the 1999 Constitution as amended.

It would be recalled that the National Assembly, in amending the Electoral Act, divested from courts the power to declare any candidate the bonafide winner of a disputed poll, stipulating that appropriate action the court or tribunal could take in such situation was to nullify the election and order a fresh one.

Dissatisfied with the decision, Labour Party, LP, went to court to challenge its constitutionality. The plaintiff joined Independent National Electoral Commission, INEC, and Attorney General of the Federation, Mohammed Bello Adoke, SAN, as defendants in the suit.

However, the two defendants, who were represented in court by Mrs. Patience Osagiede Ofeyi and Ms Olufunke Aboyade, respectively, joined the plaintiff in asking the court to void those portions of the Electoral Act, contending that it ousted the jurisdiction of tribunals with respect to reliefs that could be granted in an election petition.

Delivering judgment on the matter, Presiding Justice Gabriel Kolawole, maintained that the National Assembly was bereft of legislative competence to dictate to the court decision it should take over a suit filed before it, just as he described section 140(2) and 141 of the Electoral Act, 2010, as an affront on the concept of separation of powers.

He held that the sections smacked off legislative tyranny, in the sense that it removed the constitutionally guaranteed powers of the court to declare a candidate winner of an election, stressing that section 134 and 179 of the same constitution imbued the judiciary with powers to declare the person with majority votes winner of an election process.

He noted that the National Assembly deliberately interfered with judicial affairs, saying the two sections were nothing but legislative judgment.

According to the judge, “Sections 140 (2) and 141 of the Electoral Act 2010 delimits power of the court to adjudicate dispute between parties in Election Petition. It, therefore, derogates powers enshrined in Sections 4 [8] and 6 (1) of the Constitution.

“The decision a court can arrive at in any dispute is based on the peculiar facts and evidences presented before it, it is not what any parliament can technically determine. Once a tribunal is seized with a matter in line with provisions of section 239 and 385 of the constitution, it can no longer reside with the legislature to curtail or abridge the powers of that court.

“I, therefore, find Sections 140 (2) and 141 needless and an unnecessary intrusion, it is my view that election tribunals can operate effectively without these two provisions.

“Consequently, it is hereby declared inconsistent with the provisions of the 1999 constitution and, therefore, null and void. The various election tribunals shall not be bound by the provisions of Sections 140 (2) and 141, it is thus accordingly struck-down, same being unconstitutional.”

The plaintiff had in an originating summon it filed through its counsel, Chief Chuwkuma Ekomaru, SAN, prayed the high court to invoke its jurisdiction and declare that the provisions of the said portions of the Electoral Act were inconsistent with the provisions of sections 6(6a), 134, 179, 285 of the 1999 Constitution as amended.

NgeneUkwenu:


The umpire you guys said, rigged election for Buhari??

Hey butterball! am in no mood to talk until you let the grip of those candies off your hands and scale down your bovine outlook,
lol!!!

ok

PhockPhockMan:


http://www.premiumtimesng.com/news/headlines/206264-inec-backtracks-says-ikpeazus-appeal-notice-no-stay-execution-order.html

Politics here in Nigeria Na childs play.
Can you imagine this rubbish story[

BossKratos:


This INEC is as confused as a beheaded chicken!

Abia! Una dey on a long ting!

A confused president can only have a confused INEC with his relation as the head.
We are in trouble till 2019 or 2023.



www.nairaland.com/attachments/3487934_facebook20160217203110_png9d101a62a7f85ccae216ad246dbde300



www.nairaland.com/attachments/3633741_9jaintrouble_jpeg7d204565e27912ea7b3d41c7e31cf768

This kind of miss information is being orchestrated by ikpeazu supporters desperate to cling onto power

el-dullardeen is still existing in 1983

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.

Why do you guys expose your ignorance with no recourse to cerebral reasoning,Since you can browse-google Amaechi versus Omehia and that was where the learned judge of the FHC based his judgement.

Maski87:
This kind of miss information is being orchestrated by ikpeazu supporters desperate to cling onto power

What misinformation are you specifically talking about, please?
Thanks.

PhockPhockMan:
APC want to destroy Abia State they're doing in IMO, it won't work.
They want to install their dull baby who they will order around


It won't work.

Where did this zombie come from? Why comparing the dirtiest and most under-developed state with our Imo? Umuahia is not even as developed as the most remote village in Imo. Wake up boy!!!

buksaylor001:
Why do you guys expose your ignorance with no recourse to cerebral reasoning,Since you can browse-google Amaechi versus Omehia and that was where the learned judge of the FHC based his judgement.

Did INEC issue Amaechi a certificate immediately after the High court judgement or after all appeals had been exhausted?
Thanks.

anonimi:


Did INEC issue Amaechi a certificate immediately after the High court judgement or after all appeals had been exhausted?
Thanks.

very intelligent question.

NgeneUkwenu:


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

This is from another Nairalander by username claroo.....

The return of NgeneUkwenu.

Welcome back to the Queen or is it the King Z**b*e

Ok after Ogah is sworn in, the governor will be looking at resources from Ukwa-Ngwa Axis to run his government, which includes the IGR and the percentage of oil Revenue from Ukwa Ngwa.

Ok. lets see wasup.

frankline5:
GOD bless you for being objective here.

Let us protect this our democracy

Thanks.
It is the means for our voices to be better heard and our needs attended to by the crooks who pretend to be our leaders looters.



[img]https://www.nairaland.com/avatars/pcvhprupz53v0i2s3lqkiiftaebf16ps1287728[/img]

nwadiuko1:
the truth will surely come out AT THE FULLNESS OF TIME

In the fullness of time

It's crystal clear we are heading to a rocky 2019 general elections.
As an observer and a layman, I wonder what an appeal means
If a judgement that's appealed is followed through. What happens if the appellate court nullifies it?
Nairaland learned friends pls help

frankline5:
very intelligent question.

Perhaps the quote below may have the answer =>

Ifeniyi22:
Breaking news!!!!!!!!!!!!
Just heard from Stv (Silverbird television) lagos that the supreme court has ordered the removal of Celestine Omehia as governor of Rivers State and ruled that Rotimi Amaechi take over immediately. What are your views and comments on this.

anonimi:


Thanks.
It is the means for our voices to be better heard and our needs attended to by the crooks who pretend to be our leaders looters.



[img]https://www.nairaland.com/avatars/pcvhprupz53v0i2s3lqkiiftaebf16ps1287728[/img]

Got a better choice?

Next to theocracy, democracy is the next best thing.

anonimi:


Thanks.
It is the means for our voices to be better heard and our needs attended to by the crooks who pretend to be our leaders looters.



[img]https://www.nairaland.com/avatars/pcvhprupz53v0i2s3lqkiiftaebf16ps1287728[/img]

Got a better choice?

After theocracy, democracy is the next best thing.