cktheluckyman:


is it that you have not been reading news in the last few days or what ?Ikpeazu posted documents which showed he had already filed the notice of appeal and stay of execution which was actually delivered to INEC before the mischievously went ahead to hand Uche Ogah a certificate of return!!!

The APC and INEC are playing games in Abia state

Stay of execution is an order of court. What gives a stay life is the order made by the court that follows it not the filing. Even if it is filed the court has to give it life by granting it through an order.

franchizy:


My brother some lawyers are hrartless because they want to eat money.

They had enough time to file a stay of execution sincean Appeal hasbeen filed but they ignorantly never did so rather they adviced the governor to declare a public holiday to buy unnecessary time.

I wont be suprised to hear tomorrow that Uche Ogar has been sworn in. if i were Ikpeazu i would have honourablly vacated the office and seek for peace from ogar to prevent him from arresting and prosecuting him for forgery.

A case of forgery has been established now against Ikpeazu and the man is in a hot soup except he sues for peace.

May God help his supporters to teason wisely.

Are you just been stupid or merely ignorant? The Governor has filed for appeal and stay of execution before INEC handed Uche Ogah a certificate of return.The Appeal court is expected to rule on the stay of execution on monday.

ever811:
but the people said its him they voted for naa..so which one come be,make him respect himself comot for the seat wey him people give am kwa? we get laws for Nigeria,na him our condition dey like this? nnanawaoooo

tell them say we no want law governor but a working governor

AtlanticBreeze:

Falana is a zombie lawyer, Falana may be one of the APC zombies on nairaland... I don't understand why agbakoba is trying to rubbish his name with this pedestrain opinion... I had better gone with the opinion of an authority which is the NBA president

And u be zombie commentator!

cktheluckyman:

Bros the law says once an appeal is filed, all actions will be suspended. Ikpeazu will remain Governor until his appeals are exhausted

If upon all these legal expositions you are still hanging unto these argument then you must be living in a fools paradise.

The big question here should be, did Gov. Ikpeazu serve INEC stay of execution order or not.. The answer will put a stop to all these confusional analysis most people are making here..

kahal29:


Stay of execution is an order of court. What gives a stay life is the order made by the court that follows it not the filing. Even if it is filed the court has to give it life by granting it through an order.

The electoral act says once an appeal is filed,the stay o execution is automatic.Anyway the osisioma high court has already ordered a stay of execution and the appeal court will rule on the stay of execution on monday

TonyeBarcanista:
I gree you my boss

Na you be the main boss oh

My question to Agbakoba ( Falana cannot be trusted..he is confirmed hypocrite) is that if a man has a death sentence and he filed a notice of appeal , would you go ahead and execute him because there was no stay of execution?
If the answer is No, why is Ikpeazu case different?
Am surprised at Agbakoba line of reasoning....
because once there is a notice of appeal, you have to wait till then .....
This is our greatest problem in this country..no standard and no rule of law..we do things anyhow and to our emotions or leaning....we can't divorce application of standard from our own personal interest.
Our personal interest always override Whatever we do..
It is a shame ..
In sane societies, a judge can sentence his own child to death or jail terms...we can't do that here...no sense of justice ..it is such a shame

kahal29:


If upon all these legal expositions you are still hanging unto these argument then you must be living in a fools paradise.

Which legal expositions? Why don't you quote a single part of the constitution or any judicial precedent to back up your case.

ramdris:
What's the new IG waiting for na? He should act by removing his security details since the court has nullified his election... Must dey die in power? I hate our kind of politics jare

Love this post


Old men be strongly for power like its going to make them younger..

TonyeBarcanista:

Read again, I said Abia state High Court or any other High Court(state of Federal) cannot override the judgement of FHC Abuja.

My position is that the defendant should have gone to the same judge to apply for stay of execution or to the Appellate Court, and not another High Court.

The ruling from Abia state HC did not overide the earlier judgment. It maintaiined the status quo for the moment. Which the FHC or state HC can do on that matter.

AtlanticBreeze:

Falana is a zombie lawyer, Falana may be one of the APC zombies on nairaland... I don't understand why agbakoba is trying to rubbish his name with this pedestrain opinion... I had better gone with the opinion of an authority which is the NBA president

do you have a problem with falana?

kcnwaigbo:


The electoral act says once an appeal is filed,the stay o execution is automatic.Anyway the osisioma high court has already ordered a stay of execution and the appeal court will rule on the stay of execution on monday

It is not my brother when it comes to regular court and this is where most people are confusing the governor. It is automatic in an election tribunal case but not that automatic in a case in regular court where you through a process to obtain it. This case is a pre election matter and not a post election which is handled by an election tribunal. As some said on this forum and I quote -

☆The FHC that ruled in favour of Dr Ogah was not an Election Petition Tribunal. It is not stricto sensu bound by the ELECTORAL ACT as amended.

Montaque:

The ruling from Abia state HC did not overide the earlier judgment. It maintaiined the status quo for the moment. Which the FHC or state HC can do on that matter.

A court CANNOT put the Judgement of another court of coordinate Jurisdiction on hold. Only the court that granted the judgement or a superior court can do that.

Montaque:

The ruling from Abia state HC did not overide the earlier judgment. It maintaiined the status quo for the moment. Which the FHC or state HC can do on that matter.

That is exactly what most people don't realise.The Osisioma high court did not rule against the FHC's judgement.It only ruled on whether that judgement should be implemented immediately or wait until the appeal is exhausted.

TonyeBarcanista:
A court CANNOT be the Judgement of another court of coordinate Jurisdiction on hold. Only the court that granted the judgement or a superior court can do that.

What portion of the law are you quoting? What portion of the law even grants INEC the right to issue a certificate of return even when an appeal is filed?

AtlanticBreeze:

you are twisting the whole issue.. INEC first said they didn't receive anything, when the governor provided proof they turned to say it was notice of appeal and not stay of execution, well according to the NBA president even a notice of appeal should maintain the status quo.. Inec has become partisan... uche ogah can never become a legitimate governor. quote me anywhere

A stay of execution would've restricted INEC from issuing Oga a certificate of return. I think the problem is that Ikpeazu's lawyers forgot they were treating a pre-election matter.

In election matters once an appeal is filed it automatically includes a stay of execution.

kahal29:


It is not my brother when it comes to regular court and this is where most people are confusing the governor. It is automatic in an election tribunal case but not that automatic in a case in regular court where you through a process to obtain it. This case is a pre election matter and not a post election which is handled by an election tribunal.

Bros I ask again.what portion of the constitution restricts the automatic stay of execution to just post-election cases? Why don't you go ahead and quote the relevant part of the law here

TonyeBarcanista:
A court CANNOT be the Judgement of another court of coordinate Jurisdiction on hold. Only the court that granted the judgement or a superior court can do that.

This is a preelection matter,so Ikpeazu is no longer the governor in the eyes of the law.

TonyeBarcanista:
A court CANNOT be the Judgement of another court of coordinate Jurisdiction on hold. Only the court that granted the judgement or a superior court can do that.

Hahahaha.
That's why they are of the same hierachy. They are of the same jurIsdIctIon on this matter.

kcnwaigbo:


What portion of the law are you quoting? What portion of the law even grants INEC the right to issue a certificate of return even when an appeal is filed?

If Ikpeazu had applied for stay of Execution at the court of Appeal, all these wouldn't have happened

iamceejay:


A stay of execution would've restricted INEC from issuing Oga a certificate of return. I think the problem is that Ikpeazu's lawyers forgot they were treating a pre-election matter.

In election matters once an appeal is filed it automatically includes a stay of execution.

Lawyers in the house please I am waiting for the portion of the law that restricts the automatic stay of execution once an appeal is filed to post-election matters?

Can someone please quote that part of the law here.

So if Uche Ogah is sworn in and Ikpeazu wins at the appeal court,he will return again and we might have another Governor should the supreme court reverse the appeal court judgement?

Does the above scenario make sense to anyone?

Joseph mbu could have carried out the order of the Federal High Court if he was the Commissioner of Police for Abia State

Montaque:

Hahahaha.
That's why they are of the same hierachy. They are of the same jurIsdIctIon on this matter.

for the fact that the FHC had given a verdict on it, any other court of same weight has lost locus standi to even entertain the case. Only an Appellate or the same court that gave verdict can.

donstevoz:

That's where you are getting it wrong. A notice of appeal does not amount to stay of execution. And INEC did say that they were only served with a notice of appeal and not stay of execution. Also, whatever injunction Ikpeazu got from the state high court is not binding on the judgement of the federal high court because they are correspondent. So what you can do is to urge Ikpeazu to prove INEC wrong and display a copy of the stay of execution from an appeal court (not a high court) that he served INEC, otherwise he's an arsenal fan, I mean a goner.

This is the most logical and intelligent submission. It's plain and simple. I'm not a lawyer or from South East,but
Agbakoba and Falana both SAN have spoken.

The level of thinking of people on nairaland.com beats my imagination. It stinks, full of bias with nepotism.
IT IS VISIBLE TO THE BLIND AND AUDIBLE TO THE DEAF THAT GOV IKPEAZU GOOFED LEGALLY.

When a sitting Governor hire CHARGE AND BAIL LAWYERS, this is the result expected.

Inec confirmed that they received only NOTICE OF APPEAL NOT STAY OF EXECUTION from Governor Ikpeazu legal team, and Ogah smartly capitalised on it.
This is not rocket science but political gerrymandering and ability to outsmart your political opponents.

My 2kobo.

TonyeBarcanista:
If Ikpeazu had applied for stay of Execution at the court of Appeal, all these wouldn't have happened

Barcanista honestly I don't know if you simply can't read or just having comprehension issues.

Ikpeazu had on wednesday filed a notice of apeal and stay of execution to the court of appeal even before Uche Ogah was issed with a certificate of return.The appeal court is expected to rule on the matter on monday.

TonyeBarcanista:
for the fact that the FHC had given a verdict on it, any other court of same weight has lost locus standi to even entertain the case. Only an Appellate or the same court that gave verdict can.

This is your personal opinion and not the position of the law.

TonyeBarcanista:
for the fact that the FHC had given a verdict on it, any other court of same weight has lost locus standi to even entertain the case. Only an Appellate or the same court that gave verdict can.

The abia HC did nt decide on the merit of the case. Just an application for stay of the judgment.
If the abia HC decided on its merit, then that's an appeal.

kcnwaigbo:


Barcanista honestly I don't know if you simply can't read or just having comprehension issues.

Ikpeazu had on wednesday filed a notice of apeal and stay of execution to the court of appeal even before Uche Ogah was issed with a certificate of return.The appeal court is expected to rule on the matter on monday.

Now if he really applied for the stay, then it is a different issue. But INEC had said he only appealed and never applied for stay of Execution... Who is lying? I dont know...


But the so called Abia HC judgement is null and void

ever811:
but the people said its him they voted for naa..so which one come be,make him respect himself comot for the seat wey him people give am kwa? we get laws for Nigeria,na him our condition dey like this? nnanawaoooo

which people .DAT one na talk ? Dem c im name 4 ballot paper ? Abi u self no no anything ? Na PDP dem vote for .and now ,dem water don pass garri

Progressive01:
Stop foaming in the mouth and spitting all over the place. This is about Abia state governor and not one Red Albino Monkey being ravaged in Kuje.

Ikpeazu should respect himself and vacate the office because before the law right now he's an imposter. Uche is the governor recognised by the constitution and anyone who conducts government business with Ikpeazu does so at the own risk.

Ikpeazu should go pursue his case in court but while he does so, government activities can't be suspended. The position isn't an inheritance.

From reading your post and the one you quoted, I can authoritatively say that you are the one foaming in the mouth and spitting all over this thread... Do you read before commenting or you comment before reading??