By Omeiza Ajayi ABUJA –

Abia state Governor-Elect, Dr. Uche Ogah has described as an affront on the rule of law, the refusal of the state’s Chief Judge, Theresa Uzoukwu to swear him in as the duly-elected governor of the state. Describing the action as capable of undermining the peace and stability of the state, Ogah contended that the stay of execution of the valid order of the Federal High court procured by the embattled governor, Dr Okezie Ikpeazu is only a black-market injunction that has no force of law.

Ogah who spoke to journalists in Abuja through his Special Adviser on Public Communications, Monday Onyekachi Ubani, said there is a clear difference between a pre-election matter on which the Federal High court premised its ruling and the post-election trial of electoral matters by tribunals on the issue of the stay of execution or arrest of judgement.

I am not ignorant of the black market injunction allegedly obtained by Dr Ikpeazu at Osisioma Ngwa High court restraining the Chief Judge of Abia state from swearing in Dr Ogah. That interim order was premised on Section 143 of the Electoral Act which is only applicable to judgements obtained in Election Tribunals, but not in pre-election matters. It is a laughable ruling not worth the paper it was written.

For God’s sake, a High Court in Abia is a court of coordinate jurisdiction with a Federal High Court and so any order given by such court to contradict an earlier order of the same court is ipso facto null and void. It is only a higher court that has the legal capacity to reverse the earlier order or judgement. “In a pre-election matter the enforceability of a court judgement is immediate as the losing side in the legal argument, in this case, Dr Ikpeazu, was never adjudged to have been qualified to contest the election in the first place while in a post-election matter the mandate enjoyed by an incumbent subsists until the tribunal or appellate courts rule otherwise.

Failure or delay to swear Dr Ogah in as the duly elected Governor of Abia state is an unqualified affront to the rule of law and constitutional governance in a true democracy, and an act that is capable of undermining the peace and stability of the state. Dr Ikpeazu has been duly removed as Abia state Governor and not amount of legal shenanigans and illegal public holidays will derail the law of the land taking full effect. Dr Ogah will be sworn-in in due course so as to avoid the dangerous power vacuum that currently exists in Abia state, and for him to begin the urgent task of empowering Abians with his laudable developmental programmes already lined up.

According to him, the consequential declaration of a Federal High Court that he be immediately sworn-in as the Governor of the state is a testimony to the majesty of the rule of law upon which constitutional governance is founded and relied on in Nigeria. He stated that the Independent National Electoral Commission INEC acted within its powers as a law-abiding institution in issuing Dr Ogah a certificate of return “so as to avoid an unpalatable leadership vacuum in the state”.

Ubani stressed that “the court having found that the information Dr Ikpeazu supplied about his tax payments were all false, ruled that he was not qualified to have participated in the primary election of PDP in Dec 2014, that all the votes he gathered at the said primaries were invalid and of no effect, in fact wasted. Since a general election has been held and the PDP won, Dr Ikpeazu was asked to vacate his seat while the certificate of return should be issued to Dr Ogah who came second during the primary election.

He was ordered to be sworn in by the Chief Judge of Abia state immediately. Note the word used by the presiding judge was immediately. Enrollment order was procured by Dr Uche Ogah and INEC was served and they obeyed the extant judgement of the Federal High court by issuing Dr Ogah with the certificate of return”. He described Dr Ogah as a man of peace who has already stretched out his hand of fellowship to his predecessor to join him in the task of building the state.

His Excellency is a man of peace and he has extended a positive arm of peace not just to his predecessor alone, but to all his predecessor’s supporters because as members of the same political party, it is in the interest of the party and the good people of the state that they close ranks and work together for a smooth transfer of power and the unhampered running of the new administration”. He urged Abians to maintain the peace while efforts are geared towards resolving the issue at stake.

http://www.vanguardngr.com/2016/07/cjs-refusal-swear-affront-rule-law-uche-ogah/

Dr Ikpeazu has been duly removed as Abia state Governor and not amount of legal shenanigans and illegal public holidays will derail the law of the land taking full effect.. This 1 tough oh

Noted

Jeffboi:
#

Chosen1984:
Noted

Juz lukat dem

Appeal court loading.

what a lawless society .

BeeBeeOoh:
Juz lukat dem

FTC loading

Jeffboi:



FTC loading

Trophy ti take over

BeeBeeOoh:
Juz lukat dem

Chosen1984:

Dis 1 u dey shine 32, e be lyk sey u don get endorsement deal from Oral-B people??

BeeBeeOoh:
Dis 1 u dey shine 32, e be lyk sey u don get endorsement deal from Oral-B people??

Lolz.... E bi like say u no get anything to talk for this matter! U just wan book space

Chosen1984:
Lolz.... E bi like say u no get anything to talk for this matter! U just wan book space

I am not a space booker, but a MATTER(i occupy space)

Oga if Abia state Cj refuse swearing you in. Go to Abuja judges u will duely be sworn in as Amechi was sworn in in Abuja 2007

I thought you were coming your papa that will swear you in?

Na them sabi

This young man needs to exercise some patience and restraint. There must be peace in Abia state before he can successfully preside over its affairs. His lawyers should advise him appropriately on the next step to take. He appears too hungry for power which may be his hubris.

this case sef ehhh....his "excellency" please proceed to the government house umuahia for your swearing in

westlius:
Oga if Abia state Cj refuse swearing you in. Go to Abuja judges u will duely be sworn in as Amechi was sworn in in Abuja 2007

You mean he should be sworn in as the Governor of Abuja?

FYI Amaechi was sworn in by the Rivers CJ after the supreme court's judgement.

There is a valid court judgement stopping the swearing in of Uche Ogah.He should go and appeal that judgement and stop whipping up sentiments.He has been beaten in his own dirty game soo he should just shut up.

The name ikpeazu (last person)

bejeiodus:
This young man needs to exercise some patience and restraint. There must be peace in Abia state before he can successfully preside over its affairs. His lawyers should advise him appropriately on the next step to take. He appears too hungry for power which may be his hubris.

The ogah boy looks to dull ,weak, and inexperienced

able20:

The ogah boy looks to dull ,weak, and inexperienced

Can a dull, weak and inexperience person establish and manage a multi billion company like Master Energy?

Leadership quality is not by look or appearance, what matter is the good leadership that he can offer the people.

kcnwaigbo:
There is a valid court judgement stopping the swearing in of Uche Ogah.He should go and appeal that judgement and stop whipping up sentiments.He has been beaten in his own dirty game soo he should just shut up.

You have really tried defending the governor since this matter started. I pray he remembers your efforts at the end of the day. Jisie Ike Nwanne

Following

kcnwaigbo:
There is a valid court judgement stopping the swearing in of Uche Ogah.He should go and appeal that judgement and stop whipping up sentiments.He has been beaten in his own dirty game soo he should just shut up.

There is no valid judgement stopping the swearing in. The Ngwa high court order is null and void with no effect. Ikpeazu should go to the appeal court to obtain a stay of execution order pending the determination of his appeal. That is the only valid order that can prevent Ogah's swearing in.

seunmsg:


There is no valid judgement stopping the swearing in. The Ngwa high court order is null and void with no effect. Ikpeazu should go to the appeal court to obtain a stay of execution order pending the determination of his appeal. That is the only valid order that can prevent Ogah's swearing in.

are you sure that has not been done already?

nwadiuko1:
are you sure that has not been done already?

Based on the media coverage of the case so far, I don't think a valid stay of execution order has been obtained.

Jeffboi:
Dr Ikpeazu has been duly removed as Abia state Governor and not amount of legal shenanigans and illegal public holidays will derail the law of the land taking full effect.. This 1 tough oh

What happens to Ikpeazu's right of appeal which he has invoked and currently enjoys? Why do u ppl like to turn the law on its head? For ur information, a public holiday cannot stop the CJ of a state or CJN from swearing a governor into office. That particular function is exempt from the import of public holidays.

If a sitting President or Governor dies for instance, on a public holiday, d country or that state will not be allowed to suffer a constitutional lacuna occasioned by d lack of a governor or president, the CJ will as a matter of law and necessity swear d VP or Deputy Governor into office immediately!

If this was a judgment by the Supreme Court beyond which no further appeal may lie, the CJ would swear d Uche Oga in immediately even if Ikpeazu had possibly sensed the judgment would not bee in his favour and wanted pull a fast one. He would by law have ceased to be governor immediately d Supreme Court judgement is passed so like I said, public holiday or not, d state will not suffer any constitutional lacuna.

However, this is a high court ruling subject to appeal which has been duly filed and served so why shouldn't d law take its course? How is d CJ expected to perform an illegal and unconstitutional function?

seunmsg:


There is no valid judgement stopping the swearing in. The Ngwa high court order is null and void with no effect. Ikpeazu should go to the appeal court to obtain a stay of execution order pending the determination of his appeal. That is the only valid order that can prevent Ogah's swearing in.

Kindly read section 143 (1)&(2) of d Electoral Act. Let me make it easy for u:

143.(1) If the Election Tribunal or the Court, as the case may be, determines that a candidate returned as elected
was not validly elected, then if notice of appeal against that decision is given within 21 days from the date of the decision, the candidate returned as elected shall, notwithstanding the contrary decision of the Election
Tribunal or the Court, remain in office pending the determination of the appeal.

(2) If the Election Tribunal or the Court, as the case maybe, determines that a candidate returned as elected
was not validly elected, the candidate returned as elected shall, notwithstanding the contrary decision of the
Election Tribunal or the Court, remain in office pending the expiration of the period of 21 days within which
an appeal may be brought.

freeze001:


Kindly read section 143 (1)&(2) of d Electoral Act. Let me make it easy for u:

143.(1) If the Election Tribunal or the Court, as the case may be, determines that a candidate returned as elected
was not validly elected, then if notice of appeal against that decision is given within 21 days from the date of the decision, the candidate returned as elected shall, notwithstanding the contrary decision of the Election
Tribunal or the Court, remain in office pending the determination of the appeal.

(2) If the Election Tribunal or the Court, as the case maybe, determines that a candidate returned as elected
was not validly elected, the candidate returned as elected shall, notwithstanding the contrary decision of the
Election Tribunal or the Court, remain in office pending the expiration of the period of 21 days within which
an appeal may be brought.

Thanks for this. I am also in support of the exhaustion of all the appeal processes before the execution of the court order. I just want it to be done properly under the law as some lawyers have argued that section 143 of the electoral act does not affect judgement on pre-election cases.