President Muhammadu Buhari is awaiting legal advice from the Attorney-General of the Federation, Mallam Abubakar Malami (SAN) on the governorship tussle in Abia State, The Nation gathered last night.



Malami, is cutting short his trip to Saudi Arabia for lesser Hajj and may return to the country tomorrow in connection with the development.

In the meantime, the president has ordered security agencies to ensure that there is no breakdown of law and order with three persons now laying claim to the governorship seat.

Dr. Uche Ogah who was issued a certificate of return by the Independent National Electoral Commission (INEC) on the order of a Federal High Court, Abuja for the purpose of assuming office as governor has described the refusal of Chief Judge Theresa Uzoukwu to swear him in as an affront on the rule of law.

The stalemate took a twist yesterday after one of those who contested the PDP governorship ticket in the state in December 2014, Sir Friday Nwosu, declared yesterday that he, and not Ogah, should replace Governor Okezie Ikpeazu.

Nwosu, like Ogah, has filed a suit in court accusing the governor of forging his tax documents.

The Nation learnt that security agencies have extracted a commitment from Governor Ikpeazu and Dr. Ogah to sheath their swords until there is a legal opinion on the confusion in the state.

A top government source said: “The President is awaiting legal advice from the Attorney-General of the Federation and Minister of Justice who has been away to Saudi Arabia for the lesser Hajj.

“In line with his commitment to the Rule of Law, there is nothing the President can do without a legal opinion.

“The AGF is expected back in the country on Monday and from then we may get a legal opinion on the situation in the state.”

Another source said the President had taken appropriate steps to prevent a breakdown of law and order in the state.

The source said: “All security agencies have been ordered to beef up security and prevent acts capable of causing unrest and breaches in the state.

“In line with the directive, security agencies have extracted commitment from Ikpeazu and Ogah that they will not take the laws into their hands. This was why the state Director of DSS had audience with Ogah on Thursday. The sitting governor has also given assurance to continue to ensure peace in the state.’

Ogah’s Special Adviser on Public Communications, Monday Onyekachi Ubani said yesterday in Abuja that Justice Uzoukwu’s action was capable of undermining the peace and stability of the state.

He rubbished the stay of execution which Ikpeazu said he obtained against the verdict of the FHC Abuja asking him to vacate office, as a black-market injunction that has no force of law.

His words: “In a pre-election matter, the enforceability of a court judgment is immediate as the losing side in the legal argument, in this case, 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.

“The court having found that the information Ikpeazu supplied about his tax payments was all false, ruled that he was not qualified to have participated in the primary election of PDP in December 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, Ikpeazu was asked to vacate his seat while the certificate of return should be issued to 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 judgment of the Federal High court by issuing Dr Ogah with the certificate of return”.

He dismissed the injunction granted Ikpeazu stopping the swearing in of Ogah.

He said:”I am not ignorant of the black market injunction allegedly obtained by 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 judgments 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 judgment”.

“Failure or delay to swear in Ogah 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.

“Ikpeazu has been duly removed as Abia state Governor and not the amount of legal shenanigans and illegal public holidays will derail the law of the land taking full effect. 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 programs already lined up.”

However, one of the PDP governorship aspirants in the December 2014 primaries, Sir Friday Nwosu, yesterday faulted the judgment of the Federal High Court, Abuja, which sacked Ikpeazu and declared Dr. Uche Ogah as governor.

Nwosu who is also challenging in court the validity of the tax papers submitted by Ikpeazu for the election said he was the rightful candidate of the party.

The suit is being heard by Justice A.I. Alagoa of the Federal High Court, Owerri.

Nwosu who spoke in a telephone interview with journalists stated that the court erred in law when it declared Ogah as governor since he (Ogah) refused to accept the result of the December 8, 2014 PDP primaries and thereafter petitioned the national leadership for a rerun of the exercise.

Nwosu said: “The judgment is in error and cannot stand judicial scrutiny. Dr. Uche Ogah should not be allowed to benefit from an exercise he totally condemned by refusing to sign the result and petitioning the party to conduct another primary election.

“He should wait for the rerun of the PDP primaries which he prayed for in his petition to the party. In the eyes of the law, Dr. Okezie Ikpeazu and Sir Friday Nwosu, were the only candidates who ran for the party primaries. Since Dr. Okezie Ikpeazu has been disqualified, I remain the lawful candidate of the PDP and ought to be declared governor.

“Again, the PDP in its Constitution recognizes zoning of political offices. The 2015 governorship position was rightly zoned to Abia South in the spirit of justice and equity. Since Dr. Uche Ogah is a member of the PDP, he must abide with the decisions of the party. Therefore, he cannot emerge from behind to shortchange the people of Abia South.”

He said he has appealed the verdict and urged his teeming supporters across the state to remain law abiding, adding that justice would be served on his petition which is being heard by the court.

Source>>>http://www.barbaric.com.ng/president-buhari-awaits-legal-advice-agf-abia-state/

I also await for myself to tell me wotusey

The matter is in court and it is the the court that will give the verdict to resolve the issue. Who gave the President and the AGF the power to resolve elections or pre-elections issues？Is the President now the court？

Which kind yeye news be this？abi una wan create confusion in abia state so that una go declear state of emergency in that state and put una stooge in power？

I am begining to think there is more to this Abia case than what we know. I hope Abians will unite and defend who they gave their mandate to

OP pls replace the source of your story with this one cos it better.

http://thenationonlineng.net/abia-stalemate-buhari-awaits-legal-advice-agf/

waiting for the buhari is guilty crew to come and display their ignorance as usual. from this report the presidency is not taking sides yet buhari has been on the receiving end of the blame games. the hilarious part of the whole debacle is that these iPod yoots/Ugandans claim to be more educated than the average almajiri in far away sokoto. education is definitely not a criteria for common sense

id911:
The matter is in court and it is the the court that will give the verdict to resolve the issue. Who gave the President and the AGF the power to resolve elections or pre-elections issues？Is the President now the court？

Which kind yeye news be this？abi una wan create confusion in abia state so that una go declear state of emergency in that state and put una stooge in power？

I am begining to think there is more to this Abia case than what we know. I hope Abians will unite and defend who they gave their mandate to

There is a lacuna. Hence AGF action is required.

tuale4u:


There is a lacuna. Hence AGF action is required.

in the eyes of APC zombies there is a lacuna but,in the eyes of the law ilkpeazu remains the governor.

tuale4u:


There is a lacuna. Hence AGF action is required.

There is no lacuna and the AGF is not a court of law.No zombie AGF would decide for abians who their Governor should be.

The appeal court is however expected to rule on the appeal filed by Ikpeazu tommorow so let's wait and see.

Lets wait and see the outcome...

Our Lawyers are becoming more clueless during dis Administration!!!

id911:
TWho gave the President and the AGF the power to resolve elections or pre-elections issues？Is the President now the court？

How old are you again? Do you know what AGF stands for?

Chairman... why u no dey write stories again na?

Dont mind that poster... he just wants to book space or has no idea how a govt is been run...

MaziOmenuko:


How old are you again? Do you know what AGF stands for?

MaziOmenuko:


How old are you again? Do you know what AGF stands for?

The attorney General of the federation is a partisan politician and not a court of law!! The only way to resolve the abia imbrogio is to await the ruling of the higher courts!!No stupid AGF would decide who will be the Governor of Abia state.

The abia state CJ will never swear in Ogah until Ikpeazu exhausts his appeal.

When next you cook up a plot always make sure you carry everyone along.The abia coup has failed.Just like the anambra CJ frustrated the anambra coup in 2003.The abia CJ has made a mess of the APC coup in abia state

MaziOmenuko:


How old are you again? Do you know what AGF stands for?

I am very sure i‘m older than you. I am also very sure you can’t defeat me in any constitutional and political debates.

Has the higher courts made pronouncement on this issue？Is appeal court not meeting tommorrow on this case？ So why the hurry by the AGF？Pls mind your biswack and get off my mentioned

MaziOmenuko:


How old are you again? Do you know what AGF stands for?

It doesn't matter, old or young, it's one way traffic.



This matter is novel, strengthen our jurisprudence also set judicial precedence but in the eyes of the law, Ikpeazu is marking extra time.

modath:


It doesn't matter, old or young, it's one way traffic.



This matter is novel, strengthen our jurisprudence also set judicial precedence but in the eyes of the law, Ikpeazu is marking extra time.

Exactly me sentiments. Same way Amaechi's case set a new dawn in our political history. It will go a long way in strengthening our judiciary. If there's a lacuna, this is the best time to correct it; although I don't see any lacuna here, it's black and white, very clear for everyone who has common sense to adjudge.

Lacuna or no lacuna,the AGF is not a court of law and cannot interprete any part of the constitution!! Only the higher courts can resolve this issue.No amount of federal power will foist a zombie as Governor.Uche Ogah will never be sworn in until the supreme courts rule on this matter.The abia state CJ has already interpreted section 143 of the elctoral actamAnyone not satisfied with that interpretation should approach the courts.

id911:
The matter is in court and it is the the court that will give the verdict to resolve the issue. Who gave the President and the AGF the power to resolve elections or pre-elections issues？Is the President now the court？

Which kind yeye news be this？abi una wan create confusion in abia state so that una go declear state of emergency in that state and put una stooge in power？

I am begining to think there is more to this Abia case than what we know. I hope Abians will unite and defend who they gave their mandate to

At this point, you supporters of Ikpeazu should be telling him the truth and not this emotional ranting. His legal team should do everything within their means to get a stay of execution order from the appeal court tomorrow. If not, there will be no valid reason for the CJ of Abia state not to swear in Ogah. If Ikpeazu doesn't want to go peacefully, the president will have no choice than to mobilise the security agencies to enforce the decision of the court and prevent the breakdown of law and order in the state. Abia politicians are the ones creating the chaos and confusion, stop trying to shift the blame elsewhere.

seunmsg:


At this point, you supporters of Ikpeazu should be telling him the truth and not this emotional ranting. His legal team should do everything within their means to get a stay of execution order from the appeal court tomorrow. If not, there will be no valid reason for the CJ of Abia state not to swear in Ogah. If Ikpeazu doesn't want to go peacefully, the president will have no choice than to mobilise the security agencies to enforce the decision of the court. Abia politicians are the ones creating the chaos and confusion, stop trying to shift the blame elsewhere.

I am not supporting anybody but rather want the case be resolved according to the law for peace to reign. The Appeal Court will be sitting to hear the case and possibly grant a stay of execution order tommorrow. So why is the AGF and the President such in a hurry to enforce it without waiting for the court？

ikpeazu all the way.... zombies shld mild their business

seunmsg:


At this point, you supporters of Ikpeazu should be telling him the truth and not this emotional ranting. His legal team should do everything within their means to get a stay of execution order from the appeal court tomorrow. If not, there will be no valid reason for the CJ of Abia state not to swear in Ogah. If Ikpeazu doesn't want to go peacefully, the president will have no choice than to mobilise the security agencies to enforce the decision of the court and prevent the breakdown of law and order in the state. Abia politicians are the ones creating the chaos and confusion, stop trying to shift the blame elsewhere.

Lolz the president will order the IGP to swear in ogah lolz that will be the joke of the century.

Uche Ogah will never be Governor unless he is sworn in by the abia state CJ

id911:


I am not supporting anybody but rather want the case be resolved according to the law for peace to reign. The Appeal Court will be sitting to hear the case and possibly grant a stay of execution order tommorrow. So why is the AGF and the President such in a hurry to enforce it without waiting for the court？

Uche Ogah's case is very weak.He stands no chance of winning at the supreme court and they know this hence the desperation.

id911:


I am not supporting anybody but rather want the case be resolved according to the law for peace to reign. The Appeal Court will be sitting to hear the case and possibly grant a stay of execution order tommorrow. So why is the AGF and the President such in a hurry to enforce it without waiting for the court？

In my opinion, I don't think the president is in any hurry to enforce any decision. So far so good, the president has said nothing officially on the matter but I am sure he's observing the situation of things. I hope a stay of execution order can be obtained early tomorrow morning, if not, the president may have to act to prevent a complete breakdown of law and order in the state.

seunmsg:



In my opinion, I don't think the president is in any hurry to enforce any decision. So far so good, the president has said nothing officially on the matter but I am sure he's observing the situation of things. I hope a stay of execution order can be obtained early tomorrow morning, if not, the president may have to act to prevent a complete breakdown of law and order in the state.

Is there breakdown of law and order in abia now? How exactly can the president act to avoid breakdown of law and order?

Some persons [wailers] will still blame the political unrest on Buhari their hatred for the President is beats my imagination.

kcnwaigbo:


Is there breakdown of law and order in abia now? How exactly can the president act to avoid breakdown of law and order?

Wait till Ikpeazu fails to obtain a stay of execution order tomorrow and see if Ugah and his supporters will not mount serious protest to demand for his swearing in. You think Ugah will just go and sit down and do nothing right? Wait until he writes to all the banks in the state to stop honouring cheques signed by Ikpeazu thereby hampering the business of governance. His supporters will bring the state to a standstill and confusion will be the order of the day.

I hate NL debates, most times you don't know the difference between those that don't know but wants to learn, those that knows but feigned ignorance and those that are outrightly stupeed.
Even when you quote sections of law to back up your arguments they attack with emotions, with tens of them awaiting admission.
Such a pathetic state for a nation to find herself.

the governor should be allowed to appeal the judgement within the speculated time before the execution of the judgment after all all legal means must be exhausted before the governor vacate his sit as directed . this is democracy.

Following carefully

nex:
President Muhammadu Buhari is awaiting legal advice from the Attorney-General of the Federation, Mallam Abubakar Malami (SAN) on the governorship tussle in Abia State, The Nation gathered last night.



Malami, is cutting short his trip to Saudi Arabia for lesser Hajj and may return to the country tomorrow in connection with the development.

In the meantime, the president has ordered security agencies to ensure that there is no breakdown of law and order with three persons now laying claim to the governorship seat.

Dr. Uche Ogah who was issued a certificate of return by the Independent National Electoral Commission (INEC) on the order of a Federal High Court, Abuja for the purpose of assuming office as governor has described the refusal of Chief Judge Theresa Uzoukwu to swear him in as an affront on the rule of law.

The stalemate took a twist yesterday after one of those who contested the PDP governorship ticket in the state in December 2014, Sir Friday Nwosu, declared yesterday that he, and not Ogah, should replace Governor Okezie Ikpeazu.

Nwosu, like Ogah, has filed a suit in court accusing the governor of forging his tax documents.

The Nation learnt that security agencies have extracted a commitment from Governor Ikpeazu and Dr. Ogah to sheath their swords until there is a legal opinion on the confusion in the state.

A top government source said: “The President is awaiting legal advice from the Attorney-General of the Federation and Minister of Justice who has been away to Saudi Arabia for the lesser Hajj.

“In line with his commitment to the Rule of Law, there is nothing the President can do without a legal opinion.

“The AGF is expected back in the country on Monday and from then we may get a legal opinion on the situation in the state.”

Another source said the President had taken appropriate steps to prevent a breakdown of law and order in the state.

The source said: “All security agencies have been ordered to beef up security and prevent acts capable of causing unrest and breaches in the state.

“In line with the directive, security agencies have extracted commitment from Ikpeazu and Ogah that they will not take the laws into their hands. This was why the state Director of DSS had audience with Ogah on Thursday. The sitting governor has also given assurance to continue to ensure peace in the state.’

Ogah’s Special Adviser on Public Communications, Monday Onyekachi Ubani said yesterday in Abuja that Justice Uzoukwu’s action was capable of undermining the peace and stability of the state.

He rubbished the stay of execution which Ikpeazu said he obtained against the verdict of the FHC Abuja asking him to vacate office, as a black-market injunction that has no force of law.

His words: “In a pre-election matter, the enforceability of a court judgment is immediate as the losing side in the legal argument, in this case, 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.

“The court having found that the information Ikpeazu supplied about his tax payments was all false, ruled that he was not qualified to have participated in the primary election of PDP in December 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, Ikpeazu was asked to vacate his seat while the certificate of return should be issued to 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 judgment of the Federal High court by issuing Dr Ogah with the certificate of return”.

He dismissed the injunction granted Ikpeazu stopping the swearing in of Ogah.

He said:”I am not ignorant of the black market injunction allegedly obtained by 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 judgments 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 judgment”.

“Failure or delay to swear in Ogah 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.

“Ikpeazu has been duly removed as Abia state Governor and not the amount of legal shenanigans and illegal public holidays will derail the law of the land taking full effect. 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 programs already lined up.”

However, one of the PDP governorship aspirants in the December 2014 primaries, Sir Friday Nwosu, yesterday faulted the judgment of the Federal High Court, Abuja, which sacked Ikpeazu and declared Dr. Uche Ogah as governor.

Nwosu who is also challenging in court the validity of the tax papers submitted by Ikpeazu for the election said he was the rightful candidate of the party.

The suit is being heard by Justice A.I. Alagoa of the Federal High Court, Owerri.

Nwosu who spoke in a telephone interview with journalists stated that the court erred in law when it declared Ogah as governor since he (Ogah) refused to accept the result of the December 8, 2014 PDP primaries and thereafter petitioned the national leadership for a rerun of the exercise.

Nwosu said: “The judgment is in error and cannot stand judicial scrutiny. Dr. Uche Ogah should not be allowed to benefit from an exercise he totally condemned by refusing to sign the result and petitioning the party to conduct another primary election.

“He should wait for the rerun of the PDP primaries which he prayed for in his petition to the party. In the eyes of the law, Dr. Okezie Ikpeazu and Sir Friday Nwosu, were the only candidates who ran for the party primaries. Since Dr. Okezie Ikpeazu has been disqualified, I remain the lawful candidate of the PDP and ought to be declared governor.

“Again, the PDP in its Constitution recognizes zoning of political offices. The 2015 governorship position was rightly zoned to Abia South in the spirit of justice and equity. Since Dr. Uche Ogah is a member of the PDP, he must abide with the decisions of the party. Therefore, he cannot emerge from behind to shortchange the people of Abia South.”

He said he has appealed the verdict and urged his teeming supporters across the state to remain law abiding, adding that justice would be served on his petition which is being heard by the court.

Source>>>http://www.barbaric.com.ng/president-buhari-awaits-legal-advice-agf-abia-state/

tuale4u:


There is a lacuna. Hence AGF action is required.

goodmorning bro, please i'm sorry for intruding for what i come with doesnt tallies with the discuss here. Bro, please i wish to solicit for your support and vote for my humble self in Mr Nairaland 2016. I will be the happiest dude if you find me plea worthy to be noddled in the affirmative.

KINGinVAHALA:

goodmorning bro, please i'm sorry for intruding for what i come with doesnt tallies with the discuss here. Bro, please i wish to solicit for your support and vote for my humble self in Mr Nairaland 2016. I will be the happiest dude if you find me plea worthy to be noddled in the affirmative.

Oga why you no on light for whatsapp na abi u sef don dey smoke market like BiafraBushBoy .