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Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) - Politics - Nairaland

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Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by umunna(f): 6:14am On Jul 09, 2016
Let me explain what happened in courts today so you won't be misled

Fed High Court Abuja

At Justice Abang's court, the legal team of Govenor Okezie went there with one objective: remove the matter from the judge and hand it over to the appeal court. They got that.

Of course nobody expected Justice Abang to rule on the stay of execution motion before him when he has taken judicial note of the processes going to the superior Appeal court.

Likewise, Abang cannot rule on the motion by Ogah to vacate the ruling of Abia High court stopping his swearing in. (Note that he and his supporters previously created the impression that the Abia High Court ruling does not matter.) Yet they went to Abang's court and tried to vacate a "useless" order. I dey laugh o.

Summary of events at Abang's court: "as you were" before today remain like that until Appeal court handle the matter.

Of course that aligns with my previous position that in the face of conflicting ruling by two courts of equal powers only the Appeal Court can break the tie at this time and the Chief Judge of Abia is legally in order to choose which conflicting order of court to obey.
She chose to obey the Abia High Court ruling that was served to her earlier. End of discussion.

Owerri Federal High Court.

That court made nonsense of the claim that Governor Ikpeazu forged his tax clearance certificate. That court is exactly same with Abang's court in all material particular in law. He also pronounced Okezie validly elected governor of Abia state.

The plaintiff was FN Nwosu

Now some might try to mislead you that the issues were different because Abang focused on false information while Allagoa ruled on forgery of tax certificate.

Ignore the sophistry.

False information, based on Abang's ruling, arose from Governor Okezie copying out data in his tax clearance form and swearing them to be correct to the best of his knowledge in his PDP nomination form. If you find that his tax clearance certificate was validly issued by the tax authorities (BIR) then you cannot accuse him of giving false information. He gave information supplied by those who should supply it.

End of discussion.

Osisioma High Court

The court gave an initial order that was valid for 10 days. What they did was to extend the order not to swear in Ogah for another 10 days. As long as this order subsists Uche Ogah cannot be validly sworn in.

The only authority that can change that is the Appeal Court. If the appeal court rule that the order from Abang should be enforced immediately the Chief Judge must follow that order because it is coming from a superior court to Abang, Allagoa and Ahuchaogu' courts.

But the appeal court will never give an order that destroys the RES of a matter before them. That will amount to judicial suicide. It is also judicial common sense 101 and Governor Ikpeazu's team knew that and hence decided to arrest the decision of Abang whom they have no confidence in.

The Appeal court will naturally rule to grant stay of execution pending when they will examine the appeal and rule. No brainer.

Umuahia High Court

This court also have same powers as the other two high courts. The difference is that the applicant at that court was PDP as a political party. Not Governor Okezie that approached the Osisioma High Court.

PDP asked the court to stop Ogah from being sworn in as Governor and the court granted the order. They also stopped the chief judge, president of customary court, DSS and co from acting in anyway to swear in Ogah.

Summary
1. Only the Supreme Court can decide who will be Governor of Abia State because whoever loses at the key Appeal court will likely go on appeal to the Supreme Court.

This is exactly the demand I have always made: allow the judicial process to be exhausted up to the Supreme Court and do not attempt a coup in Abia.

2. Governor Okezie Ikpeazu remains the Governor of Abia state unless the Supreme Court decides against him. He is the only duly sworn in person and what Uche Ogah collected from INEC is of no value till after the Supreme Court has ruled.

In fact once Appeal Court grants stay of execution INEC is duty bound to look for Uche Ogah with same speed and haste to retrieve the Nwaorukwu "wonder" certificate.

I pity Lawrence Nwaorukwu and INEC chairman because Uche Ogah will not be easy to find then. Never mind why....

*I invite lawyers to contradict my illiterate legal interpretation of the rulings today. I will read and learn or make puuuuuu.

Lele ndi certificate of certificate of return na certificate of travel!

Mtscheew!

JOK

9 Likes

Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by MyX1: 6:22am On Jul 09, 2016
Uche Ogar should immediately hand over that certificate of return to any Chisco driver coming to Abuja "immediately" as the Inec commissioner will be waiting at Chisco park Abuja to pick it up......signed INEC publicity secretary.

13 Likes 1 Share

Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by Nobody: 6:27am On Jul 09, 2016
Who cares?

1 Like

Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by IstandWitBuhari: 6:29am On Jul 09, 2016
Ok
Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by bonechamberlain(m): 6:31am On Jul 09, 2016
Na wa for this country, this abang needs to be looked into by the NJC.

1 Like

Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by CJERRYEMILEX(m): 6:40am On Jul 09, 2016
@Op your Legal analysis is the true reflection of happenings on ground Kudos

5 Likes

Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by Nobody: 6:52am On Jul 09, 2016
Who your analysis epp? Mtchew!

1 Like

Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by Redoil: 6:53am On Jul 09, 2016
Apc and buhari have been looking for ways to remove south east governors for keeping quiet on biafra must go issue.
Tinubu and Buhari want to impose their stooge on the people

2 Likes

Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by Gboliwe: 7:02am On Jul 09, 2016
This helps my myopic understanding of all the rulings. It was already beginning to be confusing.
Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by FagsamPHP(m): 7:06am On Jul 09, 2016
k

1 Like 1 Share

Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by adioolayi(m): 7:31am On Jul 09, 2016
Redoil:
Apc and buhari have been looking for ways to remove south east governors for keeping quiet on biafra must go issue.
Tinubu and Buhari want to impose their stooge on the people

You are right... Oponu

5 Likes

Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by Caseless: 7:43am On Jul 09, 2016
I think ogah would win at the end of it all.

1 Like

Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by AngelAhnie(f): 7:47am On Jul 09, 2016
Caseless:
I think ogah would win at the end of it all.
Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by Adewole69: 7:52am On Jul 09, 2016
umunna:
Let me explain what happened in courts today so you won't be misled

Fed High Court Abuja

At Justice Abang's court, the legal team of Govenor Okezie went there with one objective: remove the matter from the judge and hand it over to the appeal court. They got that.

Of course nobody expected Justice Abang to rule on the stay of execution motion before him when he has taken judicial note of the processes going to the superior Appeal court.

Likewise, Abang cannot rule on the motion by Ogah to vacate the ruling of Abia High court stopping his swearing in. (Note that he and his supporters previously created the impression that the Abia High Court ruling does not matter.) Yet they went to Abang's court and tried to vacate a "useless" order. I dey laugh o.

Summary of events at Abang's court: "as you were" before today remain like that until Appeal court handle the matter.

Of course that aligns with my previous position that in the face of conflicting ruling by two courts of equal powers only the Appeal Court can break the tie at this time and the Chief Judge of Abia is legally in order to choose which conflicting order of court to obey.
She chose to obey the Abia High Court ruling that was served to her earlier. End of discussion.

Owerri Federal High Court.

That court made nonsense of the claim that Governor Ikpeazu forged his tax clearance certificate. That court is exactly same with Abang's court in all material particular in law. He also pronounced Okezie validly elected governor of Abia state.

The plaintiff was FN Nwosu

Now some might try to mislead you that the issues were different because Abang focused on false information while Allagoa ruled on forgery of tax certificate.

Ignore the sophistry.

False information, based on Abang's ruling, arose from Governor Okezie copying out data in his tax clearance form and swearing them to be correct to the best of his knowledge in his PDP nomination form. If you find that his tax clearance certificate was validly issued by the tax authorities (BIR) then you cannot accuse him of giving false information. He gave information supplied by those who should supply it.

End of discussion.

Osisioma High Court

The court gave an initial order that was valid for 10 days. What they did was to extend the order not to swear in Ogah for another 10 days. As long as this order subsists Uche Ogah cannot be validly sworn in.

The only authority that can change that is the Appeal Court. If the appeal court rule that the order from Abang should be enforced immediately the Chief Judge must follow that order because it is coming from a superior court to Abang, Allagoa and Ahuchaogu' courts.

But the appeal court will never give an order that destroys the RES of a matter before them. That will amount to judicial suicide. It is also judicial common sense 101 and Governor Ikpeazu's team knew that and hence decided to arrest the decision of Abang whom they have no confidence in.

The Appeal court will naturally rule to grant stay of execution pending when they will examine the appeal and rule. No brainer.

Umuahia High Court

This court also have same powers as the other two high courts. The difference is that the applicant at that court was PDP as a political party. Not Governor Okezie that approached the Osisioma High Court.

PDP asked the court to stop Ogah from being sworn in as Governor and the court granted the order. They also stopped the chief judge, president of customary court, DSS and co from acting in anyway to swear in Ogah.

Summary
1. Only the Supreme Court can decide who will be Governor of Abia State because whoever loses at the key Appeal court will likely go on appeal to the Supreme Court.

This is exactly the demand I have always made: allow the judicial process to be exhausted up to the Supreme Court and do not attempt a coup in Abia.

2. Governor Okezie Ikpeazu remains the Governor of Abia state unless the Supreme Court decides against him. He is the only duly sworn in person and what Uche Ogah collected from INEC is of no value till after the Supreme Court has ruled.

In fact once Appeal Court grants stay of execution INEC is duty bound to look for Uche Ogah with same speed and haste to retrieve the Nwaorukwu "wonder" certificate.

I pity Lawrence Nwaorukwu and INEC chairman because Uche Ogah will not be easy to find then. Never mind why....

*I invite lawyers to contradict my illiterate legal interpretation of the rulings today. I will read and learn or make puuuuuu.

Lele ndi certificate of certificate of return na certificate of travel!

Mtscheew!

JOK


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Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by GoldenJAT(m): 8:02am On Jul 09, 2016
Apt analysis!

1 Like

Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by Pabloosas(m): 8:36am On Jul 09, 2016
MyX1:
Uche Ogar should immediately hand over that certificate of return to any Chisco driver coming to Abuja "immediately" as the Inec commissioner will be waiting at Chisco park Abuja to pick it up......signed INEC publicity secretary.
lol...night bus would be better; so you can pick it in the morning cheesy

2 Likes 1 Share

Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by sekundosekundo: 8:41am On Jul 09, 2016
MyX1:
Uche Ogar should immediately hand over that certificate of return to any Chisco driver coming to Abuja "immediately" as the Inec commissioner will be waiting at Chisco park Abuja to pick it up......signed INEC publicity secretary.

Let him return it himself to enable him collect certificate of SHUT UP.

3 Likes 1 Share

Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by ariy(m): 9:01am On Jul 09, 2016
whoever win in Appeal Court likely to win in supreme Court
Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by Redoil: 10:03am On Jul 09, 2016
adioolayi:

You are right... Oponu
ode oshi oni ranu jatijati
Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by idealistJoe(m): 10:38am On Jul 09, 2016
ogah doesn't want to admit to defeat undecided
Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by idealistJoe(m): 10:39am On Jul 09, 2016
Ogah doesn't want to admit to defeat undecided..and he's defeated
Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by kahal29: 10:49am On Jul 09, 2016
Mmmmmh
Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by DaBullIT(m): 11:09am On Jul 09, 2016
I am not interested
Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by attackgat: 12:26pm On Jul 09, 2016
I don't know why some people are giving themselves headache over this matter. The Governorship of Abia State is being decided in the law courts. Uche Ogah has a valid certificate of return because the courts have decided he proved his case. It is now left for Ikpeazu to approach higher courts such as the appeal or supreme courts to over turn the judgement.

However, Ikpeazu has a big problem. The tax records shown by Monday Ubani, Ogahs Lawyer, clearly shows that Ikpeazu's three year Tax statement is fraudulent. Tax clearance certificate is an annual thing not a one day thing. Ikpeazu should have been in possession of of all three Tax statements for each of the three preceding the election. He can't just get up go to the Tax office and demand his three year Tax clearance just because he wants to run for office, that is fraud. In some advanced countries like the US and UK, not doing your annual Tax clearance attracts an automatic fine and having a fraudlent Tax certificate can lead to jail time.

1 Like

Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by MadamExcellency: 2:14pm On Jul 09, 2016
attackgat:
However, Ikpeazu has a big problem. The tax records shown by Monday Ubani, Ogahs Lawyer, clearly shows that Ikpeazu's three year Tax statement is fraudulent. Tax clearance certificate is an annual thing not a one day thing. Ikpeazu should have been in possession of of all three Tax statements for each of the three preceding the election. He can't just get up go to the Tax office and demand his three year Tax clearance just because he wants to run for office, that is fraud. In some advanced countries like the US and UK, not doing your annual Tax clearance attracts an automatic fine and having a fraudlent Tax certificate can lead to jail time.

Civil/Public servants have no need of proving anything about tax certificate provided they can make available the originals of their payslips signifying monthly deduction of their taxes.

This case should've been between Abia State IRS and Uche Ogar/FN Nwosu to ascertain the origin of the tax clearance certificate.
Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by kahal29: 3:01pm On Jul 09, 2016
attackgat:
I don't know why some people are giving themselves headache over this matter. The Governorship of Abia State is being decided in the law courts. Uche Ogah has a valid certificate of return because the courts have decided he proved his case. It is now left for Ikpeazu to approach higher courts such as the appeal or supreme courts to over turn the judgement.

However, Ikpeazu has a big problem. The tax records shown by Monday Ubani, Ogahs Lawyer, clearly shows that Ikpeazu's three year Tax statement is fraudulent. Tax clearance certificate is an annual thing not a one day thing. Ikpeazu should have been in possession of of all three Tax statements for each of the three preceding the election. He can't just get up go to the Tax office and demand his three year Tax clearance just because he wants to run for office, that is fraud. In some advanced countries like the US and UK, not doing your annual Tax clearance attracts an automatic fine and having a fraudlent Tax certificate can lead to jail time.

Educate them my brother
Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by Jesusloveyou: 3:11pm On Jul 09, 2016
kahal29:
Mmmmmh
cant u see d op myopic analysis? this one na okrika judgement analysis, i just dey laugh from d sky.

1 Like 1 Share

Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by Jesusloveyou: 3:25pm On Jul 09, 2016
MadamExcellency:

provided they can make available the originals of their payslips signifying monthly deduction of their taxes.
This case should've been between Abia State IRS and Uche Ogar/FN Nwosu to ascertain the origin of the tax clearance certificate.
we are not after d originality of d paper, they can even print it with gold, but we are talking of the information in d paper, the information in d paper even implicate ikpeazu as tax defaulter for more than 3yrs

1 Like

Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by Marotzke(m): 4:03pm On Jul 09, 2016
Jesusloveyou:
we are not after d originality of d paper, they can even print it with gold, but we are talking of the information in d paper, the information in d paper even implicate ikpeazu as tax defaulter for more than 3yrs
This line of reasoning would have been tenable if Ikpeazu was a businessman or self employed professional. But he was a civil servant whose taxes were deducted at the point of paying his salaries. If there is any mistake it is the responsibility of Abia state internal revenue services.
Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by MadamExcellency: 4:07pm On Jul 09, 2016
Jesusloveyou:
we are not after d originality of d paper, they can even print it with gold, but we are talking of the information in d paper, the information in d paper even implicate ikpeazu as tax defaulter for more than 3yrs

Have you ever worked in government or organized public sector? If not please get lost and never quote my comment again.

Ordinary citizens go for annual tax while Civil/Public Servants pay per month through automatic deduction.

Secondly, Civil/Public Servants are no longer freely given or issued with tax clearance certificate at any given time unless on demand hence it is acceptable in bureaucratic setups to assume that any civil/public servant is tax compliant.

1 Like

Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by Caseless: 2:33pm On Jul 10, 2016
AngelAhnie:
.
you run away away and come back at will. Ann, how are u?
Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by AngelAhnie(f): 4:21pm On Jul 10, 2016
Caseless:
you run away away and come back at will. Ann, how are u?
I'm fine cassy, you are the run awaykiss

I miss you small grin

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