₦airaland Forum

blackpanda:
Story

Why didnt u fight for the seperation then?? You guys now want to seperate the office so that u can bully the AGF into dropping your case. Sorry it wont work! Face ur case in court

Hahaha

Mmmmmh...... Meanwhile

INEC fixes July 28th to conclude re-run elections in Okigwe

The rerun elections in the Imo North Senatorial District Constituency, Isiala Mbano State Constituency and Oru East State Constituency held on Saturday 23rd July 2016 in Imo State were declared inconclusive.

To this end, I am directed to inform you that the Commission has fixed Thursday 28 July 2016 for the make-up elections in the affected polling units and registration areas .

You are by this notice enjoined to visit INEC Office, Owerri on Monday 25th July 2016 to collect the details of the affected polling units and registration areas(wards)

ADELANI ASADE, For: Hon REC

http://www.imostateblog.com/2016/07/24/episode-3-inec-fixes-july-28th-to-conclude-re-run-elections-in-okigwe-etc/

Deputy President of the Senate, Senator Ike Ekweremadu, weekend, said former President Goodluck Jonathan frustrated efforts to separate office of the Attorney-General of the Federation from that of Minister of Justice by refusing to assent to the amendment that would have brought it about.

According to him, it is necessary to separate both offices, if Nigerians still desire that justice delivery must be strengthened in the country.

Ekweremadu, who disclosed this to journalists during a tour of the construction site of national headquarters of Nigeria Bar Association, NBA, Abuja, said the proposal to separate the two offices actually sailed through during the last amendment, but did not see the light of the day because the Forth Alteration Bill containing it was not assented to by Jonathan.

He explained that the separation of the two offices would make whoever was appointed the AGF to work for the people and not necessarily the government in power as a cabinet minister, saying that would ensure access to justice by citizens, devoid of any external influence.

When separated, AGF will work for the people

Ekweremadu said: “I believe in the separation of the two offices. I go for it any time, any day. This is because it will guarantee financial independence, security of tenure, and make the holder of the office of the Attorney-General at the state and federal levels to be autonomous in thinking and approach to the idea of justice.

“It will ensure that citizens have access to justice, since the officer will not be dictated to by any external interest or influence.

“During the last constitution amendment, we (members of the Senate Committee on the Review of the 1999 Constitution in the 7th National Assembly) recommended it to our colleagues, based on inputs from Nigerians, and they graciously adopted it.

“Unfortunately, the last President did not sign it. Although, we will be looking at all the issues again, the decision on the separation, or any other issue for that matter, will depend on what other colleagues and Nigerians would think. But as a person, I strongly believe in it.”

It would be recalled that the National Conference Standing Committee on Law, Judiciary and Human Rights had in April 2014 during the National Conference, adopted a recommendation for the separation of the office of Minister of Justice and Attorney-General of the Federation.

Deputy Chairman of the committee, Prof Auwalu Yadudu, who made this known then, had said the recommendation was to ensure the independence of the office of the Attorney-General from political influence.

According to him, the two offices should not be occupied by an individual in order to ensure justice.


http://www.vanguardngr.com/2016/07/jonathan-frustrated-move-separate-agfs-office-justice-ministers-ekweremadu/

FagsamPHP:
Because it's PMB money? These Zombies sha

You are pained with this news

The Federal Account Allocation Committee (FAAC), says on Thursday it distributed the sum of N559.032 billion to the three tiers of government.

This makes it highest allocation since the APC led administration of President Muhammadu Buhari took over power 12 months ago.

The Excess Crude Account (ECA) has also increased from $2.61b to $3.094 billion.

Minister of Finance and Chairman of FAAC, Mrs. Kemi Adeosun, who chaired the meeting said that the gross statutory revenue of N538.788 billion received for the month was higher than the N237.466 billion received in the previous month by N301.322 billion.

She attributed the improvement in the revenue to the non oil sector especially the Federal Inland revenue (FIRS) which she said has increased its collection by N165 billion as well as the Nigerian Customs Service.

Giving the breakdown of the distributed figures, the Federal Government received a total of N209.46 billion inclusive of its 52.68 percent and 15 percent Value Added Tax (VAT).

The State government received a total sum of N133.671 billion VAT inclusive while the Local Government Councils got the sum of N100.759 billion VAT inclusive.

According to the Minister, Crude oil export volume increased by 1.9 million barrels in March, 2016 despite the subsisting Force majeure declared at Forcados Terminal, Shut-in and Shut down of pipelines at other terminals due to leakages, vandalism and turn around maintenance.

The average price of crude oil increased from $32.26 in February to $38.64 in March, 2016 resulting in $92.99 million increase in Federal Export Revenue.

There was an outstanding increase in Companies income Tax (CIT) and Petroleum Profit Tax (PPT) with complementary increase in Import Duty and royalties.

The sum of N6.330 billion was refunded by NNPC to Federal Government of Nigeria, while N9.923 billion Solid Mineral Revenue generated from 2007 to 2014 was also distributed.

Also there was exchange gain of N79.272 billion which was proposed for distribution.

https://dailytimes.ng/faac-fg-states-lgas-share-n559-032b-june-eca-rises-3-094b/

Saraki you see your life....... This is what you should have done since but you were busy forming King Kong.... You see why Dogara is a better politician than you. You wanted to win and have it all but you forgot that politics is about give and take. You were busy following Dino and Co....

THE lingering governorship crisis in Abia State took another dimension with a lawsuit asking the Federal High Court to stop the monthly revenue allocation to the state from the federation account pending the time a valid and lawfully recognised governor assumes office.

The suit filed by an Abuja-based legal practitio­ner, Darlington Ozurumba and marked FHC/ABJ/ CS/483/2016 listed the Honourable Minister of Finance, Accountant –General of the Federation, Revenue Mobilization Allocation and Fiscal Com­mission and the Attorney-General of the Federation as the defendants.

The plaintiff who posed four questions for de­termination by the court is also seeking an order restraining the defendants either by themselves, officials, agents, servants or by whatsoever name called, from making further releases of the month­ly allocation from the federation accounts to Abia State pending the time a valid and lawful recog­nized governor takes charge in the state.

In addition, the plaintiff asked the court for an order of injunction restraining any person from pre­senting himself for the release of funds or revenue from the federation accounts to Abia State pending the time a valid and lawfully recognized governor is the Sate.

In an 18-paragraph affidavit in support of the originating summon, the plaintiff averred that there is a valid judgment of the Federal High Court Abuja that sacked Governor Ikpeazu from office.

http://sunnewsonline.com/guber-crisis-lawyer-urges-court-to-stop-abias-monthly-allocation/

Mods make una do the needful nah. Lalasticlala take note

MadamExcellency:
What a stupid explanation.

The tax certificate doesn't originate from the payee hence the information is true to the best of his knowledge at the point of submission.

Civil/Public Servants pay tax installmentally in advance (before the year ends)

You are still banking on this line of thought....? Agreed that the tax certificate didn't originate from him but did he read it before signing them or are you saying he signed them without even going through it? An executive Governor to be?

Thanks for this clarification by the Chief Registrar of the federal high court.They rejoiced too soon and wanted to confuse us but very soon it will be Going Going....... Goneeeeeee

kahal29:
O se ti go... See them..... One of the concerned elders in Abia supporting Ikpeazu and Chairman Abia State elders council of looting and Federal allocation sharers

Evil men

But why were they celebrating yst as if they have won everything? Their online masters twisting facts up and down.....

*Refuses PDP’s motion for stay of execution

*Insists on Ikpeazu’s sack

*Judge slams Ikpeazu over Abia court’s order

Justice Okon Abang of the Federal High Court, Abuja on Friday upheld the certificate of return issued to Sampson Ogah as the Governor of Abia State by the Independent National Electoral Commission (INEC).

The judge also refused an application by the Peoples Democratic Party (PDP) for stay of execution of its judgment sacking the incumbent Governor, Okezie Ikpeazu.

He described as an abuse of court process, the two applications for stay of execution filed by the PDP, and proceeded to dismiss them.

The judge berated Ikpeazu for going before the Abia State High Court, Osisioma to obtain an ex-parte order, with the intention of frustrating the execution of the judgment of his court.

Justice Abang spoke while delivering two rulings on Friday in relation to the applications by Ikpeazu and his party, the PDP for the stay of execution of the court’s judgment in the suit marked: FHC/ABJ/CS/1086/2014 and filed by a PDP member, Obasi Uba Eleagbara.

The proceedings lasted about seven and half hours, from 9am to 4:30pm.

The court had on June 27 gave two judgments sacking Ikpeazu on the ground that he was not qualified to contest the last PDP primary election in the state having made false representation about his tax status to INEC. The suits were the one by Eleagabara and Sampson Ogah.

When the case by Eleagbara was called, Ikpeazu’s lawyer, Wole Olanipekun (SAN) told the court that he was not ready to argue the application for stay of execution filed on behalf of his client.

Olanipekun sought an adjournment on the ground that he was new in the case and had not studied the application.

But, lawyer to the plaintiff, Alex Iziyon objected to an adjournment and insisted that the application must be argued.

On sensing that the judge was inclined to hearing the application, Olanipekun applied to withdraw the application. Iziyon did not object to Olanipekun’s application to withdraw, but told the judge to dismiss the application.

Ruling, Justice Agang noted that having taken steps to circumvent the execution of the court’s judgment, the court could no longer indulge.

Him “Dr. Ikpeazu slapped the court in the face; went to a different court that is of coordinate jurisdiction and obtained another ex parte order that has the effect of neutralising the order of this court.

“He slapped the court in the face, he cannot expect the court to grant him an indulgence. I so hold.

“You cannot flout an order of court and expect the court to listen to you and grant you a discretionary indulgence. It is a serious matter to slap a court,” the judge said.

While dismissing the applications for stay of execution by the PDP, Justice Abang said the party’s decision to file two application at the same time was an abuse of court process.

He said: “The judgment of this court was given in favour of Dr. Sampson Ogah. One of the orders directed the PDP to forward the names of the person with the second highest votes at the PDP primary, Okezie Ikpeazu having been disqualified from contesting the primary, to INEC as the party’s candidate for the election.

“The order made against Ikpeazu was rightly made. It subsists until it is set aside on appeal.

“There is no issue of stay of execution. The judgment having been enforced by INEC, there is nothing to stay.

“The judgment has been executed, certificate of return has been issued in favour of Ogah as Governor of Abia State.

“There is no evidence that the motion for stay was served on INEC before it issued the certificate of return. Therefore, INEC lawfully issued the certificate of return to Ogah, which was issued in compliance with the orders of the court,” Justice Abang said.

The judge awarded N40,000 cost against PDP to be paid to Ogah before it could take any further steps in the case.

Earlier in relation to the case by Ogah, the judge elected to suspend further proceedings on the application for stay of the judgement in the case filed by Ikpeazu.

The judge said his decision to stay further action in the case pending appeal, was informed by the concession by Iziyon that the appeal filed against the judgment had been entered at the Court of Appeal and that records of appeal had been complied.

The judge said he would have proceeded to hear the applications pending before his court, including the one by the Ogah, which sought to set aside the order made the Osisioma High Court, but for the concession of Iziyon that the appeal having been entered, the trial court should stay all actions.

Justice Abang, who drew a distinction between when a trial court could or could not stay proceedings because appeal had been entered at the Court of Appeal, said where it was an appeal against a final judgment, the trial court has the jurisdiction to hear an application for stay of execution.

He relied on the provision of Order 7 Rule 3 and 4 of the Court of Appeal Rules to hold that a trial court could only stay proceedings where an appeal is entered at the Appeal Court if such an appeal was on an interlocutory decision.

Justice Abang further held that where the decision appealed against was a final judgment of the trial court, such a court has the jurisdiction to first determine an application for stay of execution before such application is filed at the appellate court where the trial court refuses it.

http://thenationonlineng.net/abia-court-upholds-inecs-issuance-certificate-return-ogah/

Chiboboski:
In fact this Owerri case is good news to Uche Ogah because Nwosu if he had won would create confusion in our jurisprudence. The Abuja high court has the ace for now and only appellate court can upturn its judgement.

Am happy too cos the NWOSU case wanted to spoil show for Ogah but thank God is out of the way now. This case is just like election petition case where the loosing parties all sue the winning party but at the end of the day only one one loosing party may win

Justice Okon Abang of a Federal High Court in Abuja on Friday refused to hear Abia State Governor, Okezie Ikpeazu’s application for stay of execution of the June 27 judgment of the court removing him (Ikpeazu) as governor.

The judge instead directed Ikpeazu and Uche Ogah, who are both claiming to be the legitimate Governor of Abia State to go before the Court of Appeal for the resolution of the stalemate in the state.

He directed that Ikpeazu and Ogah, who was ordered to be issued fresh Certificate of Return in the June 27 judgment , should go to the Court of Appeal to argue the motion for stay of execution.



This he said was because the lawyers to the two of them (Ikpeazu and Ogah) had argued that he (the judge) no longer had jurisdiction to hear the motion.

http://punchng.com/breaking-abia-justice-abang-refuses-hear-ikpeazus-application/

Mr Governor you don't know God. If you knew God you would be paying workers salaries. Are you aware that civil servants in your state are being owed for 5 months? The God I serve is a merciful and just God. He does not vindicate people like you but brings them to judgment.

TonyeBarcanista:
He should relinquish power jare

Tonye that is the greatest miracle that will happen in that state. Abians are tired of him cos they have really suffered in his hands. The only people happy with his administration are those who are benefiting from him and those elders listed above who are fighting to protect their monthly grants and allowances.

Am not surprised cos the man is capable of anything. Like I said in another thread - - -

This evil man wants to finish my parents who are civil servants in his state. Since he came in as Governor he has not used his monthly allocation to pay salaries. What he does with it..... Only God knows. My parents are being owed 5 months salary and the thing is seriously telling on me as I cannot save again. They were last paid in January and this is July and his praise singers thinks that it shall be well with him..... How can it be well with him? The ones he managed to pay was from the bailout money he got from FG since then nothing. If am lying against him maybe just to smear his name may God judge me but if not may God bring him to judgment and visit him with the kind of suffering he has caused my parents.

A group, Abia Elders, who say they are “the authentic elders of Abia State” have called for the immediate in­auguration of Dr Sampson Uchechukwu Ogah, who they described as “a man democratically accepted by Abians.”

The new set of Abia el­ders stated this in a nine-point communique, issued after an emergency meet­ing in Umuahia, Abia State capital.

Led by the traditional Prime Minister of Ibeku­land, Chief Uche Akwuk­wuegbu, those who attend­ed include traditional prime ministers from other parts of the state, titled chiefs, com­munity leaders and village heads of all the autonomous communities across Abia.

They stated that they had extensively and exhaustively analysed the political situ­ation in Abia and frowned at the negative reaction of some reactionary forces who went to Abuja to con­demn the judgment of the court.

They dismissed the Sena­tor Adolphus Wabara-led Abia Concerned Elders, “who went to Abuja against the will of the people of Abia, saying they are yet to queue behind the Presi­dent Muhammadu Buhari Change mantra.

“This forum would not have responded to them if not for the falsehood, distor­tion of facts and misleading effect it would have on the people.

“We are the true authen­tic elders and true represen­tatives of the people of God’s own state and we condemn in its entirety the purported meeting they held in Abuja in the name of Abia elders,” they stated and added that “their resolution does not, in any way, reflect the reality on the ground.”

They stated that the true position of things in Abia is that all Abians, male and female, young and old, ir­respective of clan, religion and political group are yearning for Dr Uchechuk­wu Sampson Ogah as their governor, hence, the hi­larious and wild celebration that was witnessed in streets and villages when his victory was announced.

Also, Mr Monday Ubani, a lawyer has said Ogah’s vic­tory is valid, not an ambush and that he should be sworn in immediately without de­lay as pronounced by the court. Ubani told newsmen yesterday in a press confer­ence in Lagos.

He said the matter was instituted two years ago but because the team of Mr. Okezie Ikpeazu explored all forms of legal technicalities to delay the case, it lingered till 2016.

Also yesterday, Abia In­terest Group called for the immediate sack of Chief Lawrence Nwuruku, Inde­pendent National Electoral Commission (INEC) com­missioner for the South East over what it described as his role in the current crisis sur­rounding the governorship seat of the state.

Nwuruku was the INEC commissioner who present­ed a Certificate of Return to Ogah, based on the ruling of a Federal High Court which declared him the authentic candidate of the Peoples Democratic Party (PDP) for Abia, instead of Dr. Okezie Ikpeazu, in the 2014 gover­norship priamry in the state.

http://sunnewsonline.com/another-set-of-abia-elders-back-ogah/

Kelechi2020:
You made a lot of sense in your statements...

LOL. This evil man wants to finish my parents who are civil servants in his state. Since he came in as Governor he has not used his monthly allocation to pay salaries. What he does with it..... Only God knows. My parents are being owed 5 months salary and the thing is seriously telling on me as I cannot save again. They were last paid in January and this is July and his praise singers thinks that it shall be well with him..... How can it be well with him? The ones he managed to pay was from the bailout money he got from FG since then nothing. If am lying against him maybe just to smear his name may God judge me but if not may God bring him to judgment and visit him with the kind of suffering he has caused my parents.

“If Ikpeazu is convinced about the rightness of his cause, he should vacate the seat, plead his case in a court of law and when granted victory come back rather than resort to propaganda,” Ubani said."

The above is the same thing I was saying in another thread that he was lamenting of being denied his fundamental right of appeal.

sweatlana:
Waiting patiently for the Supreme Court to throw this bastard out!

Bt then 2019 will be around the corner

Icecomrade:

Maybe some people understand their rights. Some are not Cowards. And choosing not to succumb to cowardice does not mean they want to use government fund to pursue appeal.

The judgment is faulted and should not be allowed to hold sway. Thats promoting impunity.
It's only a court of final jurisprudence that can issue such order.

Appeal is a constitutional right available to you and Ikpeazu. You cannot excute a judgement that is heard on appeal.

So try a little to hide your ignorance when next you want to react to headlines on Nairaland
Ewu

You called me Ewu cos I told you the truth which hurts. See, you are part of the people deceiving the Governor. Ikpeazu has a very bad case and the embattled Governor knows this and that is why he is trying to buy time to see if a miracle would happen and they grant him a stay of execution which will enable him remain on seat and be pursuing his case but who says he can't appeal from outside if he has a good case? What is he afraid of?

See, It was Justice Ogbuagu [JSC] who held thus:-

"It is settled that the fact that an Appellant has wonderful, substantial, impressive and arguable grounds of appeal is not a special circumstance for granting a stay. In other words, it is not every case where grounds of appeal raise point or points of law that Stay of Execution will be granted."

Like some said on this forum and quote verbatim


No court will deprive a judgment creditor the fruits of his Labour.

Meaning that if Ikpeazu thinks he will get a stay on monday as temporary relief then he should think again.

Like T.S Ogundaini. ESQ said

Normally, no court will want to grant a stay of execution as a matter of course and that is why an applicant seeking this discretion of the court in his favour must therefore show special or exceptional circumstances why the court must deprive a successful litigant, the fruits of his success---See the following cases SPDC v. Arlio-Joe (Nig.) Ltd. (2003) 1 NWLR pt 845 pg 19, Dada v. I.T.L (2005) 11 NWLR pt.936 pg 293

Secondly, A successful litigant (Ogah) is entitled to enjoy the benefits and reap the fruits of his judgment and nothing ordinarily should be done to obstruct this right. In the words of Niki Tobi , JCA (as he then was) in Lijadu v. Lijadu (1991) 1 NWLR (Pt. 169) 627 at 644, nothing should be done to make the victorious party leave the court in "victory" without victory.

Mr Governor you are not being denied anything. Are you not in court already? Did anybody stop you? Why are you being economical with truth? Why not say they want to deny you of Government funds to pursue your case at the Appeal? Why not tell the world that you want to remain on seat and be using state funds to pursue your case? Your fear is that you cannot live without state funds and allocation for now. It's so sweet that you are beginning to miss it already? By the way, when last did you pay salaries of civil servants ? Are you aware that civil servants are being owed 5months salaries? Are you also aware that civil servants in your state were last paid in January and this is July Mr Governor. Why are you so heartless Mr Governor? Last month allocation has just arrived and you want to waste it in court cases and political abracadabra? The God of Abians and your praise singers will not allow you do that........ He will rise on behalf of the poor masses and suffering civil servants in your state to deliver them from your hands and so see that you go to court from your house and not from Government house using state funds. If in the end you succeed you can come back to take your seat BUT FOR NOW - His Office Let Another Take.Acts 1:20

Political Avengers

Niger Delta Avengers Tuesday accused the All Progressives Congress, APC, of plotting to remove Governor Okezie Ikpeazu of Abia State and replace him with Uche Ogah, who is allegedly loyal to the party.

The militant group, which opened a new twitter, Tuesday, account after its previous account was shut down, Monday, said it was watching the development in Abia state.

On the shut down of its twitter account, it said: “U stop our account, you can’t stop our struggle.” It stated:”We will never back out of the struggle. The struggle continues.”

On the planned dialouge by the federal government, the group said: “We don’t need money from anybody for dialouge.” “The only way peace will reign in Nigeria is by referendum to determine the fate of Nigeria,” it reiterated. In a series of tweets Tuesday, the militant group also announced to its followers that it was back after the shutdown.

http://www.vanguardngr.com/2016/07/avengers-accuses-apc-plotting-remove-ikpeazu/

The political confusion over who is the rightful governor of the South-east state of Abia will endure at least untill Thursday, when the Federal High Court, Abuja, will give its ruling on the stay-of-execution order filed by embattled Okezie Ikpeazu.

The court on Monday fixed July 7 to rule on the application filed by Mr. Ikpeazu, whose election was annulled and certificate of return withdrawn.
Mr. Ikpeazu filed the stay-of-execution application days after the court sacked him from office for failing to pay his personal income tax as at when due.

Hearing the application on Monday, Justice Okon Abang declined to set aside his judgment, saying he would hear other applications on the matter on Thursday.

The counsel to Mr. Ikpeazu, Wole Olanikpekun, had asked the court to set aside the earlier order for a certificate of return to be given to Mr. Ogah.
But counsel to Mr. Ogah, Alex Izinyon, filed a counter-affidavit against Mr. Ikpeazu’s application for stay of execution.

Mr. Olanipekun then asked for time to look into the details of Mr. Izinyon’s argument in the counter-affidavit.

He also prayed the court to treat the matter without delay.

Justice Abang then fixed the next working day, July 7, to hear the application and other applications in the matter.

The Federal Government has fixed Tuesday July 5 and Wednesday July 6 as public holidays so Nigerian muslims can join their counterparts around the world for end-of-Ramadan festivities. July 7 is the next working day in the country.
Justice Abang had on June 27 sacked Mr. Ikpeazu as governor after the court found him guilty by of tax evasion.

Mr. Abang had, in that judgment, directed the Independent National Electoral Commission (INEC) to issue certificate of return to Mr. Ogah who came second in the primaries conducted by the Peoples Democratic Party in the state.
In a swift reaction to the judgment, Mr. Ikpeazu filed an appeal before the Appeal Court in Abuja. He also filed a motion for stay of execution of the judgment at the Federal High Court.

However in compliance with the court order, INEC issued Mr. Ogah a certificate of return on June 30, and he (Mr. Ogah) immediately headed to Abia to be sworn in as governor.

But an Abia State High Court hurriedly issued an injunction stopping the state’s chief judge or any other judicial official in the state from administering the oath of office on Mr. Ogah, pending the determination of the motion on notice at the Court of Appeal.

“Upon this motion ex-parte pursuant to section 143 (1) & (2) of the Electoral Act 2010 (as amended) and pending the determination of the motion on notice, after hearing O.O Nkume, counsel to the applicant,” Justice Chibuzo Ahuchaogu said.

“It is ordered that an order of injunction is hereby made restraining the 2nd defendant (INEC) from issuing a certificate of return to the 1st defendant (Ogah) while the claimant (Ikpeazu) remains in office in accordance with section 143 (1) & (2) of the Electoral Act 2010 (as amended) and pending the determination of the motion on notice.

“It is further ordered that the 3rd defendant (chief judge of Abia State) or any other judge of the court or any judiciary officer are hereby restricted from swearing-in the 1st defendant (Ogah) while the claimant (Ikpeazu) remains in office in accordance with section 143 (1) & (2) of the Electoral Act 2010 (as amended) and pending the determination of the motion on notice.”

The state has, consequently, remained without a clear leadership since Thursday.

http://www.premiumtimesng.com/news/headlines/206410-abia-remain-without-governor-till-july-7.html

HungerBAD:
At the end of the day.

Ikpeazu is a goner. Methinks he just bought some days,so as to clean as much cash as he can before leaving.

There are some fights you lose from the onset,this is one of those fights.

The Law is on Ogah's side on this.

This case doesn’t look good at all and the embattled Governor knows this and that is why they are trying to buy time to see if a miracle would happen.

See, It was Justice Ogbuagu [JSC] who held thus:-

"It is settled that the fact that an Appellant has wonderful, substantial, impressive and arguable grounds of appeal is not a special circumstance for granting a stay. In other words, it is not every case where grounds of appeal raise point or points of law that Stay of Execution will be granted."

*Says Chief Judge can’t be in hiding forever

*Adds, we have other alternatives if…

Barrister Monday Ubani, legal counsel to Governor-elect of Abia State, Dr. Uche Ogah, weekend, expressed dismay that the Chief Judge of Abia State, Justice Theresa Uzokwe, who ought to swear-in and administer oath of office to Ogah had gone into ‘hiding.’

Ubani, who addressed some select journalists in Lagos, said “the entire world is watching the delay tactics of Dr. Okezie Ikpeazu,” adding that “in the fullness of time Dr. Uche Ogah would be sworn in as the executive governor of Abia State, because the Chief Judge is not going to remain in hiding forever.”

Ubani, who disclosed that Ogah’s team of legal counsels were prepared for the task ahead, said, “if the Chief Judge continues to hide, we would explore other available alternatives to ensure that the right thing is done, which is swearing in Dr. Ogah as the executive governor of the Abia state.”

Genesis of legal battle

However, chronicling how the legal battle between Ogah and Ikpeazu started, Ubani said: “This issue came up as a result of the Primary of the Peoples Democratic Party which was held on December 8, 2014.

“My friend, and client, Dr. Uche Ogah and by the special grace of God the current governor of Abia State was a participant. He was manipulated out because the irregularities of that primary was glaring for all to see. Before we could start the Primary the delegates that were not supposed to be there were already inside the stadium. That irregularity produced Ikpeazu as the PDP candidate.

“But that was not the issue. The main issue all started when we sought to look at the documents presented by Dr. Okezie Ikpeazu which is a requirement of the law. The law says if you want to contest an election you must file in an affidavit, fill a form, disclose your educational qualification, your birth certificate and your tax papers. Now, the issue of tax is very critical. It is a constitutional requirement that if you want to contest an election in any political party you must have paid your tax for three years as at when due.

“Section 177(c) of the 1999 constitution says that a party must sponsor a candidate before he contests a general election. If a party don’t sponsor you, you can’t run for election. For that to happen, it means such a candidate must have complied with the guidelines of a political party before he is qualified to contest.

“But in Ikpeazu’s case, we went through his papers and discovered that he had lied. There were so many lies on the face of his tax papers. One of the things we discovered was that he was alleged to have started paying tax when he was not yet in the employment of the Abia State Government. Two, the serial numbers on his tax receipts were evidence of deception. The 2013 serial number showed as if it was the beginning of the tax payment, whereas, the 2011 receipt showed as if it was the last payment. The serial numbers were conflicting. The conflict showed that Ikpeazu had not paid his tax as at when due in accordance with the law.

“Third, was the issue of figures. Let us assume he was supposed to earn N500,000 per annum but in his tax papers, it was showing above N1million.

“He said his tax was being deducted at source. But the question is. If that was so, why the discrepancies in your taxable income. Is it not what he was earning, he should be taxed on. We found so many discrepancies in his tax certificate.

Why the case delayed

“And the law in Section 31 of the 2010 Electoral Act as amended gives a co-aspirant the opportunity to examine the documents of an opponent to validate whether he was qualified to contest for the primary election in the first place, because it is a pre-election matter. And if you find out in his disclosures and declarations that he has given a false or misleading information, the section guarantees you the right to apply to a Federal or State High Court for a redress. You also have the right to ask that that candidate be disqualified because he was not qualified in the first place to run for primaries.

“Section 31(6) says if such a candidate was found to have declared false information, he is liable to be disqualified by the court. When we found all that, we proceeded for Originating Summons, but they (Ikpeazu’s legal team) came up with the issue that the court has no jurisdiction. So, we had to trash it out at the Supreme Court. That was why time was wasted, because this matter would have been settled a long time ago.

“So, when the Supreme Court ruled that the lower court has jurisdiction to hear the case, we had to come down to the Federal High Court again to start all over.”

Allegations of bias

He added: “Ikpeazu’s team alleged bias against Justice Adeniyi Ademola that he has been compromised and all manner of frivolous allegations. So, the Justice said, ‘look I hands off the case, I don’t want anything that will tarnish my image.’ For sanctity of the Justice and the judiciary, he transferred the case back to the Chief Justice of Nigeria, CJN for reassignment.

“The CJN now reassigned the case to Justice Okon Abang, who went on to hear the case. They came again with all manner of applications. But if you read the judgement of Justice Abang, it was comprehensive. He took time to tackle all the applications they brought, including the issue of jurisdiction, which had already been decided by the Supreme Court. All these were tackled before the Court came to the merit of the case. They (Ikpeazu’s team) agreed that on the face of the tax papers, the disclosures were false, but that it was a mistake. This in law is an admission.

“If this was a mistake, it means on the face of the law you are not qualified to participate in the electoral process. Does it now mean that the Dr. Uche Ogah, who came second in that primary should go empty handed? the court said no. Even though election has taken place and Dr. Okezie Ikpeazu won, since he was not qualified to have participated in the election ab initio, the proper order is to ask him to vacate the seat. PDP as a party should have presented a qualified candidate for the general election.”

Justice Okon Aban’s ruling

“Again, now that the Supreme Court has held in the case of Otti vs. INEC, that PDP is the winner of April 11, 2015 election in Abia State, the PDP is the party that ought to replace the candidate that was not qualified. This is exactly what Justice Okon Abang ruled on June 27, 2016.

“The Judge ordered that Ikpeazu should vacate the office and that INEC should issue a Certificate of Return to Dr. Uche Ogah immediately and he should be sworn in immediately by the Chief Judge of Abia State. And this was exactly what INEC did. There was no contrary order to that judgement. It’s the extant law,” he declared.

Ikpeazu’s Appeal

On the appeal by Ikpeazu, the former Chairman, Nigerian Bar Association, NBA Ikeja Branch, said: “Now they have appealed. The fact remains that appeal does not operate as a stay of execution. Every elementary student of law knows this. They still have to obtain an order of stay before you can stay execution of judgement. Now, it’s a different scenario when it’s a judgment of the tribunal. Many lawyers are making a mistake that for the fact that Dr. Okezie Ikpeazu has appealed, there should have been an automatic stay of execution.

“But this is not true. Section 143 of the electoral Act 2010 as amended says if you appeal after you appeal after your election has been validated by the Tribunal, your appeal operates as a stay automatically if it’s within 21 days. But in a pre-election matter like this one, it does not apply. You still have to obtain a separate order from the appeal to stay execution.

INEC did the right thing

“So, the allegation that INEC was in a hurry to issue Certificate of Return to Dr. Ogah, despite their appeal is a wrong assumption. The problem we have in Nigeria is we tend to do certain things wrong and when it becomes a norm, we feel that is the way it should be. No, the normal thing is that when a court makes a pronouncement, you have to obey it, you don’t look behind you or begin to read meanings.

“I must say that INEC’s action was very historical and good for the development of our laws and judicial system. For the first time obeyed our laws and issued Dr. Uche Ogah Certificate of Return. Dr. Ogah was supposed to be sworn in immediately as the courts have ordered, in the absence of any contrary order.

Chief Judge Disappeared

“But he got to Umuahia and discovered that the Chief Judge of the State and the President in charge of the Customary Court of Appeal in Umuahia have disappeared or may be kidnapped or may be went into hiding. This gave them the opportunity to obtain a black market injunction in a nearby court in Umuahia. But the fact is that order can’t stand, because it is a court of coordinate jurisdiction with the Abuja Federal High Court. The order is nullity. The only court that can reverse the decision of the Abuja High Court is a higher court and not one with a coordinate jurisdiction; one that shares the same power with the Federal High Court in Abuja.

“Again, that interim order was based on the wrong premise of law. It was quoting Section 143 of the Electoral Act which we already know is only applicable to a judgement delivered by a Tribunal. So, in the absence of any stay of execution to the ruling of the Abuja High Court, Dr. Sampson Uche Ogah (OON) today, is the governor of Abia State.

“Yes, when INEC issued him that Certificate of Return, the implication is that the earlier one you have issued has been cancelled. So, Ikpeazu is sitting there illegally. He has no right to declare public holidays and he also has no right to withdraw money from the bank. What we hear now is that he’s withdrawing money from Abia State Account, whereas he is not the Governor of the state.

“What Ikpeazu has to do now is to vacate office, while he continues his appeal. Then, Dr. Ogah according to the court order should be sworn in and be administered with oath of office by the Chief Judge, so that he can begin his responsibilities as the governor of Abia State. Off course, if tomorrow the Appeal Court reverses the ruling of the Abuja High Court, INEC would re-issue Dr. Ikpeazu another Certificate of Return, until the matter is finally decided at the Supreme Court. This is the way the matter should be.”

Why court disqualified Ikpeazu

Adding, the legal practitioner said: “Again, people are making similarity with a murder case. They are not similar at all. This is a pre-election case, in which somebody who was supposed to be the right candidate was being denied since 2014. Up to this time somebody who is not qualified to be the governor has been there drawing salaries and allowances from the state and making decision on behalf of the state.

“Let me clarify that in the documents aspirants file, there is a column that says you the declarant every information you have given is attributable to you and you are held responsible for it. And if it is found out to be false, misleading and inaccurate that section says I the aspirant is liable to be disqualified. This is a statement filed under oath to the High Court before any aspirant contests an election. So, the Court looked at it that the statement he made under oath was discovered to be false, so it disqualified him.

“It should also be clarified that Ogah didn’t sue Ikpeazu for forgery or evasion of tax. Rather, he sued for the fact that in the form Ikpeazu submitted he made false declaration. The law allows that after the filing of documents opponents are supposed to have certified true copies from INEC. Being a public document, this is what we submitted to the court.

“So, it was the court that discovered that Ikpeazu had lied. Even the Board of internal Revenue was called in and they agreed that it was a mistake. What we were alleging that it was false and that is what the court discovered to reach its decision of disqualifying him. In the affidavit he sworn in court, he had affirmed that he has gone through the documents and certify that all documents presented were true and that he should be held liable if not true. So, saying the Board of Internal Revenue was not brought in as a witness, don’t hold water here. If Ikpeazu had brought a superior document to show that look this is what I was earning and this was what is being deducted as tax. If it was the Board of Internal Revenue that was making the error, it would have been a different case.

“The case of Rotimi Amaechi vs. INEC is still being used a judicial precedence in a pre-election matter. The Supreme Court had held that if a political party fields an unqualified candidate in a general election, if the party goes on to win the election, and the right candidate comes to the court for redress the court will ask the man who came second to be sworn in. It’s the law and it has not changed. It is only the Supreme Court that can over rule itself on this, not a lower court.

“It is best to put all these issues in perspective to debunk the lies peddled out there. The Ikpeazu team are going to the Court on Monday to get a Stay. So, since they only appealed and there was no stay, they have no right to stop the swearing in of Dr. Uchechukwu Ogah. I reiterate, as at today, Dr. Sampson Uche Ogah is the executive governor of Abia State going by the subsisting court order of the Abuja Federal High Court last Monday.

“The delay by the Chief Judge is only a temporary thing. In the fullness of time, he would officially take his oath of office. At the same time, he would declare his assets in accordance with the law and begin to perform his function as governor. Now, he can’t perform that function until he takes that oath and declare his assets.”

Otti has no case

On insinuations that Alex Otti, candidate of All Progressives Gramd Alliance, APGA has a case, he said: “No! The Supreme Court has already decided that the PDP won that election and that judgement has not been changed. There is an end to every litigation. So, no political party can come back to re-litigate after the Supreme Court has decided.

PDP Nwosu’s brief thrown out

Reacting to the case filed by another aggrieved PDP aspirant, Friday Nwosu, who lay claimant to the governorship seat, he said: “He has filed a case but it is subjudice to comment. However, in this case that was decided by the Abuja High Court, he joined as a party in the case. We allowed him. However, the court found his claims very strange. That Uche Ogah complained about the conduct of the PDP primary does it change the result that he came second?

“Even Nwosu came fifth and not third. Even the PDP constitution says if you are not happy with the conduct of the party’s primary, you write to the election appeal panel, which Ogah did and they didn’t even reply him. They were also aware of the action he filed in court even when Ikpeazu was presented for the general election.

“So, the brief by Nwosu was thrown out in Abuja, although he still has a substantive case in Owerri. In the Sheet submitted in Court, the PDP said Okezie Ikpeazu won with the highest votes and Ogah came second.”

Abia Chief Judge can’t be in hiding forever

Condemning however, the alleged absconding of the State Chief Judge, Justice Theresa Uzokwe, Ubani said, “Ogah would duly take his oath of office. The Chief Judge can’t remain in hiding forever. We are making efforts to ensure he comes out from hiding to do the needful. However, even if she doesn’t come out, we have other alternatives. Our team of Senior Advocates are very ready for this case. We are on ground even up to the Court of Appeal and Supreme Court.

“The whole world is taking note that our efforts are being frustrated and all these would be tested in court in time to come. How can Ikpeazu declare public holiday to mourn Chief Ojo Maduekwe when the time table for his funeral is not yet announced. He declared a public holiday for someone who is not even a former Governor of the state. That means if a former Governor dies, he may declare one year holiday for mourning. The entire world is watching, the Justices are watching how they are frustrating us with delay tactics.”

http://www.vanguardngr.com/2016/07/battle-abia-entire-world-watching-ikpeazu-delay-tactics-ogah/

The Conference of Nigeria Political Parties (CNPP) has commended the Independent National Electoral Commission (INEC) for promptly issuing Certificate of Return to Dr. Uche Ogah as the Abia State Governor in line with the ruling of a Federal High Court in Abuja, which sacked Mr. Okezie Ikpeazu as the state Governor.

The CNPP observed that the development was a positive indicator that Nigerian democracy is advancing, adding that the action of the electoral umpire was also a pointer to the level of non-interference in the electoral and judicial processes in the country by the Muhammadu Buhari administration.

The conference in a statement issued in Abuja on Thursday by its National Chairman, Alhaji Balarabe Musa and the Secretary General, Chief Willy Ezugwu noted that "what has happened in Abia State shows that the era of impunity is behind us.

"There is hope in our democratic future as a county as any country where impunity is the norm never survives.

"President Muhammadu Buhari administration and the Independent National Electoral Commission (INEC) must be commended for this singular demonstration of courage to do what is right in line with the court judgment that ordered the issuance of the Certificate of return to Dr. Uche Ogah who came second in the Abia State Peoples Democratic Party governorship primary.

"The prompt action taken by INEC to obey the judgment of the Abuja Federal High court that nullified the candidature of Ikpeazu as the Abia State Governor has shown that democracy is working in Nigeria", the statement read.

http://theeagleonline.com.ng/issuance-of-certificate-of-return-to-ogah-as-abia-governor-cnpp-praises-inec-buhari/

http://www.elombah.com/index.php/reports/press-statements/8279-certificate-of-return-to-ogah-cnpp-praises-inec-buhari-2

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