@inecnigeria claims it was never served the notice of appeal...well here is proof that they LIED. Once again, INCONCLUSIVE.

BUT:
The Abia State Government on Thursday night said it served the Independent National Electoral Commission, INEC, a notice of appeal and stay of execution filed by the governor of the state, Okezie Ikpeazu, against a judgement of the Federal High Court removing him from office.
In a statement, the government contradicted INEC’s claim that it recognized Mr. Ikpeazu’s challenger, Samson Ogah, as governor, because it was not served Mr. Ikpeazu’s notice of appeal.
Mr. Ikpeazu’s certificate of return was withdrawn on Thursday morning by INEC. The electoral body issued Mr. Ogah a certificate of return, and claimed Mr. Ikpeazu had not notified it of any appeal against Monday’s court ruling which ordered him to vacate office immediately after being found guilty of tax offence.
Mr. Ogah was Mr. Ikpeazu’s challenger in December 2014 Peoples Democratic Party’s governorship primary.
But Umeh Kalu, the state Attorney-General, in a statement said the notification documents were duly served on the electoral body at its headquarters in Abuja and were acknowledged.
“It’s unfortunate that INEC said that it was not served. But the truth is that they were served. I have a proof to that. Saleh N. Ibrahim, Senior Clerical Officer at the Legal Services Department of the Commission’s Headquarters, Abuja, who stamped the Notice of Appeal and Injunction with the Commission’s official stamp by 12.50pm on Wednesday, June 29, 2016.
“With the foregoing, it is now clear that the Commission had no reason or cause to proceed with their dangerous action of issuing a Certificate of Return to Dr. Uche Ogah when it was clearly in receipt of a Notice of Appeal and Stay of Execution expressly forbidding them from taking any further action on the Judgment of Justice Okon Abang of the Federal High Court pending the determination of the Appeal in the case.
“It is rather surprising that the Commission could lend itself to be used for an act capable of destabilizing a State in Nigeria with the attendant consequences for anarchy and breakdown of law and order.” Mr. Kalu said.
PREMIUM TIMES has obtained documents showing that the notice of appeal was delivered at INEC’s headquarters and signed by Saleh Ibrahim, a senior clerical officer, in the legal services department of the commission.
In an interview with PREMIUM TIMES late Thursday, INEC spokesman, Nick Dazang, said the governor erred by submitting the documents at the legal services department.
Mr. Dazang said all correspondents to INEC are usually channeled through the chairman’s office from where they get dispatched to their respective directorates or departments within the commission.
But an aide to Mr. Ikpeazu told PREMIUM TIMES the claims by INEC showed that the commission had a sinister motive in withdrawing his principal’s certificate.
“Legal services department is an arm of INEC within its headquarters in Abuja, so what is the issue here?” he asked. “Could INEC have decided to issue a certificate of return to Mr. Ogah without seeking the opinion of its legal services department?”
“This is just an incompetent attempt on the part of INEC to plunge Abia State into unnecessary crisis.”


http://www.premiumtimesng.com/news/headlines/206257-ikpeazu-contradicts-inec-proves-commission-received-appeal-notice.html

CC lalsticlala, Myd44

Abia: INEC issues Certificate of Return to Uchechukwu Ogah

By Yomi Kareem - July 1, 2016


INDEPENDENT National Electoral Commission, INEC, yesterday in Abuja issued Certificate of Return to Mr. Uchechukwu Ogah as the elected governor of Abia State, in obedience to an Abuja Federal High Court order. This is as another High Court in Osisioma in Abia barred the state chief judge from administering oath of office on Ogah until the determination of motion on notice filed before it. The Federal High Court judge, Justice Okon Abang gave the order on declaring Ogah winner of the April 2015 governorship election in Abia State on Monday, when he delivered a judgment in a case instituted by Ogah, a governorship aspirant on the platform of the Peoples Democratic Party, PDP. While addressing the press at a national stakeholders forum on outstanding re-run elections in Abuja,
INEC national commissioner for the South-East, Ambassador Lawrence Nwuruku disclosed this. According to Nwuruku, “We are simply obeying the court order. The court ruled that with immediate effect INEC should issue the certificate; if tomorrow another court overrules, as the South-East national commissioner I will do the same thing. “I am not above the law; the court said we should give the certificate to who won, and that is Dr. Uchechukwu Ogar, which I did because we cannot do otherwise as we are not above the law; and I’m not ready to go to jail for anybody. After the court another person we obey is God and my conscience is my God.” Asked if INEC was aware that Governor Okezie Ikpeazu had already appealed the said judgement, Nwuruku said that the commission obeyed the judgement. “Our own is to obey the judgment on ground; if by tomorrow the court says give it to another person, then the INEC chairman will obey by signing another certificate and I will issue it.” Ogah had accused Ikpeazu of submitting false information in his tax clearance certificate to the party during the governorship primaries in the state, prompting the court to order Gov. Ikpeazu to vacate his office immediately. Meanwhile, the embattled Governor Ikpeazu has reacted to the issuance of the certificate to Dr. Ogah by INEC as governor of Abia State. According to a press statement he personally signed yesterday, he said INEC carried out the issuance “despite a notice of appeal and motion on stay of the orders made by Justice Okon Abang of the Federal High Court, Abuja.” He added that, “Our laws are clear on this matter. No one may be issued with a certificate of return let alone be sworn-in as governor when there is a subsisting appeal and application for stay. “I want to appeal to Abians to remain calm and law abiding in the face of this provocation; unless and until the appellant courts have conclusively resolve the appeal, the status remains; I am still the Governor of Abia State.” However, the situation took a dramatic turn as a high court sitting in Osisioma, Abia State, presided by Justice C.H Ahucahogu restrained the chief judge of the state from swearing Ogah in while ordering status quo to be maintained until the determination of motion on notice. The court also issued an injunction restraining the INEC from issuing a certificate of return to Ogah. Justice Ahuchaogu in granting the order relied on section 143 (1) and (2) of the Electoral Act 2010 (as amended).

http://nigerianpilot.com/abia-inec-issues-certificate-return-uchechukwu-ogah/

The question now is why did INEC go ahead issueing the Certificate of return. When they already have this appeal notice.


CC lalasticlala, Myd44

am surprised,lie Muhammad has transferred his lying spirit to every sector of this government.

This country is just full of nonsense people. If you quote me, I will just come there and slap you

Just because Abia State Governor, Dr Okezie Ikpeazu constituted a vigilante group to check the excesses of Fulani herdsmen against the grand plan of Buhari to colonize Southeast Nigeria through expansionist outdated Fulani culture

MadamExcellency:
Just because Abia State Governor established a vigilante group to check the excesses of Fulani herdsmen against the grand plan of Buhari to colonize Southeast Nigeria through expansionist outdated Fulani culture

I suspect thatz why they came for him!! Buhari and APC's plan will surely fail.Buhari can come and swear in Otti tommorow let us see.

Following

Inec and Efcc the two daughters of jezebel causing catastrophy here and there meanwhile my dear op just for the books abeg next time its ikpeaZu and not ikpeaSu.....

Waiting to receive the slap

pode:
This country is just full of nonsense people. If you quote me, I will just come there and slap you

I want my igbo brothers to take note of what is happening here,this is grand designed plan by APC led federal government to bring their stooge to govern the most stubborn state in igboland.

Why issuing cert to Ogah when there is a stay of execution?

frankline5:
I want my igbo brothers to take note of what is happening here,this is grand designed plan by APC led federal government to bring their stooge to govern the most stubborn state in igboland.

Why issuing cert to Ogah when there is a stay of execution?

Buhari and the APC has failed already.The Abia state CJ is going to frustrate their plans.Shebi Ogah has certificate of return!! He should go and eat it but will never ascend the Governorship seat.

All these are happening just becos ikpazu has been very vocal against the grazing bill and fulani herdmen atrocities.

Buhari knows he will not be able to get favourable judgmenyt from the supreme court hence the desperation.

If inec was served a court order why is inec acting on d contrary?it means smone smwhere is tryn 2 distabilize abia by collectn money frm desperate politicians.dont take d gentility of ikpeazu 4 weakness.pls leave abia alone bc evry conspiracy will fail in jesuse name amen.

INEC is giving way for anarchy,

CC lalsticlala, Myd44

We must remove ikpeazu by fire by force God bless Buhari

Dat is wat u get when u have leader without the knowledge of his duty

frankline5:
I want my igbo brothers to take note of what is happening here,this is grand designed plan by APC led federal government to bring their stooge to govern the most stubborn state in igboland.

Why issuing cert to Ogah when there is a stay of execution?

Stop these your conspiracy theories it won't fly or help the present case. This is where we almost get it wrong...... Blaming others for our problems....

See if you are close to the Gov pls advice him to change strategy and look for the enemy within because it this the enemy within that invited the one on the outside. The earlier he looks beyond APC as a party and start looking within his party the pdp to fish out those who are working against him the better for him. Do you know that Ogah arrived Umuahia yst with some prominent Abia indigenes, top PDP chieftains and serving pdp National Assembly members. Check out this pix below.... His entrance into the state yst was like a triumphant entry and the whole Umuahia town erupted in wild jubilation on sighting him and his convoy.

Can another high court set aside judgement or grant stay of executiion on a judgement given by high court ?

May be lawyers can step into this.

And as for conspiracy theorists. Una welldone ooo.

Nobody is prosecuted for a criminal case without another reason.


"Same way they witch hunt an arm robber last week and police shot him, is he the only arm robber" ?
Wailer.

I don't think inec claimed they don't have the notice of appeal, what I'm aware of is that there is no "stay of execution order" by the appeal court. the two is different, an appeal doesn't confer a stay of execution order right to the appellant.
seems he needs to sack his legal advisers, it's either they are incompetent or they are planning to sabotage him.

kahal29:


Stop these your conspiracy theories it won't fly or help the present case. This is where we almost get it wrong...... Blaming others for our problems....

See if you are close to the Gov pls advice him to change strategy and look for the enemy within because it this the enemy within that invited the one on the outside. The earlier he looks beyond APC as a party and start looking within his party the pdp to fish out those who are working against him the better for him. Do you know that Ogah arrived Umuahia yst with some prominent Abia indigenes, top PDP chieftains and serving pdp National Assembly members. Check out this pix below.... His entrance into the state yst was like a triumphant entry and the whole Umuahia town erupted in wild jubilation on sighting him and his convoy.

you still did not answer my question on my INEC issued a certificate to ogah knowing there is a stay of execution?

Everyone should keep their fingers crossed for now, some illegalities must have happen from either of the sides but only time will tell. My advise pdp should be fair to all it's members else they lose abia state. Losing abia means losing ebonyi in no distant future and sustaining the already lost imo. This is the pattern of events in south east.

Please correct the name....it's Ikpeazu.

Why submit a letter to the legal department of INEC? Has that been the status quo?

lightheart:
Please correct the name....it's Ikpeazu.

Why submit a letter to the legal department of INEC? Has that been the status quo?

Done

1. why is d time on d stamp different. 3.00 pm nd 12.pm
2. Is it a notice of appeal or stay of execution?
3. Can high court judgment be appeal @ the same high court? state in particular.
4. Where do they normally submit appeal application.
Lawyer's in d house I need clarification.

S2kluv:
1. why is d time on d stamp different. 3.00 pm nd 12.pm
2. Is it a notice of appeal or stay of execution?
3. Can high court judgment be appeal @ the same high court? state in particular.
4. Where do they normally submit appeal application.
Lawyer's in d house I need clarification.

I don't know why they chose to shot themselves in the foot, they cant remain in government house through self-pity.

What was served was a notice of appeal and not a stay of proceedings. Both are different of course, you chose to appeal a judgement, good for you but if you want the judgement to be delayed pending the outcome of the appeal, you file for a stay of proceedings. Note that this stay of proceedings is not automatic. Your barristers will have to convince a sitting judge on why you need a stay of proceedings and if the judge deems it fit, he will grant it.

They even went as far as getting an injunction from a court of parallel jurisdiction instead of one from a higher jurisdiction. I guess they couldn't succeed in getting a stay of proceedings from an appeal court.

What people don't understand is that it was a federal high court that ruled and not an election tribunal court as both are different. He has to obey this ruling and exercise his right of appeal from the comfort of his home.

MaziOmenuko:


I don't know why they chose to shot themselves in the foot, they cant remain in government house through self-pity.

What was served was a notice of appeal and not a stay of proceedings. Both are different of course, you chose to appeal a judgement, good for you but if you want the judgement to be delayed pending the outcome of the appeal, you file for a stay of proceedings. Note that this stay of proceedings is not automatic. Your barristers will have to convince a sitting judge on why you need a stay of proceedings and if the judge deems it fit, he will grant it.

They even went as far as getting an injunction from a court of parallel jurisdiction instead of one from a higher jurisdiction. I guess they couldn't succeed in getting a stay of proceedings from an appeal court.

What people don't understand is that it was a federal high court that ruled and not an election tribunal court as both are different. He has to obey this ruling and exercise his right of appeal from the comfort of his home.

Thanks

MaziOmenuko:


I don't know why they chose to shot themselves in the foot, they cant remain in government house through self-pity.

What was served was a notice of appeal and not a stay of proceedings. Both are different of course, you chose to appeal a judgement, good for you but if you want the judgement to be delayed pending the outcome of the appeal, you file for a stay of proceedings. Note that this stay of proceedings is not automatic. Your barristers will have to convince a sitting judge on why you need a stay of proceedings and if the judge deems it fit, he will grant it.

They even went as far as getting an injunction from a court of parallel jurisdiction instead of one from a higher jurisdiction. I guess they couldn't succeed in getting a stay of proceedings from an appeal court.

What people don't understand is that it was a federal high court that ruled and not an election tribunal court as both are different. He has to obey this ruling and exercise his right of appeal from the comfort of his home.

Whether it is an election tribunal or a federal high court once an appeal is filed, the judgement would be automatically restrained until the appeal is exhausted. BTW ranting on nairaland would not make Uche Ogah Governor. Unless he is sworn in by the state CJ he would never be Governor