₦airaland Forum

What pains me most is that this Gov Ikpeazu is trying his best to undo the evil deed that has been done to the pple of this state in the last 16yrs.
What if this notorious man now comes in to continue the same evil doing? Anyway, if he does win hopefully he will respect himself and continue what is already on ground.

simple matter been complicated...

squanta:
The High court judgement in which Ogah wants to exercise is in abeyance as Ikpeazu has gone for an apeal meaning that Ogah cannot excercise that court ruling as it is subject to the apeal court ruling viz-a-viz supreme court ruling.

the issue with Nigerians is that we don't know anything, but we claim to know and sorry to say this our lawyers n judges don't know the law.... I totally disagree with what was quoted above....Are u aware that Mr Ikpeazus stay of execution hasn't been heared by the appeal court, in fact hearing d his motion for stay of execution has been slated for monday

Pdp a house of clown.

Now I know that whatever that belong to someone belongs to him no matter what. I pity some of our so called lawmakers by their attitude of contradicting the truth, they should sworn Ugah with immediate effect.

I have painstakingly perused the Electoral Act 2010 and i am at a loss to say the least as to how Justice Okon Abang of the Federal High Court arrived at the justification for his decision of ordering the withdrawal the certificate of return from Governor Ikpeazu and ordering INEC to issue a certificate of return to Dr. Ogah.

it is indeed a travesty of the extant laws in immeasurable proportions that the Federal High Court could arrive at such a decision in the face of the very clear and unambiguous letters of the sections 140 of the Electoral Act ,2010.

The issuance of a certificate of return to Dr. Ogah today is flawed on two grounds-

First, there is no conceivable legal basis for Courts order to issue Dr. Ogah with a certificate of return , secondly , the is no justifiable basis for INEC to have issued the Certificate of return to Ogah when a valid and subsisting Notice of Appeal and an Application for order of stay of execution of the Orders of the Federal High Court has been filed and served both on the federal High Court it self , INEC within 21 days in line with the dictates and prescriptions of section 143 of the Electoral Act ,2010.

In order to appreciate the whole charade, it is needful to set out the provisions of section 140 of the Electoral Act .

140. (1) Subject to subsection (2) of this section, if the Tribunal or the Court as the case may be, determines that a candidate who was returned as elected was not validly elected on any ground, the Tribunal or the Court shall nullify the election.

(2) Where an election tribunal or court nullifies an election on the ground that the person who obtained the highest votes at the election was not qualified to contest the election, the election tribunal or court shall not declare the person with the second highest votes as elected, but shall order a fresh election.

(3) If the Tribunal or the Court determines that a candidate who was returned as elected was not validly elected on the ground that he did not score the majority of valid votes cast at the election, the Election Tribunal or the Court, as the case may be, shall declare as elected the candidate who scored the highest number of valid votes cast at the election and satisfied the requirements of the Constitution and this Act.

141. An election tribunal or court shall not under any circumstance declare any person a winner at an election in which such a person has not fully participated in all the stages of the said election.

A calm and dispassionate consideration of the above provisions of the Electoral Act shows that the combined effect of sections 140(1)(2) and 141 clearly shows that even in an event such as the case at hand where the complaint of the Dr. Ogah is that Ikpeazu was not qualified to contest the election on the grounds that he did not possess genuine tax certificates , the powers of the Court is limited to nullifying the elections and ordering the conduct of a fresh election .

The Court is specifically bared from declaring "Any person who has not taken part in all stages of an election as the winner ''

it is absolutely and beyond the authority of Justice Okon Abang to have ordered the immediate issuance of a certificate of return to Dr, Ogah who clearly did not take part in all stages of the said elections .
The extent of the powers of the Court was to nullify the election and order the conduct of a fresh election.That is the law , no law and i repeat no law permits or donates the powers ,vires or authority to either the Tribunal or Courts to declare any one such as Dr. Ogah who did not take part in all stages of an election as the winner of such an election .

By the provisions of section 141 of the Electoral Act ,2010 the Supreme Court decision of Amaechi V Omehia has been over taken by the state of the Law and a decision which is founded on the said Amaechi V Omehia presently would have been reached per in curiam .

i suppose this is the basis of Governor Ikpeazus appeal to the Court of Appeal .

Secondly ,by the provisions of section 145 of the Electoral Act , 2015 ,any person such as Governor Ikpeazu against whom a decision has been handed down by the Courts or Tribunal under the Electoral Act , has a window period of 21 days within which to file an Appeal challenging the decision of the lower Court or tribunal .

Thus ,section 143. (1) of the Electoral Act provides -

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

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

A community reading of both provisions juxtaposed with the fact that Governor Ikpeazu against whom the decision of Justice Abang was rendered , who has not only filed a Notice of Appeal but equally filed a Motion for stay of Execution of the decision of the Lower Court , remains the Governor until the determination of the Appeal which has been lodged .

Therefore , there is no legal basis what so ever what the mockery and drama which is playing out in Abia State when the letters and spirit of the Law is clear the only justification is that it exposes perhaps the desperation of APC to win another State in the South East through a sheer manipulation of the judicial system.

Flexherbal:
We all know that this your fight is not for the good of the people, but for your pocket.

#truetalk

squanta:
The High court judgement in which Ogah wants to exercise is in abeyance as Ikpeazu has gone for an apeal meaning that Ogah cannot excercise that court ruling as it is subject to the apeal court ruling viz-a-viz supreme court ruling.

You are right guy...

saintmark88:
the issue with Nigerians is that we don't know anything, but we claim to know and sorry to say this our lawyers n judges don't know the law.... I totally disagree with what was quoted above....Are u aware that Mr Ikpeazus stay of execution hasn't been heared by the appeal court, in fact hearing d his motion for stay of execution has been slated for monday

Thank you my brother, this is for people that think filing an appeal automatically means stay of execution. You have to file for stay of execution after which a judge hears your case and decides either to award the stay or not. They can even reject his plea for stay of execution on monday, it is not automatic. He has to state the reason why he wants a stay and if the court finds his reason judicious, they may grant it.

Secondly, this is not an election petition case but a case of forgery and illegality for those quoting electoral acts up there.

Two governors in a state, two PDP party chairmen in a country, one recognized the other unrecognized. INEC acted above her limitations by issuing a certificate of return to Ogar when the sitting government had already launched an appeal.

But come to think of it, is there anywhere in the law that expressly states that tax payments cannot be made on Saturdays and Sundays? Doesn't the law give Ikpeazu a 21 day right to appeal the federal high court ruling or has the FHC now become the Supreme and appeal court? And again yes, the state high court has all the right to stay the execution order since it's a matter of the state

sammyj:
IKpeazu is on OYO since there is a federal high court order stating that Ogar should immediately be sworn in as the new governor since the later decided to present a fake tax document dated back to a Saturday which a none civil servant working day. I wonder if our politicians think with their brains or their mouth !!!

Plan from the above

Abia state is not only the confused state. Nigeria as a whole is confused under the dullard called Buhari.

This must be the joke of the year and century and should be moved to the joke section of this forum!!!!

cricifixo:
But come to think of it, is there anywhere in the law that expressly states that tax payments cannot be made on Saturdays and Sundays? Doesn't the law give Ikpeazu a 21 day right to appeal the federal high court ruling or has the FHC now become the Supreme and appeal court? And again yes, the state high court has all the right to stay the execution order since it's a matter of the state

hmmm,confusion everywhere..,in my opinion ,I thought supreme court is the final say in governorship election.
why then do the high court ask inec to issue certificate of return to ogar,and to swear him immediately.confusion

keryj:
What pains me most is that this Gov Ikpeazu is trying his best to undo the evil deed that has been done to the pple of this state in the last 16yrs.
What if this notorious man now comes in to continue the same evil doing? Anyway, if he does win hopefully he will respect himself and continue what is already on ground.

which evil did is he undoing without probing the evil of the past.?
how can he not pay civil servants when T.A orji has embezzled and looted the treasurey and yet he doesn't want to probe the He-Goat, instead he busy borrowing and piling up more debt for the state?

tempest01:
The beam light should be on this Okon Abang guy....he is bastardizing the judiciary process

Or he is making all the wrongs right the hard way. Okon Abang is officially the best judge of 2016.

Abia Governor's seat is the hottest in Nigeria. Why judgment and counter judgment from one court to another. Who delivered wins the race. Everything is inconclusive.

cricifixo:
But come to think of it, is there anywhere in the law that expressly states that tax payments cannot be made on Saturdays and Sundays? Doesn't the law give Ikpeazu a 21 day right to appeal the federal high court ruling or has the FHC now become the Supreme and appeal court? And again yes, the state high court has all the right to stay the execution order since it's a matter of the state

are we talking of tax payment or "tax clearance?
if whatever he declaring now doesn't tally with what he submitted originally, then there's a fraud.
the issue lies with whoever that is responsible for verification of tax returns

if there was anomaly at first, why go ahead to clear him to contest?

CecyAdrian:
Or he is making all the wrongs right the hard way. Okon Abang is officially the best judge of 2016.

zombie alert

sammyj:
IKpeazu is on OYO since there is a federal high court order stating that Ogar should immediately be sworn in as the new governor since the later decided to present a fake tax document dated back to a Saturday which a none civil servant working day. I wonder if our politicians think with their brains or their mouth !!!

You are actually the one thinking with your mouth abi finger here

Ikpeazu going going gone


I decide to support Apga after thief TA orji and his criminal son chinedu orji Aka (ikuku) manage to install ikpeazu as PDP flag bearer in abia gubernatorial election, we support Apga so we can end Orji's dynasty in Abia, supreme Court upheld ikpeazu election against Otti... I told them all hope are not lost... Ikpeazu should respect the court ruling and vacate that government house...

NDI OHUHU Nwere weight

May God decide. If ikpeazu is removed, I blame him for his carelessness, if oga lose I blame him for being over ambitious

sammyj:
IKpeazu is on OYO since there is a federal high court order stating that Ogar should immediately be sworn in as the new governor since the later decided to present a fake tax document dated back to a Saturday which a none civil servant working day. I wonder if our politicians think with their brains or their mouth !!!

Bros I just tire o!
Abi drinking of coffee in hot afternoon is resetting their thinking faculty!
You are appealing in osisioma high court for ab injunction against the order federal high court.

Mrpoker:
Bros I just tire o!
Abi drinking of coffee in hot afternoon is resetting their thinking faculty!
You are appealing in osisioma high court for ab injunction against the order federal high court.

The appeal was filed at the appeal court and not the osisioma high court

obisdavinc:
Supreme court has the final say in this matter.

Agreed! but he needs to vacate office first and appeal to World court if he likes

fairheven:
which evil did is he undoing without probing the evil of the past.?
how can he not pay civil servants when T.A orji has embezzled and looted the treasurey and yet he doesn't want to probe the He-Goat, instead he busy borrowing and piling up more debt for the state?

What u just said is that the only thing u notice of his administration? Did orji uzo kalu not also embezzle? What is the duty of the EFCC? I tot Buhari is said to be fighting corruption? If he borrows, he might be pilling up debt but I bliv with time he will balance things. If the Fed Gov borrows, what's bad with a state borrowing? Is it not better to borrow and pay back than to sit back and do notin? If u hate the man pls dear bro forget hate and face fact cos the upcoming man might not be a messiah. Politicians are politicians. They fight in camera for us to see and dine in tables behind our able eyes.

quid:
An internal fight animated by the APC

"animated by APC"...and you say PDP are not zombies

As far as am concerned, they are all the same

saintmark88:
the issue with Nigerians is that we don't know anything, but we claim to know and sorry to say this our lawyers n judges don't know the law.... I totally disagree with what was quoted above....Are u aware that Mr Ikpeazus stay of execution hasn't been heared by the appeal court, in fact hearing d his motion for stay of execution has been slated for monday

I don't know why our lawyers or Law does not apply common sense. Of what use is swearing him in when there is an appeal.Why the hurry? What if after swearing him in and Ikpeazu gets a victory at the appeal court, will they re swear him in? If then Ogah goes to supreme court to challenge the appeal court ruling and wins the Governor again, will they re- swear him in for the second time?
I don't know why we just like making mockery of our laws and leadership offices in this country.

Guys guys pls don't let this turn to bloodshed because the cloud is getting thicker minute by minute and it might rain horror if not quickly check now before is too late. I'm sure some people want to disrupt the peace of Abians somehow, I don't honestly see any good reason for this power struggle may God help them in that state.

E pain ammmmmm !!!!

TamedWolf90:
You are actually the one thinking with your mouth abi finger here