₦airaland Forum

tmtech:
not funny

DEAFandDUMB:
Who has the authentic Certificate of Return now as far as Abia state leadership is concern?

Be sincere with your answer..

Apelex:
He should better hide.

The court of appeal has the final say on this issue.. As the the current governor has a right to appeal.. And he has....
Ogar can't be sworn in when ikpeazu is still in office..
He should just wait on the appeal court judgment on the matter.

What if he is sworn in now,what happens to Ikpeazu?
What is he is sworn in and the appeal Court revokes the judgment and upholds ikpeazu's election?

So Ogar shud just wait patiently so as to prevent unforeseen circumstances..

FTC..dedicated to Lalaticlala

Bolustic:
Ogah knows what is at stake. He knows the law is on his side and he might get kidnapped if not assassinated.

Governor Ikpeazu lawyers should know there is a difference between NOTICE OF APPEAL and A STAY OF EXECUTION. He should not also forget that Abia High Court has a COORDINATE JURISDICTION with that of Abuja, none can nullify the judgement of another.

He should vacate the seat, the electoral act only allows the incumbent to stay in office if it was a post election tribunal and not PRE-ELECTION matters.

Peter Obi bounced back in Anambra when he was sacked. He should just let the law take its course.

Besides, where are those people who crucify Buhari for disobeying court orders?

Olukat:
Has Buhari started respecting court orders now?
Pls. don't twist the issue to suit you.
The question is; of what essence is the appeal?

buksaylor001:
Former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN) stated that Mr. Okezie Ikpeazu is no longer the Governor of Abia State in the eyes of the Law.








This Senior Advocate of Nigeria stated this while lending his voice to the controversy trailing the sack of governor Ikpeazu by a Federal High Court, Abuja.


Justice Okon Abang, in his judgment of Monday, June 27, 2016 in a suit filed by Uche Ogah, a Peoples Democratic Party (PDP) member held that Ikpeazu does not possess the requisite qualifications to contest the election as governor, in that he did not furnish credible evidence of payment of tax, to the Abia State Government.


The judge ordered the Independent National Electoral Commission (INEC) to declare Ogah who came second in the PDP primary, as the elected candidate.
In the suit, Ogah had contended that Ikpeazu evaded tax prior to his election and as such was not qualified to hold elective office.


Agbakoba said by Law Ikpeazu has been removed by the court and he is no longer the governor of Abia State.


“The court has removed him as governor but the problem is that there’s a transition period. But the court has removed him as governor and there’s a new governor-elect who is yet to be sworn-in. and that is why I think there’s a major political vacuum. Clearly, the Ikpeazu is no longer the governor by Law.


“I don’t know the grounds which the other order from Abia State was obtained by one of the parties. But I do know that a judgment was given and a certificate of return was issued by INEC in Abuja. If they want to stay that order they have to go to the very court that passed the judgment.


“It is procedurally wrong towant to arrest that judgment us- ing another court of coordinate jurisdiction. The order of the Federal High Court in Abuja should be obeyed.


“A Notice of Appeal is clearly not a Stay and INEC has broken no Law in issuing Certificate of Return to Ogah. But they should have relied on the prudential principle by cautioning themselves, giving the fact that they have received a Notice of Appeal, which in itself, does not constitute a stay of execution of the order of the court. However INEC has broken no law by issuing the certificate of return to Ogah,”Agbakoba said.


Another Senior Advocate of Nigeria, Mr. Femi Falana also stated that INEC had done the right thing by obeying the order of the Federal High Court.


“Federal High Court ordered that Uche Ogah be issued with Certificate of Return and should be sworn in as governor of Abia State. INEC complied with the order. The order exparte issued by a judge in Abia State High Court is illegal and contemptuous. The Abia State High Court cannot sit on appeal over the order of the Federal High Court as it is a court of concurrent jurisdiction,” Falana stated.


In his reaction, the President of Nigeria Bar Association, Austin Aleghe, stated that while he was not fully briefed on the issue, the position of the law is that when a stay of execution and a notice of appeal has been filed, it is incumbent on all parties to stay action to avoid a situation where one’s interest will be rendered nugatory.


He however, stated that he cannot say for certainty that a stay of execution was filed and INEC put on notice.


Yesterday, INEC confirmed that it received notice of appeal but was not accompanied by stay of execution from Ikpeazu’s lawyers and that a notice of appeal did not amount to stay of execution.

Apelex:
My Dear ,even if its Ogar..they can't be two governors in one state...he can't take the Oath of Office when dere is a seating Governor...who has Appealed the Federal high court ruling....

If he Is to be sworn in.then there will be Power tussle and a breach in security in the state..

Its better he waits for the final judgment.Law is a process.He should wait......I believe he mite just win against ikpeazu cuzz the case against him is serious.

Apelex:
He should better hide.

The court of appeal has the final say on this issue.. As the the current governor has a right to appeal.. And he has....
Ogar can't be sworn in when ikpeazu is still in office..
He should just wait on the appeal court judgment on the matter.

What if he is sworn in now,what happens to Ikpeazu?
What is he is sworn in and the appeal Court revokes the judgment and upholds ikpeazu's election?

So Ogar shud just wait patiently so as to prevent unforeseen circumstances..

FTC..dedicated to Lalaticlala

MasterofdRolls1:
Are you speaking on points of law, or just common sense?

cktheluckyman:
Uche Ogah should relax and await the supreme court Judgement on this mater to avoid embarrassing himself.So if he is sworn in on Monday and the appeal court grants the stay of execution Ikpeazu filed what now happens?

BTW there is a valid court order stopping his swearing in so there is no how he will be sworn in

Apelex:
Point of Law...the constitution allows Him and every person to appeal a judgment......

DEAFandDUMB:
I like your type.. Sincerity means a lot to me..
My dear, the CoR issued to Mr.Uche Ogah by INEC has automatically cancelled and void that which is in Ikpeazu's possession now.. Ikpeazu's legal adviser needs to be sacked immediately for failing to differentiate between appeal of judgement and stay of execution order.. They made the wrong move and Uche Ogah might end up reaping from their silly mistake.. The only way out now is for them to make public documents showing that they truely served INEC stay of execution order and not just appeal notice.. The state CJ is the only delay now cos the moment she's sighted, she will have no other option than to swear Ogah in as directed by FHC Abuja.

Businessideas:
Which appeal? The kangaroo one in the corrupt Abia state high court under a state judge that abandoned her official duty because of a politician ? BTW, That runaway state Chief judge will be reported to the National Judicial Council for severe punishment and seriously, she just lost her job!!

MasterofdRolls1:
There's is no valid Court order stopping his swearing in because the Federal High Court and the State High Court, are of coordinate jurisdiction, hence the order should have come from a higher Court.

madridguy:
Tonyebarcanista over to you boss.

Apelex:
He should better hide.

The court of appeal has the final say on this issue.. As the the current governor has a right to appeal.. And he has....
Ogar can't be sworn in when ikpeazu is still in office..
He should just wait on the appeal court judgment on the matter.

What if he is sworn in now,what happens to Ikpeazu?
What is he is sworn in and the appeal Court revokes the judgment and upholds ikpeazu's election?

So Ogar shud just wait patiently so as to prevent unforeseen circumstances..

FTC..dedicated to Lalaticlala

iflywithbuhari:
Ogah will be sworn in as the governor of Abia state next week, whether Ikpeazu and Atiku like it or not

Apelex:
This is just his own opinion .....constitutionaly He has the right to appeal his judgment..... The Constitution is greater than any Law...........and its says..Any it allows you to appeal your judgment.. Period...

Apelex:
In the days coming .We will see how it all ends anyways.

Is that really you on your Dp and y d funny moniker?

Adeevah:
It seems Tonyebarcanista is in hiding too...





But somewhere near seme border