is there no stipulated period that INEC should wait in case of appeal but issuing certificate of return to the other party

The truth Lawyers of today would shy away from as they self conceitedly shirk their responsibilities to society as social engineers and officers of truth, equity and justice.
There is no hard and fast rule....that once judgement is entered in a suit, the victor is ordinarily entitled to reap the benefits of such judgment.
However, the adverse party aggrieved is entitled to present an appeal if he so desires on valid grounds so as to have the said judgment reviewed on appeal within the prescribed time frame for the he presentation of a valid appeal.
The filing of an appeal without more ordinarily does not act as a stay of the execution of a judgment, the appellant is expected to file an application seeking orders of the trial court for the stay of the execution of the judgment pending the determination of his appeal.
Upon filing of his appeal he is expected to serve same upon the beneficiary of the judgment, the Sheriff of the Court as well as other necessary agencies and persons who may have been directed to take certain steps in giving effect to the said judgment (in deserving circumstances).
Upon service of all these processes, the court is expected to hear and determine the application for stay by either granting same (on condition) or refusing same.
All the parties are expected to maintain the status quo and not take any step that would foist a situation of fiat accompli on the appellate court.
Any party that decides to take any action having seised of these facts and steps taken by the party appealing does so at his own peril.....as such actions stand the risk of being reversed by the appellate court should its attention be drawn to same.
These processes and procedures are hallowed, basic and elementary.......

Furthermore, the provisions of Section 143 (1) of the Electoral Act, 2010, as amended, provides thus:

"If the Election Tribunal or the Court, as the case maybe, determines that a candidate returned as elected was not validly elected, then if notice of appeal against that decision is given within 21days 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. "

These are strange times indeed in our motherland as well as in the application of ethics in the legal profession......
It is high time, the stern disciplinary measures get applied to both lawyers and the teeming litigants to whom they now fully pledge their allegiance rather than to the higher dictates of justice and the law.....

ozoemenafn:
is there no stipulated period that INEC should wait in case of appeal but issuing certificate of return to the other party

There is jare.....a 21 days period is prescribed....by section 143 of the Electoral Act, 2010 (As amended)
.

dayowunmi:

So Austin Aleghe is an authority because he's NBA president? Lolz, well, olisa agbakoba was a former NBA president as well and femi Falana is a senior advocate of Nigeria! Come to think of it, A federal high court issued a judgement, then ikpeazu went to Abia state high court to get an injunction against a judgment from the federal high court? Common, you don't need to be a law student to know that there's hierarchy in the law courts! [s][/s]Federal high court is clearly superior to a state high court[s][/s], the normal thing was for ikpeazu to have also gone to a federal high court to get a stay of execution of the ogah judgement! Don't let your emotions derail your sense of judgement sir

you got it all...but u missed a point. Federal high Court Is not superior to state high court. They are courts of coordinate jurisdiction.

gogodaye:

There is jare.....a 21 days period is prescribed....by section 143 of the Electoral Act, 2010 (As amended)
.

Why are u mentioning the Electoral Act in a pre-election matters!

Lol, it is in matters that concerns PDP that Falana would want the law to be followed strictly.
Pocket lawyer!

AtlanticBreeze:

Well you want to go with the opinion of APC's paid to comment Falana while I choose to go with the opinion of the NBA president.. Whats your headache?

The nBA president said he was not fully briefed on the issue. So he shud give way to pple who re fully briefed! Nawa for u o! U chose to take the position of one who is not fully briefed!

I AM SUSPECTING FOUL PLAY. THIS SEEM TO BE THE PLAN FOR OSUN STATE. THEY JUST TEST RUN IT IN LABIA

Instead of this man to be disgrace out of office he should just handover honourable because all the big san voice we are hearing are too loud for the man to bear the truth should be told tax invasion yes or no. Nigeria 2016 is different from 2015 now our big judges are bent on the truth. more grees to their elbow.

Ive long given up on the Judiciary, the stopped impressing me long ago

Inspector general of police should follow the rule of law and withdraw security details from okezie immediately. This is simple, okezie should stepaside and wait for the outcome of his appeal.

gogodaye:

There is jare.....a 21 days period is prescribed....by section 143 of the Electoral Act, 2010 (As amended)
.

My friend you are a charge and bail lawyer. So park well jare.

This matter has nothint to do with the Electoral Act per say.

Remove electoral Act from this matter. Tell Ikpeazu to kindly flog his lawyers because they quack lawyers.

Falana is an idiot, a big one...

kcnwaigbo:


Which legal expositions? Why don't you quote a single part of the constitution or any judicial precedent to back up your case.

Section 18 of the Court of Appeal Act Cap. C37 L.F.N. 2004 expressly states that "An appeal under this Part of this Act shall not operate as a stay of execution, but the Court of Appeal may order a stay of execution either unconditionally or upon the performance of such conditions as may be imposed in accordance with rules of court."

Essentially, this implies that the mere filing of a Notice of Appeal by a party will not as a matter of course stay the execution of a judgment. This is beyond dispute. For emphasis, the decision of the court in TSA Ind. Ltd. v. Kama Inv. Ltd. (2006) 2 NWRL (Pt. 964) 300 at 316 is apt on the point.



Hope you are satisfied.... Tell Ikpeazu to flog his lawyers for messing up his case.

ever811:
but the people said its him they voted for naa..so which one come be,make him respect himself comot for the seat wey him people give am kwa? we get laws for Nigeria,na him our condition dey like this? nnanawaoooo

We didn't vote for any Ikpeazu oh and we have never wanted him. it was his school-father T.A. Orji that did his mago mago and put his puppet.

kahal29:


Section 18 of the Court of Appeal Act Cap. C37 L.F.N. 2004 expressly states that "An appeal under this Part of this Act shall not operate as a stay of execution, but the Court of Appeal may order a stay of execution either unconditionally or upon the performance of such conditions as may be imposed in accordance with rules of court."

Essentially, this implies that the mere filing of a Notice of Appeal by a party will not as a matter of course stay the execution of a judgment. This is beyond dispute. For emphasis, the decision of the court in TSA Ind. Ltd. v. Kama Inv. Ltd. (2006) 2 NWRL (Pt. 964) 300 at 316 is apt on the point.



Hope you satisfied.... Tell Ikpeazu to flog his lawyers for messing up his case.

Bros the ogah coup has failed.The Appeal court will rule on the stay of execution on monday.Sorry dear failure is an orphan

kcnwaigbo:


Bros the ogah coup has failed.The Appeal court will rule on the stay of execution on monday.Sorry dear failure is an orphan

My brother I understand your sentiments and predicament but like I replied you before let me repeat my self again

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.


This case is very bad it doesn't look good at all. If not the Governor would involved the man who defended him at the tribunal ie Chief Wole Olanikpekun. See, A lot of legal blunders were committed on the Governor's part. Its only the grace of God that can save Ikpeazu now.

ikpeazoo u are just wastin ur precious time by holdin to power by fire by force. igp ll withdraw ur security aides soon.

AtlanticBreeze:

I think this is the first time, I have ever mentioned you unless you can prove otherwise.. SMH... Progressive indeed.. lol

wonder y u waste ya time replying omenka

precious1967:
ikpeazoo u are just wastin ur precious time by holdin to power by fire by force. igp ll withdraw ur security aides soon.

Gbam

So Ikpazu may have less than a week to reign as a governor.

Bimpe29:
So Ikpazu may have less than a week to reign as a governor.

Gbam

kahal29:


My brother I understand your sentiments and predicament but like I replied you before let me repeat my self again

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.


This case is very bad it doesn't look good at all. If not the Governor would involved the man who defended him at the tribunal ie Chief Wole Olanikpekun. See, A lot of legal blunders were committed on the Governor's part. Its only the grace of God that can save Ikpeazu now.

My brother why waste your time to educate this people who only comment based on sentiments.

Even the grace of God cannot save Ikpeazu. No justice of the Appeal court can Order a stay of execution now.

The truth is that ikpeazu lawyers and supportets are not sharp or smart. The compate a pre- election matter to a post election matter theteby relying on the aealectoral Act.

I strongly believe that by monday ikpeazu will be forced out of office and immediately he will be arrested and prosecuted for forgery.

His Appeal is already Dead on arrival.

Shalom

ever811:
but the people said its him they voted for naa..so which one come be,make him respect himself comot for the seat wey him people give am kwa? we get laws for Nigeria,na him our condition dey like this? nnanawaoooo

so if you never registered for Olympics you should be given gold medal because you can run faster than Usain Bolt

ever811:
but the people said its him they voted for naa..so which one come be,make him respect himself comot for the seat wey him people give am kwa? we get laws for Nigeria,na him our condition dey like this? nnanawaoooo

so if you never registered for Olympics you should be given gold medal because you can run faster than Usain Bolt

or you should be allowed because you came first even if you used drugs

or they should swear a goat or monkey in just because the ppl voted for it

franchizy:


My brother why waste your time to educate this people who only comment based on sentiments.

Even the grace of God cannot save Ikpeazu. No justice of the Appeal court can Order a stay of execution now.

The truth is that ikpeazu lawyers and supportets are not sharp or smart. The compate a pre- election matter to a post election matter theteby relying on the aealectoral Act.

I strongly believe that by monday ikpeazu will be forced out of office and immediately he will be arrested and prosecuted for forgery.

His Appeal is already Dead on arrival.

Shalom

What if the opposite happens, will you knack ur head on the wall and kpuf away?

deantimes:



http://www.thisdaylive.com/index.php/2016/07/02/ikpeazu-no-longer-abia-governor-by-law-says-agbakoba-falana/

OGA FALANA and CO U GUYS lost ur RELEVANCE since the beginning of this BUHARI Government so I don't expect you to speak, U are condemning someone who submitted fake papers and this same u is defending another who don't even have one. what an irony.

ever811:
but the people said its him they voted for naa..so which one come be,make him respect himself comot for the seat wey him people give am kwa? we get laws for Nigeria,na him our condition dey like this? nnanawaoooo

who voted him Is it the election he won with wuru-wuru



The seat is not his papa parlour, let him obey court ruling, Abia state high court can't supersede the ruling of federal high court Abuja

gogodaye:
The truth Lawyers of today would shy away from as they self conceitedly shirk their responsibilities to society as social engineers and officers of truth, equity and justice.
There is no hard and fast rule....that once judgement is entered in a suit, the victor is ordinarily entitled to reap the benefits of such judgment.
However, the adverse party aggrieved is entitled to present an appeal if he so desires on valid grounds so as to have the said judgment reviewed on appeal within the prescribed time frame for the he presentation of a valid appeal.
The filing of an appeal without more ordinarily does not act as a stay of the execution of a judgment, the appellant is expected to file an application seeking orders of the trial court for the stay of the execution of the judgment pending the determination of his appeal.
Upon filing of his appeal he is expected to serve same upon the beneficiary of the judgment, the Sheriff of the Court as well as other necessary agencies and persons who may have been directed to take certain steps in giving effect to the said judgment (in deserving circumstances).
Upon service of all these processes, the court is expected to hear and determine the application for stay by either granting same (on condition) or refusing same.
All the parties are expected to maintain the status quo and not take any step that would foist a situation of fiat accompli on the appellate court.
Any party that decides to take any action having seised of these facts and steps taken by the party appealing does so at his own peril.....as such actions stand the risk of being reversed by the appellate court should its attention be drawn to same.
These processes and procedures are hallowed, basic and elementary.......

Furthermore, the provisions of Section 143 (1) of the Electoral Act, 2010, as amended, provides thus:

"If the Election Tribunal or the Court, as the case maybe, determines that a candidate returned as elected was not validly elected, then if notice of appeal against that decision is given within 21days 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. "

These are strange times indeed in our motherland as well as in the application of ethics in the legal profession......
It is high time, the stern disciplinary measures get applied to both lawyers and the teeming litigants to whom they now fully pledge their allegiance rather than to the higher dictates of justice and the law.....

Your analysis and position is the same with mine.
According to the Electoral law that you have quoted, pending the determination of Ikpeazu's appeal, he remains governor of Abia state. These are strange times indeed. Smh

Lesson learnt from all this avoidable brouhahaha- Always pay your taxes!

Furthermore, the provisions of Section 143 (1) of the Electoral Act, 2010, as amended, provides thus:

"If the Election Tribunal or the Court, as the case maybe, determines that a candidate returned as elected was not validly elected, then if notice of appeal against that decision is given within 21days 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. "

This section of the electoral is so clear.It does not restrict the application strictly to election tribunals or post election cases.I wonder how this zombies reason.