₦airaland Forum

seunmsg:
Thanks for this. I am also in support of the exhaustion of all the appeal processes before the execution of the court order. I just want it to be done properly under the law as some lawyers have argued that section 143 of the electoral act does not affect judgement on pre-election cases.

The Constitution which is our supreme law, provides for the right to appeal and time within which to do so. Ikpeazu is very much within his rights. If the time given and statutorily guaranteed will not be honoured because Uche Oga is in a hurry to be governor, is d constitutional provision now in vain?

@freeze001, what you posted was Electoral Acts that guides the out come of election, same reason elections tribunals were set up across the country to treat Electoral matters.

Ogar's case was not filed in an election tribunal court, this is a different case as it involves eligibility of ikpeazu to contest a pdp primaries in the first place and so the electoral act you posted up there is not applicable.

I am not a lawyer but I have consulted lawyers for explanation since this is my home state in question here. All lawyers I asked said the same thing: filing an appeal does not translate to stay of execution and a stay of execution cannot be implemented automatically by just filing for it. A date will be fixed for its hearing and u have to prove beyond reasonable doubts why a stay will be granted. You can lobby for accelerated hearing in which case your application will be treated same day, this is where Ikpeazu legal team should have worked on, getting an accelerated hearing.

In conclusion, filing for appeal within the 21 days translate to stay of execution in tribunal courts and criminal cases involving death sentences; however, in this case involving forgery and illegality, ikpeazu will have to get a stay if execution from an appellate court. I am sure his legal team has filed for this and are pressing hard to get it and that's why they are trying to buy time for him with the injunctions.

MaziOmenuko:
@freeze001, what you posted was Electoral Acts that guides the out come of election, same reason elections tribunals were set up across the country to treat Electoral matters.

Ogar's case was not filed in an election tribunal court, this is a different case as it involves eligibility of ikpeazu to contest a pdp primaries in the first place and so the electoral act you posted up there is not applicable.

I am not a lawyer but I have consulted lawyers for explanation since this is my home state in question here. All lawyers I asked said the same thing: filing an appeal does not translate to stay of execution and a stay of execution cannot be implemented automatically by just filing for it. A date will be fixed for its hearing and u have to prove beyond reasonable doubts why a stay will be granted. You can lobby for accelerated hearing in which case your application will be treated same day, this is where Ikpeazu legal team should have worked on, getting an accelerated hearing.

In conclusion, filing for appeal within the 21 days translate to stay of execution in tribunal courts and criminal cases involving death sentences; however, in this case involving forgery and illegality, ikpeazu will have to get a stay if execution from an appellate court. I am sure his legal team has filed for this and are pressing hard to get it and that's why they are trying to buy time for him with the injunctions.

Tell them oh...... Even the stay of execution they are now praying for would be very hard to get because....... Like I argued elsewhere

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.

^^ kahal29 I couldn't agree with u more. Especially in your last paragraph; I wonder what kind of judicial teams he set up to handle his case. It is really bad.

First of all, this isnt an Electoral case and as such, his legal team should have activated his immunity clause which prevents him to be tried on any case of forgery be it criminal or otherwise. If they had done this, the case would have stalled until ikpeazu finishes his tenure. They went to court for a governor that enjoys immunity, that's the height of stupidity.

Then they filed for stay and appeal without pushing for accelerated hearing. How difficult is it to get an appeal court judge to hear your case immediately he sees a credit alert of N13mil in his account? This is not rocket science.

It will be interesting to see how things unfold on Monday. He will have to prove to the court why he will get a stay if it's not health related or an emergency of any sort. The court will just tell him that it's not an emergency, he can come to court from his house, it won't stop them from hearing his appeal nor grant him justice thereafter.

kahal29:
Tell them oh...... Even the stay of execution they are now praying for would be very hard to get because....... Like I argued elsewhere

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.

Then if you are convinced that no court will grant Ikpeazu's stay of execution pray, why then is the said Ogar in a hurry to become governor? That shows that something is fishy.. If the seat belongs to Ogar, he will surely get it at the end but in the main time, Ikpeazu must exhaust all his legal right to the end before vacating office if the higher courts says so. So Ogar should just relax..

MaziOmenuko:
^^ kahal29 I couldn't agree with u more. Especially in your last paragraph; I wonder what kind of judicial teams he set up to handle his case. It is really bad.

First of all, this isnt an Electoral case and as such, his legal team should have activated his immunity clause which prevents him to be tried on any case of forgery be it criminal or otherwise. If they had done this, the case would have stalled until ikpeazu finishes his tenure. They went to court for a governor that enjoys immunity, that's the height of stupidity.

Then they filed for stay and appeal without pushing for accelerated hearing. How difficult is it to get an appeal court judge to hear your case immediately he sees a credit alert of N13mil in his account? This is not rocket science.

It will be interesting to see how things unfold on Monday. He will have to prove to the court why he will get a stay if it's not health related or an emergency of any sort. The court will just tell him that it's not an emergency, he can come to court from his house, it won't stop them from hearing his appeal nor grant him justice thereafter.

Why is Ogar in a hurry to be sworn in? .. Ikpeazu has the right to appeal and that's what he is doing.. If he is doing something illegal, the FG would've directed police IG to evict him from government house.. All this rambling from some lawyers are just interest groups who just want to serve their own selfish interest.

freeze001:
Kindly read section 143 (1)&(2) of d Electoral Act. Let me make it easy for u:

143.(1) 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.

You seem to be a charge and bail lawyer. No experienced lawyer will quote the Electoral Act for pre-election matter.

You can quote the electoral Act from now till enternity, Ikpeazu will vacate office by force.

CyerSeries:
Why is Ogar in a hurry to be sworn in? .. Ikpeazu has the right to appeal and that's what he is doing.. If he is doing something illegal, the FG would've directed police IG to evict him from government house.. All this rambling from some lawyers are just interest groups who just want to serve their own selfish interest.

In a hurry? A case that was constituted since Dec 2014 finally sees justice after 1yr and 7 months and you are saying he is in a hurry? This is a legal battle and as such, any loophole must be exploited, the courts has given him a mandate, the CJ won't come to his house to swear him in, he will keep fighting for it until justice is done.

franchizy:
You seem to be a charge and bail lawyer. No experienced lawyer will quote the Electoral Act for pre-election matter.

You can quote the electoral Act from now till enternity, Ikpeazu will vacate office by force.

The way you have been ranting one would think by now you would have gone to abia yourself to remove Ikpeazu and install Ogah.

Ikpeazu is the one still occupying the seat so the onus is on you to remove him by force.So go ahead and remove him by force and also force the abia state CJ to swear in Ogah

if Ikpeazu is doing something illegal.....the powers that be would have arrested him since last week......so y'all should relax and watch

nwadiuko1:
if Ikpeazu is doing something illegal.....the powers that be would have arrested him since last week......so y'all should relax and watch

Do you know why..... Buhari is a Democrat if na Obj you what would have happened. Buhari is being very careful as not to be seen as a dictator.

http://thenationonlineng.net/abia-stalemate-buhari-awaits-legal-advice-agf/

kahal29:
Do you know why..... Buhari is a Democrat if na Obj you what would have happened. Buhari is being very careful as not to be seen as a dictator.

http://thenationonlineng.net/abia-stalemate-buhari-awaits-legal-advice-agf/

Buhari is unpopular in the east and any stupid action he takes will lead to anarchy in abia state.An appeal has been filed and until that appeal is heard,Ikpeazu will remain Governor.There is nothing Buhari can do about it.

Even your almighty OBJ failed when he tried to use such tactics with the usless Justices Egbo Egbo and Stanley Nnaji to remove Ngige