₦airaland Forum

TonyeBarcanista:
Check well brother, Courts have done that repeatedly....

For instance, Amaechi Vs Omehia/PDP/INEC 2007

In my opinion, the reason behind the judgement is because since it is believed that the party has won the election and no provision for a Primary after the main election had been concluded, the Justices expressly award litigants beyond their prayers after proving his case that the defendant was unqualified in the first instance being that the supposed runner up(litigant) becomes the legitimate candidate.

TonyeBarcanista:
I have chosen to remain a neutral party in this drama but awaiting the pronouncement of CoA today.

TonyeBarcanista:
I have chosen to remain a neutral party in this drama but awaiting the pronouncement of CoA today.

franchizy:
I had wanted to remain neutral but ikpeazu supporters here does not accept that their principal has a bad case.

it is only the mercy of God and a huge ghana must go bags that can save him.

Comparing a pre election matter to a ost election matter and quoting the electoral Act are my major griev iances.

Just as yaou said, lets wait for the pronouncement of the CoA then we can continue our arguments.

Shalom

MadamExcellency:
Same neutrality is what I am adopting with a little bit of diplomacy where the peace in Abia State is maintained and the tribal division is not widened beyond reconciliation and this is achievable if the supreme court is the one to sack Dr Ikpeazu after he has exhausted his right of fair hearing.

Regards.

franchizy:
I had wanted to remain neutral but ikpeazu supporters here does not accept that their principal has a bad case.

it is only the mercy of God and a huge ghana must go bags that can save him.

Comparing a pre election matter to a ost election matter and quoting the electoral Act are my major griev iances.

Just as yaou said, lets wait for the pronouncement of the CoA then we can continue our arguments.

Shalom

frankline5:
Op you have a point here,bt I see appeal court granting ikpeazu a stay of execution here to forestall crisis in Abia state.

CACAWA:
Please allow me to share my legal opinion via this medium.

The CJ is supposed to swear Ogah in for two reasons:

1. The State High Court lacks powers to halt or suspend a Federal High Court Decision. There is no order for Stay of Execution from the Appeal Court and so there is no reason for her to ignore the action of INEC which she is duty bound to conclude. She is therefore currently in Contempt of a substantive court order.

2. Ogah currently has the certificate of return issued by INEC. Ikpeazu, without such a valid certificate of return now becomes a persona non grata in the governors office and is an inteloper and usurper. The Governor-Elect, Ogah, must be sworn in with immediate effect.

Now to the main issue. Does INEC have the right to issue certificate to Ogah without waiting for an appeal? And why should that be valid?

Fine.

Ogah took three people to court (three defendants); INEC, PDP, and Ikpeazu.

The court said Ogah should have been the governor elect and ruled that he must be immediately sworn in right away.

Out of the three defendants, one decided "I won't appeal, I will agree and obey"..that was INEC.

The other two (Ikpeazu and PDP said they won't agree, they will appeal)

Fine.

But if INEC refuses to appeal, then that judgment is now binding on INEC to invalidate whatever election announcement was made in April 2015 and give it to Ogah. So, INEC, having stopped their own disagreement with the plaintiff, now have every right to comply with the judgment without looking to the Court of Appeal.

Now that Ogah has become the new Governor Elecct. It becomes sensible for Ikpeazu to march to the court of appeal, dragging both OGAH and INEC as Respondents..and even PDP who naturally should also follow INEC in accepting their new candidate...Ogah.

If the CJ refuses to swear the man INEC has now accepted as being anointed, then she is claiming to be loyal to Ikpeazu instead of to whoever has an authentic certificate of return.

Mind you, INEC has every right by law to withdraw a certificate of return from anyone if found to have been in error, and it is your duty to go to court, but that does not invalidate or delay whatever INEC deems fit in the eyes of the law.

The CJ either obeys or risks being petitioned.

MadamExcellency:
There is nothing cited from the posted recommendations that relates to electoral matters hence I don't see what or how it got to do with depriving the litigant the fruit of his Labour since Uche Ogar is not the only one challenging Dr Ikeazu in court on the same matter hence swearing in Mr Ogar as Abia State Governor is not his exclusive right rather disqualify the Governor from being a candidate is.

Secondly, the tradition where a sitting Governor is allowed to exhaust his right to fair hearing while still on the seat has become the norm hence I am of the opinion the Court of appeal will relate this case with Electoral Law proper since it involves elections and seat of Government.

franchizy:
My brother, there is no tight rope here. No way the law can be twisted to favour ikpeazu as this is a pre election matters.

Similar cases like this have been decided by the supreme court.

Moreso the justice of the Appeal court to whom the matter was assigned to has ruled severally in similar cases to favour the Respondents.

I see ikpeazu vacating office today and subsequently he will be arreted to face a case of forgery.

One would have expected ikpeazu to honourable hand over to Uche Ogah and seal a deal with him not to allow him arrested.

I see ikpeazu ending up in jail.

How did you come to the conclusion that it was forged? Have the issuing authority denied that they did not issue the certificate. When did people in government employment begin to decide when to pay their tax? Lets be sensible when we analyse things.

CACAWA:
Please allow me to share my legal opinion via this medium.

The CJ is supposed to swear Ogah in for two reasons:

1. The State High Court lacks powers to halt or suspend a Federal High Court Decision. There is no order for Stay of Execution from the Appeal Court and so there is no reason for her to ignore the action of INEC which she is duty bound to conclude. She is therefore currently in Contempt of a substantive court order.

2. Ogah currently has the certificate of return issued by INEC. Ikpeazu, without such a valid certificate of return now becomes a persona non grata in the governors office and is an inteloper and usurper. The Governor-Elect, Ogah, must be sworn in with immediate effect.

Now to the main issue. Does INEC have the right to issue certificate to Ogah without waiting for an appeal? And why should that be valid?

Fine.

Ogah took three people to court (three defendants); INEC, PDP, and Ikpeazu.

The court said Ogah should have been the governor elect and ruled that he must be immediately sworn in right away.

Out of the three defendants, one decided "I won't appeal, I will agree and obey"..that was INEC.

The other two (Ikpeazu and PDP said they won't agree, they will appeal)

Fine.

But if INEC refuses to appeal, then that judgment is now binding on INEC to invalidate whatever election announcement was made in April 2015 and give it to Ogah. So, INEC, having stopped their own disagreement with the plaintiff, now have every right to comply with the judgment without looking to the Court of Appeal.

Now that Ogah has become the new Governor Elecct. It becomes sensible for Ikpeazu to march to the court of appeal, dragging both OGAH and INEC as Respondents..and even PDP who naturally should also follow INEC in accepting their new candidate...Ogah.

If the CJ refuses to swear the man INEC has now accepted as being anointed, then she is claiming to be loyal to Ikpeazu instead of to whoever has an authentic certificate of return.

Mind you, INEC has every right by law to withdraw a certificate of return from anyone if found to have been in error, and it is your duty to go to court, but that does not invalidate or delay whatever INEC deems fit in the eyes of the law.

The CJ either obeys or risks being petitioned.

hardbody:
One question sir.....

Is the federal high court superior to the state high court? Other than on matters of original jurisdiction on specific items defined as only to be be commenced at the federal high court?

What is the meaning of concurrent jurisdiction of courts in courts hierarchy.

Can an obiter dictum of a federal high court guide a future ratio decidendi of a state high court?

CACAWA:
Please allow me to share my legal opinion via this medium.

The CJ is supposed to swear Ogah in for two reasons:

1. The State High Court lacks powers to halt or suspend a Federal High Court Decision. There is no order for Stay of Execution from the Appeal Court and so there is no reason for her to ignore the action of INEC which she is duty bound to conclude. She is therefore currently in Contempt of a substantive court order.

2. Ogah currently has the certificate of return issued by INEC. Ikpeazu, without such a valid certificate of return now becomes a persona non grata in the governors office and is an inteloper and usurper. The Governor-Elect, Ogah, must be sworn in with immediate effect.

Now to the main issue. Does INEC have the right to issue certificate to Ogah without waiting for an appeal? And why should that be valid?

Fine.

Ogah took three people to court (three defendants); INEC, PDP, and Ikpeazu.

The court said Ogah should have been the governor elect and ruled that he must be immediately sworn in right away.

Out of the three defendants, one decided "I won't appeal, I will agree and obey"..that was INEC.

The other two (Ikpeazu and PDP said they won't agree, they will appeal)

Fine.

But if INEC refuses to appeal, then that judgment is now binding on INEC to invalidate whatever election announcement was made in April 2015 and give it to Ogah. So, INEC, having stopped their own disagreement with the plaintiff, now have every right to comply with the judgment without looking to the Court of Appeal.

Now that Ogah has become the new Governor Elecct. It becomes sensible for Ikpeazu to march to the court of appeal, dragging both OGAH and INEC as Respondents..and even PDP who naturally should also follow INEC in accepting their new candidate...Ogah.

If the CJ refuses to swear the man INEC has now accepted as being anointed, then she is claiming to be loyal to Ikpeazu instead of to whoever has an authentic certificate of return.

Mind you, INEC has every right by law to withdraw a certificate of return from anyone if found to have been in error, and it is your duty to go to court, but that does not invalidate or delay whatever INEC deems fit in the eyes of the law.

The CJ either obeys or risks being petitioned.

DLioness:
CJ is bound by the public holiday declared by the gvnr.

CACAWA:
Please allow me to share my legal opinion via this medium.

The CJ is supposed to swear Ogah in for two reasons:

1. The State High Court lacks powers to halt or suspend a Federal High Court Decision. There is no order for Stay of Execution from the Appeal Court and so there is no reason for her to ignore the action of INEC which she is duty bound to conclude. She is therefore currently in Contempt of a substantive court order.

2. Ogah currently has the certificate of return issued by INEC. Ikpeazu, without such a valid certificate of return now becomes a persona non grata in the governors office and is an inteloper and usurper. The Governor-Elect, Ogah, must be sworn in with immediate effect.

Now to the main issue. Does INEC have the right to issue certificate to Ogah without waiting for an appeal? And why should that be valid?

Fine.

Ogah took three people to court (three defendants); INEC, PDP, and Ikpeazu.

The court said Ogah should have been the governor elect and ruled that he must be immediately sworn in right away.

Out of the three defendants, one decided "I won't appeal, I will agree and obey"..that was INEC.

The other two (Ikpeazu and PDP said they won't agree, they will appeal)

Fine.

But if INEC refuses to appeal, then that judgment is now binding on INEC to invalidate whatever election announcement was made in April 2015 and give it to Ogah. So, INEC, having stopped their own disagreement with the plaintiff, now have every right to comply with the judgment without looking to the Court of Appeal.

Now that Ogah has become the new Governor Elecct. It becomes sensible for Ikpeazu to march to the court of appeal, dragging both OGAH and INEC as Respondents..and even PDP who naturally should also follow INEC in accepting their new candidate...Ogah.

If the CJ refuses to swear the man INEC has now accepted as being anointed, then she is claiming to be loyal to Ikpeazu instead of to whoever has an authentic certificate of return.

Mind you, INEC has every right by law to withdraw a certificate of return from anyone if found to have been in error, and it is your duty to go to court, but that does not invalidate or delay whatever INEC deems fit in the eyes of the law.

The CJ either obeys or risks being petitioned.

maestroferddi:
Why disseminate grievous ignorance on a matter you evidently know nothing about?

kahal29:
How I wish Ikpeazu supporters would appreciate this point that they have a bad case.

CACAWA:
no one stopped you from commenting...try to be civil please

maestroferddi:
You must be a comedian...

You think justice is the nonsense going on in social media. Mark my words, Ikpeazu is going nowhere. Watch as his legal team obliterates the sand castle built by this Ogar character who clearly is being propelled by amateurish APC forces.

How you funny guys are jubilating over a ruling that is yet to undergo the scrutiny of the Court of Appeal let alone the Supreme Court beggars belief.

maestroferddi:
Are you not the one being impolite by presenting your viewpoints to take the semblance of a fait accompli?

MadamExcellency:
Salami did that as Appeal Court judge granting both Fayemi and Aregbesola what they never expressly asked for hence the amendment to pushed the Governorship election litigation to Supreme court.

I believe this judgement has gone beyond judicial interpretation to a political undertone in the presidency where the peace of Abia State is secured by the statuesque and justice is seen to be served and rule of law followed by allowing the Supreme court to make the ultimate decision after Dr Ikpeazu has exhausted all available options according to our laws - His right to appeal while maintaining his seat as the governor.

Teespice:
for starters, stay of execution happens in all civil suits even criminal. electoral matters inclusive.

those screen shots are the laid down principles guiding stay of execution of judgement. applies even In electoral matters.

if as a litigant, I lose a case in the court of first instance, the proper thing to do is to apply for stay of execution of judgment before I file my appeal. this is done so that I do not have to pay any judgment debt which is in this instance ikpeazu vacating office and paving way for Ogar to come in. this is not a question of whether his right to fair hearing has been infringed on as he can be allowed to appeal up to the supreme court.

if I recall correctly, the application of the third person which is nwosu has been thrown out.

this case is in court already. best I don't go further as per the subjudice rule.