₦airaland Forum

Claroo:
I guess the date is for hearing of Ikpeazu motion for stay of execution, maybe ikpeazu team don wake up from their slumber and filed their processes

Make we wait till July 7
Bros the legal team F up, hopefully a SAN is not part of that team.

They first filed a motion to evacuate the court order; meaning they explicitly asked the court to reverse itself on a judgement it gave few days ago? Why are they wasting their time on frivolous prayers when they should concentrate on stay of execution? Now the stay of execution hearing has been adjourned to Thursday, 7th, leaving the state with no governor at all.

Appeal will be heard on 07/07.
Thursday.
A day after the public holiday. What's next now? As it stands, is Ikpeazu's current occupation of the seat an illegality? And now that the state's judge has found her voice, will/should she swear in Ogah?

Ermm...didn't Justice Abang hear Abia is on a self-imposed holiday? The 'governor' should be resting and cannot be said to be on official duties to officially hear this news.

Claroo:
Present sir
This Abia matter is getting more interesting bro
The normal procedure is to apply for stay of execution from the court that gave the judgment.

Thanks for the enlightenment.

Honestly pdp is a useless party this is how they uselessed nigeria for 16years with their chop chop and back stabbing politics.bunch of criminals

Claroo:
I guess the date is for hearing of Ikpeazu motion for stay of execution, maybe ikpeazu team don wake up from their slumber and filed their processes

Make we wait till July 7
Bros the legal team F up, hopefully a SAN is not part of that team.

SAN or no SAN,the law is the law-

F.N. Nwosu v. Okezie Ikpeazu & Ors.(FHC: Owerri): All Applications taken and heard today, July 4, 2016. Originating Summons also heard.
We, as Counsel to the Governor, brought before the Court all the material particulars of facts needed to clarify the issue of the misconcieved allegations of false tax documents. We also relied heavily on the unchallenged expert evidence (Affidavit) of the Director of the Revenue Board which clarified that the documents were duly issued by the Board and that the entries which have been misconcieved are in line with tax Rules and Regulations. He explained further in the Affidavit that by practice, the day of tax deductions are not the same date the receipts are dated but on the day the tax year ends which is statutorily on the 31st December of every year - be it Sartuday or Sunday. Matter has been ajourned to Friday, July 8, 2016 for Judgment.

ABIA GOVERNORSHIP: STATUS QUO REMAINS AS COURT ADJOURNS HEARING TO THURSDAY
...My enrollment order not enforceable says Justice Abang

Abia State Governor, Dr Okezie Ikpeazu, will remain in office as governor of the state, pending the conclusion of matters in courts.

This was the decision of Justice Okon Abang of the Federal High Court Abuja, who adjourned hearing to Thursday on the application for Stay by Governor Ikpeazu against Abang's ruling in favour of Uche Ogah.

Justice Abang also said that the enrollment order he gave to uche Ogah was not an enforcement order.

He also adjourn hearing on Ogah's application seeking to vacate the order by Justice Chibuzo Ahuchaogu of Abia State High Court, that retrain the Chief Judge of Abia State from swearing in Ogah as governor of Abia State, to Thursday.

Also, a Federal high court sitting in Owerri, has reserved ruling for Friday on a suit filed by Mr. Friday Nwosu against the eligibility of Abia state governor, Okezie Ikpeazu.

For crying out loud, if Ikpeazu has to vacate that seat, Alex Otti is meant to be sworn in as Governor NOT Ogar for crying out loud!

MaziOmenuko:
They first filed a motion to evacuate the court order; meaning they explicitly asked the court to reverse itself on a judgement it gave few days ago? Why are they wasting their time on frivolous prayers when they should concentrate on stay of execution? Now the stay of execution hearing has been adjourned to Thursday, 7th, leaving the state with no governor at all.

Exactly bro
In my opinion,ikpeazu legal team should av done the following
1. File a motion exparte for stay of execution pending the hearing of the motion on notice for stay of execution.
2. Attached an affidavit of urgency alongside a written address supporting their application.
3. If such exparte application was granted by the court, such order shall be accepted by INEC and inec won't have a choice than to obey the court order to maintain status quo
4. Then come to court on July 7 to move their application; motion on notice for stay of execution before Justice Abang.
#MYOPINION

Someone is already calling me an APC Agent

Claroo:
I guess the date is for hearing of Ikpeazu motion for stay of execution, maybe ikpeazu team don wake up from their slumber and filed their processes

So what is the implication with respect to the legitimate occupant of the seat?

MaziOmenuko:
When?

This news sounds somehow. Did Ikpeazu's legal team go back to Justice Okon Abang again? Shouldn't they be fighting for a Stay of Execution from a higher court abi no appeal court open shop today?

This news is really strange. I will await the full version.

Stay of execution must first be brought to the lower court that delivered the judgment... so they've got no choice in that regard. the only option is to bring the application to the Court of Appeal.... some little procedural aspect that may sound unreal for non-lawyers

every post na double double. from chairman to governor PDP I hail o

What kind of a dis is dis**winks* the justice really nid alcohol before him go handle d mata... Simple a b c d, don turn maths.. He presented an invalid reciept during the swearing-in, d law dont care if it is mistake or wit consent

MadamExcellency:
What is the meaning of this closing paragraph?

The suit has been adjourned to July 7.

What is the Judge going to rule on the said date? Are they maintaining the status quo until the application for stay of execution is ruled on?

From my understanding, the Judge refused to backtrack on the issuance of certificate of return and not the stay of execution which he will later rule on 7th July, 2016

You got it cause from news creeping in, ikpeazus legal team actually asked for the adjournment ...

buksaylor001:
SAN or no SAN,the law is the law-

Surely,the law is the law. I'm just saying a SAN would likely have done a better job in respect of ensuring Ikpeazu is still on seat pending the appeal.

TonyeBarcanista:
So what is the implication with respect to the legitimate occupant of the seat?

No governor for now since Ogah has not been sworn in, ikpeazu has been removed. Let's wait till Thursday or till when the CJ Abia wl come out to swear in Ogah

TonyeBarcanista:
So what is the implication with respect to the legitimate occupant of the seat?

Since tomorrow and next tomorrow is public holiday, Status quo will be maintained till thursday when the case of stay of execution will be tabled and ruled on....
From what I have gathered, ikpeazus legal team actually pleaded for the adjournment so as to come up with a strong defense...
However , All roads lead to the abuja federal high court come Thursday.....
The suspense keep rolling in...

Nobody can 'guy' Nwa'Aba...Ikpeazu no1 NwaAba! Okeezie ikpeazu nwa'aba!

TamedWolf90:
Since tomorrow and next tomorrow is public holiday, Status quo will be maintained till thursday when the case of stay of execution will be tabled and ruled on....
From what I have gathered, ikpeazus legal team actually pleaded for the adjournment so as to come up with a strong defense...
However , All roads lead to the abuja federal high court come Thursday.....
The suspense keep rolling in...

I wonder what a strong defense to a prayer for stay of execution will sound like.

Are they going to tell the Judge that Ikpeazu will not be able to fund the appeal proceedings if he vacates office right away? Or that he will fall sick if another person is sworn in while he pursues his appeal?

Interesting times lie ahead.

Claroo:
Ogah will be the legitimate governor for now,pending the grant of stay of execution/appeal by Ikpeazu.

Are you talking from legal perspective or sentiment? (just asking).

What is the implication should the state CJ or any othrr Abia judge insist on not swearing him in?

MaziOmenuko:
When?

This news sounds somehow. Did Ikpeazu's legal team go back to Justice Okon Abang again? Shouldn't they be fighting for a Stay of Execution from a higher court abi no appeal court open shop today?

This news is really strange. I will await the full version.

I don't know the real story but legally you apply for stay in the court that gave a ruling or judgment and you file a copy of the appeal with it. The motion for stay and grounds of appeal may persuade the court to grant the stay. Of course you would have filed a notice of appeal and subsequently your grounds of appeal at the appellate court.

TonyeBarcanista:
Are you talking from legal perspective or sentiment? (just asking).

What is the implication should the state CJ or any othrr Abia judge insist on not swearing him in?

Na mistake, I don modify my earlier post jare

That is a clear contempt of the court by the CJ if he/she refused to swear in Ogah. However if the motion for stay is granted by Justice Abang on Thursday,then nothing do the CJ

Claroo:
Na mistake, I don modify my earlier post jare

That is a clear contempt of the court by the CJ if he/she refused to swear in Ogah. However if the motion for stay is granted by Justice Abang on Thursday,then nothing do the CJ

So in the eyes of the law Abia has no substantive Governor but a Governor-elect and a 'fmr' Governor?(in your own opinion)

2. Are you inferring that the madam CJ may be liable for contempt?

Claroo:
The normal procedure is to apply at the trial court and when such application is refused. You have within 15 days of such refusal to apply to the Court of Appeal.

Bros which script is the Judge acting on and who is the Director

B stay of execution procedure 1,2,3,4 obviously favours Gov Ikpeazu and CJ Abang knows this and will grant it by Thursday but b4 then all roads leads to his office n secret banks accts... Don't u think I wish d CJ is Tonybar's cousin or Claroo?

Newmanluckyman:
Let justice be served no matter whose ox is goard. My problem with this judgement is that a criminal case of this magnitude has been established but there is no clause for immediate prosecution. If a poor man defraud a govt by not paying his taxes heaven will let loose. #justicemustbeserved.

Do you know how to read at all or you just jumped into the issue without bieng aware of the facts? Ikpeazu didn't defraud the government since his tax has already been deducted! The issue here is the tax papers allegedly forged of which the issuers have already cleared the air that it wasn't fake! Pls try to know what you are commenting on to avoid embarassing yourself in public. Thanks!

wildQuincy:
Do you know how to read at all or you just jumped into the issue without bieng aware of the facts? Ikpeazu didn't defraud the government since his tax has already been deducted! The issue here is the tax papers allegedly forged of which the issuers have already cleared the air that it wasn't fake! Pls try to know what you are commenting on to avoid embarassing yourself in public. Thanks!

... My dear why can't you preach this sermon to that competent court that gave that judgement?

All this APC guys jubilating don't even understand jack about this judgement.. SMH for you people.. Justice Olin Abang knew that he gave a biased judgement and is likely to be revised in appeal court hence, he is already looking for soft landing via undertable negotiation.. The

Abia IRS coming out to clarify that the tax certificate is genuine nailed the coffin so, Ikpeazu is going no where because the stay of execution will be granted on Thursday and Ikpeazu will go ahead to win at the appellate court.

Ask yourself, why is law enforcement agencies n FG foot dragging on executing the court order? It's because they knew that justice Abang gave a biased judgement so, FG don't want to mess themselves up in the case. Even the AGF is courtous in his press release.

who wants to bet? Ikpeazu will come out of all this...victorious?....


it may play out like this.....abang okon grants the stay of execution on Thursday,
the Federal High Court owerri rules in favour of ikpeazu on the same day ( note Abia board of internal revenue has clarified the issue in contention)...........then........we l wait for okezie's appeal judgement and FN nwosu's appeal (which is very unlikely)........... who wants to bet? 100k

MaziOmenuko:
I wonder what a strong defense to a prayer for stay of execution will sound like.

Are they going to tell the Judge that Ikpeazu will not be able to fund the appeal proceedings if he vacates office right away? Or that he will fall sick if another person is sworn in while he pursues his appeal?

Interesting times lie ahead.

I have no clue either bro.... Surely interesting times lie ahead.... Regardless of how it goes down, it won't cause me to lose sleep...

nwadiuko1:
who wants to bet? Ikpeazu will come out of all this...victorious?....


it may play out like this.....abang okon grants the stay of execution on Thursday,
the Federal High Court owerri rules in favour of ikpeazu on the same day ( note Abia board of internal revenue has clarified the issue in contention)...........then........we l wait for okezie's appeal judgement and FN nwosu's appeal (which is very unlikely)........... who wants to bet? 100k

They knew that the judge gave a biased judgement hence, they were in a hurry to smuggle Ogah into the government house but Ikpeazu played a fast one on them as new aba guy

franchizy:
Where are those chare and bail lawyers quoting the electoral Act.

Ikpeazu's legal team never put a good fight.

As far as im concerned Uche ogah will be sworn iin any moment from now.

I advice ikpeazu to demand for the professional fees paid to his legal team.

Abeg o, what happens to Alex Oti that came second in the general election? Abi na pdp primary election we go use choose the governor of Abia?