Principles Guiding The Grant Of Stay Of Execution Pending Appeal - Politics (2) - Nairaland
Nairaland Forum › Nairaland General › Politics › Principles Guiding The Grant Of Stay Of Execution Pending Appeal (26857 Views)
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by Nobody: 8:15am On Jul 04, 2016 |
Op you have a point here,bt I see appeal court granting ikpeazu a stay of execution here to forestall crisis in Abia state. |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by kahal29(op): 8:16am On Jul 04, 2016 |
TonyeBarcanista:I concur |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by franchizy(m): 8:17am On Jul 04, 2016 |
TonyeBarcanista: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 yaou said, lets wait for the pronouncement of the CoA then we can continue our arguments. Shalom |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by franchizy(m): 8:18am On Jul 04, 2016 |
TonyeBarcanista: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 |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by TonyeBarcanista(m): 8:26am On Jul 04, 2016 |
franchizy:Honestly, I think parties should concentrate on putting forward stronger arguments in COURT at this stage and not on SM(for now) |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by kahal29(op): 8:34am On Jul 04, 2016 |
MadamExcellency:Hahaha.... Madam I get you wella. It's only people from Abia would understand the point you are making. I share your sentiments, you really made a powerful point. |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by kahal29(op): 8:37am On Jul 04, 2016 |
franchizy:How I wish Ikpeazu supporters would appreciate this point that they have a bad case. |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by kahal29(op): 8:48am On Jul 04, 2016 |
frankline5:Well let's see how it goes but I have my fears.... 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 have 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 cos Grace can undo what the power of law cannot. I wish them well. Shalom |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by dahunsy(f): 12:02pm On Jul 04, 2016 |
Coughs*** clears throat# i was banned coz i say akwa ibom are betrayals ....if i speak of Abians now....who kws |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by greggng: 12:22pm On Jul 04, 2016 |
I thought ikpeazu has immunity why re the prosecuting him? |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by Nobody: 12:59pm On Jul 04, 2016 |
This thread has not gone beyond two pages between the discussion boarders on technicality. Those zombies and wailers stay away because their brainlessness will not cope |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by Cadamlk: 1:10pm On Jul 04, 2016 |
CACAWA:Hmnnn!! Very cogent analysis. You must be a legal practitioner. |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by vakabinto(m): 1:20pm On Jul 04, 2016 |
Those fighting against super-seeding are only scared of been remanded to declare assets |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by tit(f): 1:22pm On Jul 04, 2016 |
the basis of injustice abang's ruling is that ikpeazu did not pay his taxes? is that true? how did the injustice determine that? |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by Teespice(f): 1:39pm On Jul 04, 2016 |
MadamExcellency: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. |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by OGGS2000: 1:50pm On Jul 04, 2016 |
franchizy: |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by Bimpe29(m): 2:43pm On Jul 04, 2016 |
Hmn! Technically Ikpeazu is loosing his seat to Ogah. |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by Caseless: 4:09pm On Jul 04, 2016 |
Hmmmm |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by hardbody: 4:56pm On Jul 04, 2016 |
CACAWA: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? |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by CACAWA(m): 5:33pm On Jul 04, 2016 |
hardbody:Thank you very much for those questions. The federal high court is not superior to the state high court, they are courts of coordinate (equal powers) jurisdiction. They only differ in matters of jurisdiction. For example, federal high court only deals with disputes between federal agencies or federating units, or national matters mainly...including interstate border disputes national crimes like terrorism and treason or matters of national importance however you may choose to classify them... If the court is convinced. State high courts do these same things but involving individuals rather than agencies. E.g murder, land disputes, armed robbery and human rights violations. It can be argued that the state high courts do have a broader (not higher) jurisdiction than the Federal High Court because if you look at it properly, you will notice that almost every dispute has to do with agrieved individuals and have direct correspondence to the laws of a particular state (talking of concurrent legislative list versus exclusive list ). So in some instances...both can sit on a matter..e.g, the issue of Saraki's forgery...the federal high court is sitting on it as a crime against the country, the FCT state high court is sitting on it as a criminal act that occurred in the state. They have equal powers and none is superior to the other.. They are both high courts. I must have answered your question already about concurrent jurisdiction. The fact is that judges are not perfect, they may err in their rulings. Now if you want to challenge the decision of any high court, be it federal or state, you must go to the court of appeal. No other high court wade in to overrule or interptete another high court's ruling. Aside the court of appeal or supreme court, only the same high court judge that made the original ruling can decide to interprete his ruling or issue a stay of execution. Also, on the issue of hierarchy, it means the decision of an appeal court or supreme court, on matters of jurisprudence (i.e interepretation of the law, not otherwise) is binding on any type of high court that is sitting on a case similar to the one being cited. But the decision of another high court, either federal or state cannot be binding onany other high court (federal or state). The high court judge may only be persuaded but cant be compelled to follow it. Finally, on the issue of obiter dictum. The answer again is No. Both courts are equal in hierarchy and they rarely look into similar matters anyway...and by and large, they use different laws and procedures...more so that different states even have different penal codes for example. |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by DLioness(f): 7:57pm On Jul 04, 2016 |
CACAWA:CJ is bound by the public holiday declared by the gvnr. |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by CACAWA(m): 9:23pm On Jul 04, 2016 |
DLioness:lol..so if may 29 falls on a Sunday...I guess there will be no handover ceremony abi? Lol...you are amazing |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by maestroferddi: 2:52am On Jul 05, 2016 |
CACAWA:Why disseminate grievous ignorance on a matter you evidently know nothing about? |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by CACAWA(m): 3:02am On Jul 05, 2016 |
maestroferddi:no one stopped you from commenting...try to be civil please |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by maestroferddi: 3:08am On Jul 05, 2016 |
kahal29: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. |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by maestroferddi: 3:12am On Jul 05, 2016 |
CACAWA:Are you not the one being impolite by presenting your viewpoints to take the semblance of a fait accompli? |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by lonelydora: 5:00am On Jul 05, 2016 |
Biko...is this how lawyers read and pass? Their book is all about references just like the way a pastor quotes the bible. See this see that see this see that....... That's all I see. |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by kahal29(op): 5:03am On Jul 05, 2016 |
maestroferddi:Ya GA zie |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by CACAWA(m): 9:13am On Jul 05, 2016 |
maestroferddi:suit yourself |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by Otapipia: 12:12pm On Jul 05, 2016 |
MadamExcellency:Stop causing confusion. If you cannot continue with a sound academic discussion without imputing illogical sentiments then forget it. |
| Re: Principles Guiding The Grant Of Stay Of Execution Pending Appeal by Otapipia: 12:19pm On Jul 05, 2016 |
Teespice:Are you for real? That you file a stay of execution before a notice of appeal. On what would a party predicate his application for stay of execution if there is no notice of appeal filed first. Please check your Law books carefully to confirm my position. |
BREAKING: Federal High Court Abuja DENIES Ikpeazu A Stay Of Execution! • INEC: Ikpeazu’s Appeal Notice Has No Stay-of-execution Order • Rare Historical Photos Of Execution Of Liberian Cabinet Members After 1980 Coup • 2 • 3 • 4
Ned Nwoko Defends Polygamy, Says Men With One Wife Deserve Pity • They No Longer Beg For Money. They Surround Your Car And Tell You Their Price • Jim Nwobodo Dumps APC, Gives Reasons