₦airaland Forum

Im sympathetic towards ikpeazu. He is struggling. Uche Ogah and his team did their homework and caught him off guard.

Unfortunately, only the court that issued the original verdict can vacate the order.

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

claroo, why are you quoting Adaji's note?

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.

it is easier to file the stay in the same court that gave the order. In that you are sure the application will be heard. If you go to appellate court they may reject and decade to hear the main suit.

Haha? This man go soon cry. His village witches are after him!

TonyeBarcanista:
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?

No substantive governor for now bro
As for madam cj, lets wait till thursday

iamauxin:
claroo, why are you quoting Adaji's note?

Hahaha learned bro,adaji note is correct naa
Av also witnessed such application in High Court Lagos

48noble:
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?

Very likely he wl grant the application
Cousin ke

Justice Okon Abang, you are the unseen hands of Judas Iscariot.

IamPatriotic:
Where do they go from here? since everything about the PDP has become double-double, the state CJ, should swear-in Uchechukwu Ogah at least there are two Chairmen, two aspirants in Edo, two publicity secretaries, two National secretariat, etc, there is nothing wrong in having two state Governors from one state since they're both PDP members.

Everything na double double.......

Suit adjourned.What is the ruse for?

This is a PDP affair...this time, they no see who to lay blame on....lol. PDP vs PDP. Mr Ogah was from APC, PMB name go they headline. HahahahH

I have been praying for a breath of fresh air in Abia state after OUK,T A ORJI and his son IkpeAzu have polluted everywhere with their incompetence,looting of state resources without mercy and godfatherism.They have left Abia state in ruins and I can't wait to see change iin my dear state..(abeg o no be buhari kind of change o)So help us God.

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.

Be patient. I believ ministry of justice is still gatherin evidence for the new charge. Bsides u dnt expect the Judge to deliver judgement on a matter nt b4 him. Wat was b4 the Judge was weda Ikpeazu is qualified to be Abia gvnr.

#saynotogodfatherism

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

Love your permutations Nwadiuko but it's not that easy oh however is worth the try.

First, didn't you notice that the Governor has disbanded his initial legal team that represented him at the trial stage and assembled a new one headed by Wole Olanikpekun cos like I have always said the first one messed up this case and that is why they brought in Wole to remedy the situation.

Secondly, didn't you also notice that the Governors new legal team is trying to correct the mistakes the earlier team made in Oga's case using this NWOSU'S Case. How that will be effectively done is yet to be seen maybe this weekend will tell.

Finally, don't forget the other party is watching and also calculating. They did their homework well and caught them off guard.

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.

You are correct to some extent. But to some other extent, you are not totally correct. The correct position is that where an appeal has been entered in the Court of Appeal against the judgment of a trial court, ALL applications partaining to case must be made to the Court of Appeal, because at that stage, it is taken that the Court of Appeal has become seised of the matter & the High Court at that point ceases to have jurisdiction over the case. See Order 4 Rule 11 of the Court of Appeal Rules. Therefore, if Ikpeazu has filed his Notice of Appeal at the Court of Appeal and the appeal entered, there is really no need applying to the Federal High Court for the Stay of Execution. He should have rather gone to the Court of Appeal to make the application for stay. A similar provision is contained in the S. C. Rules.

kahal29:
Love your permutations Nwadiuko but it's not that easy oh however is worth the try.

First, didn't you notice that the Governor has disbanded his initial legal team that represented him at the trial stage and assembled a new one headed by Wole Olanikpekun cos like I have always said the first one messed up this case and that is why they brought in Wole to remedy the situation.

Secondly, didn't you also notice that the Governors new legal team is trying to correct the mistakes the earlier team made in Oga's case using this NWOSU'S Case. How that will be effectively done is yet to be seen maybe this weekend will tell.

Finally, don't forget the other party is watching and also calculating. They did their homework well and caught them off guard.

wole olanipekun has always represented okezie at least since this governoship stuff but.....yeah I agree the previous legal team wasn't up and doing.........so you wanna bet?

Chosen1984:
IF COURT REFUSE, NA ME GO GIVE AM?

Gbam!

I believe the case we end somewhere

NICENEDU29:
You are correct to some extent. But to some other extent, you are not totally correct. The correct position is that where an appeal has been entered in the Court of Appeal against the judgment of a trial court, ALL applications partaining to case must be made to the Court of Appeal, because at that stage, it is taken that the Court of Appeal has become seised of the matter & the High Court at that point ceases to have jurisdiction over the case. See Order 4 Rule 11 of the Court of Appeal Rules. Therefore, if Ikpeazu has filed his Notice of Appeal at the Court of Appeal and the appeal entered, there is really no need applying to the Federal High Court for the Stay of Execution. He should have rather gone to the Court of Appeal to make the application for stay. A similar provision is contained in the S. C. Rules.

You are very much correct bro, that was why I used the word 'Normal Procedure'. Thanks for the addition.

NICENEDU29:
You are correct to some extent. But to some other extent, you are not totally correct. The correct position is that where an appeal has been entered in the Court of Appeal against the judgment of a trial court, ALL applications partaining to case must be made to the Court of Appeal, because at that stage, it is taken that the Court of Appeal has become seised of the matter & the High Court at that point ceases to have jurisdiction over the case. See Order 4 Rule 11 of the Court of Appeal Rules. Therefore, if Ikpeazu has filed his Notice of Appeal at the Court of Appeal and the appeal entered, there is really no need applying to the Federal High Court for the Stay of Execution. He should have rather gone to the Court of Appeal to make the application for stay. A similar provision is contained in the S. C. Rules.

I still doubt whether Okon Abang would grant that stay oh cos that judge that tough man oh. This might be settled at the Court of Appeal.

[quote author=MaziOmenuko post=47199922]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?

My brother abi may be the public holiday he declared in abia follow affects court of appeal that made them not to open shop

God has the final say! Oh man be careful.

IamPatriotic:
Where do they go from here? since everything about the PDP has become double-double, the state CJ, should swear-in Uchechukwu Ogah at least there are two Chairmen, two aspirants in Edo, two publicity secretaries, two National secretariat, etc, there is nothing wrong in having two state Governors from one state since they're both PDP members.

They can easily go to The nearest state and get one. simple n clear

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.

Hmmmm

Noneroone:
you can apply for stay of execution from the court or court of appeal. Ikpeazu applied at the court of appeal so i dont know where this information is coming from.

But this 'order' show that the judge is acting out a script and should be cautioned.

never. you go back to the same court and ask for a stay of execution, then you can go and.appeal. thats the procedure.

@Leopard2A7, awaiting your opinion, please.

i really hate talking about politicians..der is no need fr judicial arm in de state since de er been controlld by d executives.wich way my fatherland?

lalasticlala pls direct me to the group where I can meet my fellow saxophone players,or create a thread fr us thanks.......signed Lai lalast.

RE-ALLEGED PRESENTATION OF FALSE TAX CLEARANCE
CERTIFICATE BY DR OKEZIE VICTOR IKPEAZU TO INEC:
THE SACRED FACTS/TRUE POSITION BY ABIA STATE
INTERNAL REVENUE SERVICE.
The attention of the Abia State Internal Revenue Service has
been drawn to a court judgement of the Federal High Court
Abuja on the tax clearance certificate issued to Dr. Okezie
Victor Ikpeazu by the Service, and hereby makes the
following clarifications:
1. That the tax clearance certificate referred to in that
Judgment was duly issued to Dr. Okezie Victor Ikpeazu by
the Service, and was therefore not fake.
2. That the taxes for the years 2011,2012 and 2013 were
PAYE taxes deducted at source from his personal
emoluments by his employers (Abia State Passengers’
Integrated Manifest Scheme and Abia State Environmental
Sanitation Authority respectively) and remitted to the service
in the relevant tax years
3. That the dates on the tax receipts of the relevant years
(2011, 2012 and 2013) did not suggest that they were paid
on those dates, but only reflected the date he applied to be
issued with the receipts, because that was when he needed
them.
4. In the same vein the dates on the tax receipts did not
suggest that they were written out on those days. The date
on the receipts only indicates the last day of the last month
of the year, when the PAYE tax payer became entitled to the
receipts, as the receipts could not have carried a date
earlier or later than the 31st December of the relevant tax
year. It is immaterial that it fell on a Saturday, Sunday or
any other day of the week. For example if 31st December
2011 fell on a Saturday, in the month following i.e January,
when the receipts are to be written out, it cannot carry any
date in January 2012 or any other month in 2012.
5. That his taxes having been deducted by his afore said
employers and remitted to the service within the relevant
years will not be said to have been paid on the same day, as
such were paid as at when due. In fact the issue of payment
as at when due does not apply to PAYE taxes because the
tax payer has no part to play in the deduction and
remittance of his PAYE as the same is done by his
employer. Where there is failure to deduct and remit PAYE
taxes, it is the employer and not the tax payer that is liable.
See LSIRS and Seven Up Bottling Company reported in year
2000.
Having stated the facts as they are above, we make bold to
say that the tax returns filed by Dr. Okezie Victor Ikpeazu to
his party (Peoples Democratic Party) were neither false nor
fake and cannot be said to amount to fraudulent payment of
taxes.
Consequently, we affirm that both the Tax Clearance
Certificate and the tax receipts referred to in the afore said
judgment were the documents of Abia State Internal
Revenue Service because same was authored by the Service
as the authority empowered by law to do so.
Finally, we state emphatically for the records and for the
attention of the general public that we were never invited
(subpoenaed) by the court or the plaintiff, Dr. Uchechukwu
Ogah during the pendency of the subject suit that led to the
judgment in Dr. Okezie Ikpeazu’s tax matter to state the
authenticity or otherwise of the tax papers in issue.
Udochukwu G. Ogbonna
Executive Chairman.


Cc

Tonyebarcanista
Nwaduko1
Nicenedu29
MaziOmenuko

www.abiastate.gov.ng/news/re-alleged-presentation-of-false-tax-clearance-certificate-by-dr-okezie-victor-ikpeazu-to-inec-the-sacred-factstrue-position-by-abia-state-internal-revenue-service/

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

nwadiuko1:
wole olanipekun has always represented okezie at least since this governoship stuff but.....yeah I agree the previous legal team wasn't up and doing.........so you wanna bet?

You too like betting sha

cosade:
You too like betting sha

seriously