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Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu - Politics - Nairaland

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Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by OKDnigeria: 10:39pm On Jul 05, 2016
Abia State elders and traditional rulers have described the issuance of Certificate of Return to Mr. Uche Ogah by the Independent National Electoral Commission (INEC) on the order of Justice Okon Abang of the Federal High Court Abuja, as perverse and reckless.
The elders, who declared their full support for Governor Okezie Ikpeazu, appealed to Abians and every interest group in the tussle for leadership of the state, to remain calm for the good of the state.

Addressing journalists on Monday in Abuja, Chief Onyema Ugochukwu, who read the communique of a meeting they held at Asokoro, home of Prince Vincent Ogbulafo in Abuja, commended the Attorney General of the Federation and Minister of Justice, Abubakar Malami, for his quick and timely intervention which the elders said, has helped to reduced tension in the State.


It reads: “We, the concerned elders of Abia State, worried by the developments in the last five days which threatened to plunge our State into anarchy, violence and bloodshed, met today in Abuja to review the situation”

“We reviewed the judgement of Justice Okon Abang, which was the beginning of the unfortunate crisis and INEC’s decision to issue a certificate of return to our son Dr. Uchechukwu Ogah, which decision exacerbated the crisis.

“We came to the conclusion, unanimously, that Justice Abang’s order to issue a certificate of return to someone who never contested the governorship election against the Electoral Act and well known decisions of superior courts was perverse and reckless and we condemn it in its entirety.”

“We have also noted the unseeming haste of INEC to issue the certificate just a few hours after the Justice Abang order, and in spite of the fact that INEC had been duly served with a notice of appeal of the said order and the motion for a stay of execution.


“We are worried by the impression created of a conspiracy involving INEC to throw Abia into confusion and anarchy.

“We condemn in very strong terms the attempt to set Abia on fire and create a situation which can only compound the problems which our country is currently having to bring an end to violence in the North East and Niger Delta.

“We have also noted with appreciation the intervention of the Attorney General of the Federation, Malami, who has urged all parties to follow the rule of law and wait the conclusion of proceedings in the appellate courts.

“We join in this appeal for peace and urge all parties involved in this matter to calm down and await the conclusion of matters at the courts.”

“We also commend our people, the people of Abia who have remained peaceful in the face of recent provocations. We urge them to remain calm and maintain the peace as we wait the courts to conclude their processes”, they said.

The elders stated that they have “faith in the Nigerian judiciary and believe that in the end, Justice will be done.”

They also used the opportunity to commiserate with families of notable Abia citizens who lost their lives recently, among who is Chief Ojo Maduekwe.

“We also discussed our recent bereavement as a people, especially the demise of Ambassador Ojo Maduekwe, just as our state was being thrown into confusion as well as the earlier death of Senator Onyeka Okoroafor.

“We offer our sincere condolences to their respective families and pray that Almighty God will comfort and strengthen them and the State.”

The meeting was attended by notable Abia elders and traditional rulers among who are all the current serving Abia Senators including Former Governor, Theodore Orji, (Abia Central,) Mao Ohuabunwa, (Abia North,) Enyi Abaribe, (Abia South).

Others are Senator Adolfus Wabara, Prince Vincent Ogbulafor, Chief Empire Kanu, Chief Onyema Ugochukwu, HRH, Eze Ngozi Marthias Nwoko, Professor S.O. Igwe, Hon. Uzoma Nkem Abonta, and Professor Herbert O. Orji.

Other monarchs present at the meeting include, HRH Eze J O Akaliro, HRH Eze Dr. Eberechi Dick and HRH Eze P M Okponku, amongst other personalities.


http://dailypost.ng/2016/07/05/someone-who-didnt-contest-election-cant-be-governor-wabara-orji-ogbulafor-others-back-ikpeazu/

Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by engrhorla(m): 10:55pm On Jul 05, 2016
Mmmm
Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by CJERRYEMILEX(m): 11:01pm On Jul 05, 2016
that's good
Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by CJERRYEMILEX(m): 11:06pm On Jul 05, 2016
I don't know why some Nigerians are these confused or should i say mischievous they tend to know the right thing and shout on top of their voices when they are affected and confuse when it happens the way they are against, whether we hate or like something we should always try to stand by the truth irrespective of tribe, religion or party or we risk remaining stagnant. In this Abia state saga am very much astonished that some senior lawyers could stoop so low to say what they are saying when the law which they claim to abide is very clear and unambiguous but need not to apply nothing but a literal rule interpretation meaning. Now Section 143 sub 1 of the electoral Act which guilds the conduct of elections clearly provides "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, not withstanding the contrary decision of the election tribunal or the COURT, remain in office pending the determination of the Appeal". The Law is very Clear irrespective of pre or post election matter, the checking of document for election is an electioneering process and primary election is an election process also monitored by Inec. Now my question is why was Inec so fast in issuing Certificate of return to Dr Uche ogar because this is not the first time a sitting governor is sacked by the court and they Appeal while on sit, does it mean that if the court declares, later this week the third contender Barr Friday Nwosu who first approach the court before Uche Ogar contending that he should be declared governor that Gov. Ikpeazu was not qualify to contest the election and Uche ogar rejected the primary election result and did not accept or sign the result thus should not benefit from what he has rejected, will Inec also issue him certificate of return and if Gov. Ikpeazu wins in Appeal court will Inec also issue him another certificate of return take it or leave it Inec has put confusion in Abia. Let us move away from election does it mean that when ever a trial court sentences one to death for criminal act or murder the person should be executed immediately when his stipulated time for Appeal has not elapsed. Am not siding any party am only voicing out as a concerned Abian because right here in Abia there is tension and clashes. Abians, Nigerians, and the world should hold Inec responsible if, and for anything that happens in Abia.

24 Likes 5 Shares

Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by martineverest(m): 7:56am On Jul 06, 2016
cheap particle traditional leaders...they should take cues from apolitical oba of benin.

6 Likes

Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by zuma4k(m): 7:57am On Jul 06, 2016
They have been warned...
Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by adioolayi(m): 7:58am On Jul 06, 2016
Are they Court of Law Politicians...dey wan collect last minute change grin grin

Same will sing solidarity song for whoever becomes the Governor tomorrow.

2 Likes 1 Share

Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by Nobody: 7:58am On Jul 06, 2016
If Ikpeazu ends up losing and the supreme court affirms Ogah as the governor, expect the same Abia elders to visit him on his first day in office to declare their 'unconditional support' describing him as 'the man the people have been waiting for'.

Bunch of clowns undecided

15 Likes 1 Share

Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by dunkem21(m): 7:58am On Jul 06, 2016
All I know is that God has remembered Abia. wink

3 Likes

Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by Marcelinho(m): 7:58am On Jul 06, 2016
Good development, following Gently

1 Like

Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by Tezboi(m): 7:59am On Jul 06, 2016
Abia!!!!!!!! Hmmmm.......
Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by kahal29: 7:59am On Jul 06, 2016
Which elders....? These are political jobbers and contractors who are feeding fat from the Government of Abia State. See their faces.... Do they look like elders? From Onyema Ugochukwu to Vincent Ogbulafor..... They are afraid of loosing their monthly allocation from the governor so they are battling to save their only means of livelihood. PDP Elders Indeed

5 Likes

Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by geesilver(m): 8:00am On Jul 06, 2016
They only support where they can eat from,we know them.......well.
Happy eid il fitr all muslim ummah

1 Like

Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by Abeyjide: 8:01am On Jul 06, 2016
check their bank account.money is speaking speaking
Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by zuma4k(m): 8:01am On Jul 06, 2016
STALINN:
Never trust all this old so called Chiefs they ain't loyal, they are like hooes and if you think am delusional you can ask Jonathan.
G
martineverest:
cheap particle traditional leaders...they should take cues from apolitical oba of benin.
So the Kings And Elders have no right to Speak for or Against the Injustice currently bedeviling the State and the impending Chaos it may bring. They should just keep quiet... Where do you guys reason from?

5 Likes

Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by Daniel058(m): 8:01am On Jul 06, 2016
I hates it
Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by ogawisdom(m): 8:02am On Jul 06, 2016
Wat a joke, even TA orji is nw a traditional ruler grin

1 Like

Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by Vendoor(f): 8:04am On Jul 06, 2016
See Elders oh... Maybe they are charge and pay elders anyway grin

1 Like

Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by brightlinse(m): 8:05am On Jul 06, 2016
This are the elders that milk abia state dry.

1 Like

Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by Sylvester70(m): 8:05am On Jul 06, 2016
in nnamdi kanu's voice "bunch of hungry red cap idiots" these people remains the problem of igbo land just give them 1bag of rice and 1998 model tokumbo toyota and they will u like zombies.as for me and my family we still remain by alex otti.

2 Likes

Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by Kc3000: 8:06am On Jul 06, 2016
Good.
Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by zuma4k(m): 8:07am On Jul 06, 2016
Sylvester70:
in nnamdi kanu's voice "bunch of hungry red cap idiots" these people remains the problem of igbo land just give them 1bag of rice and 1998 model tokumbo toyota and they will u like zombies.as for me and my family we still remain by alex otti.
Keep on insulting people you'll never reach their Standard whereas, you're on a downward Spiral..

1 Like 1 Share

Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by STALINN: 8:07am On Jul 06, 2016
CJERRYEMILEX:

I don't know why some Nigerians are these confused or
should i say mischievous they tend to know the right thing
and shout on top of their voices when they are affected and
confuse when it happens the way they are against, whether
we hate or like something we should always try to stand by
the truth irrespective of tribe, religion or party or we risk
remaining stagnant.
In this Abia state saga am very much astonished that some
senior lawyers could stoop so low to say what they are
saying when the law which they claim to abide is very clear
and unambiguous but need not to apply nothing but a literal
rule interpretation meaning.
Now Section 143 sub 1 of the electoral Act which guilds the
conduct of elections clearly provides
"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, not withstanding the
contrary decision of the election tribunal or the COURT,
remain in office pending the determination of the Appeal".
The Law is very Clear irrespective of pre or post election
matter, the checking of document for election is an
electioneering process and primary election is an election
process also monitored by Inec.
Now my question is why was Inec so fast in issuing
Certificate of return to Dr Uche ogar because this is not the
first time a sitting governor is sacked by the court and they
Appeal while on sit, does it mean that if the court declares,
later this week the third contender Barr Friday Nwosu who
first approach the court before Uche Ogar contending that
he should be declared governor that Gov. Ikpeazu was not
qualify to contest the election and Uche ogar rejected the
primary election result and did not accept or sign the result
thus should not benefit from what he has rejected, will Inec
also issue him certificate of return and if Gov. Ikpeazu wins
in Appeal court will Inec also issue him another certificate of
return take it or leave it Inec has put confusion in Abia.
Let us move away from election does it mean that when
ever a trial court sentences one to death for criminal act or
murder the person should be executed immediately when
his stipulated time for Appeal has not elapsed.
Am not siding any party am only voicing out as a concerned
Abian because right here in Abia there is tension and
clashes.
Abians, Nigerians, and the world should hold Inec
responsible if, and for anything that happens in Abia.

Your parents never wasted there money on you, am impressed with your write up.

3 Likes 1 Share

Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by ogunsbanjul(m): 8:09am On Jul 06, 2016
Because of T. Orji I will never take them serious. Meanwhile the issue is not about traditional rulers and elders say rather what constitution says. Orji they look for a man who will not expose him. Laughhhhhhhh
Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by bilazego(m): 8:09am On Jul 06, 2016
T A "Global" Orji part of the Abia elders? mmmmmhh. Is he still a member of the Nigerian senate. Haven't heard him yet.
Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by able20(m): 8:10am On Jul 06, 2016
Good idea from the Royal fathers of the state
Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by Hillzy(m): 8:13am On Jul 06, 2016
Ok
Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by spako4(m): 8:13am On Jul 06, 2016
Ikpeazu,don't trust them,moment Ogah is sworn in the so called elders will switch their allegiance.
Re: Governorship Tussle: Abia Elders, Traditional Rulers Back Ikpeazu by kahal29: 8:13am On Jul 06, 2016
CJERRYEMILEX:

I don't know why some Nigerians are these confused or
should i say mischievous they tend to know the right thing
and shout on top of their voices when they are affected and
confuse when it happens the way they are against, whether
we hate or like something we should always try to stand by
the truth irrespective of tribe, religion or party or we risk
remaining stagnant.
In this Abia state saga am very much astonished that some
senior lawyers could stoop so low to say what they are
saying when the law which they claim to abide is very clear
and unambiguous but need not to apply nothing but a literal
rule interpretation meaning.
Now Section 143 sub 1 of the electoral Act which guilds the
conduct of elections clearly provides
"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, not withstanding the
contrary decision of the election tribunal or the COURT,
remain in office pending the determination of the Appeal".
The Law is very Clear irrespective of pre or post election
matter, the checking of document for election is an
electioneering process and primary election is an election
process also monitored by Inec.
Now my question is why was Inec so fast in issuing
Certificate of return to Dr Uche ogar because this is not the
first time a sitting governor is sacked by the court and they
Appeal while on sit, does it mean that if the court declares,
later this week the third contender Barr Friday Nwosu who
first approach the court before Uche Ogar contending that
he should be declared governor that Gov. Ikpeazu was not
qualify to contest the election and Uche ogar rejected the
primary election result and did not accept or sign the result
thus should not benefit from what he has rejected, will Inec
also issue him certificate of return and if Gov. Ikpeazu wins
in Appeal court will Inec also issue him another certificate of
return take it or leave it Inec has put confusion in Abia.
Let us move away from election does it mean that when
ever a trial court sentences one to death for criminal act or
murder the person should be executed immediately when
his stipulated time for Appeal has not elapsed.
Am not siding any party am only voicing out as a concerned
Abian because right here in Abia there is tension and
clashes.
Abians, Nigerians, and the world should hold Inec
responsible if, and for anything that happens in Abia.

I think you are the one who is confused and ignorant on this matter. The above section of the electoral act you just quoted holds for a post election matter and not for a pre election matter.

Agreed that by virtue of Section 143 of the Electoral Act, where the Election Tribunal or Court, as the case may be, determines that a candidate returned was not validly elected, the invalidly elected candidate shall continue to remain in office pending his appeal and is also entitled to remain in office for a duration of 21 days within which he is to appeal.

This provision does not apply to pre-election cases like the instant case of Abia State. Why? The "Election Tribunal" or "Court" referred to in the preceding paragraph is defined in Section 133 (2) of the Electoral Act to be the Court of Appeal where it sits over Presidential or Governorship election petitions and the election tribunal established by the Constitution or the Electoral Act. This interpretation also applies to Section 141 of the Electoral Act which forbids an Election Tribunal or Court from declaring any person who did not fully participate in all stages of the election as the winner of the election.

Mention should be made that the Federal High Court in Suit No. FHC/ABJ/CS1/2011 between Labour Party and Attorney General of the Federation, delivered on 21st July, 2011 had annulled Section 141 of the Electoral Act 2010 (as amended).

http://www.vanguardngr.com/2011/07/court-rejects-sections-of-2010-electoral-act/

https://www.nairaland.com/2720972/clarification-section-140-2-141

Interestingly, the injunctive orders granted by the Abia State High Court in favour of Ikpeazu were made pursuant to Section 143 of the Electoral Act. With due respect to the judge, the orders are not only legally indefensible but amounts to an affront on the position taken by the Supreme Court on the non-applicability of those provisions to pre-election cases. This is another reason why the said injunction cannot command respect.

Both Sections 141 and 143 of the Electoral Act are not applicable to the Federal High Court, the Court of Appeal and the Supreme Court in pre-election cases. Any doubt on this submission can easily be resolved by reference to the recent landmark decision of the Supreme Court in Jev & Anor v. Iyortom & Ors (2015) LPELR-24420 (SC) where the Apex Court pronounced on the issue in vivid terms.

2 Likes

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