₦airaland Forum

Familiar strangers. Everyone is paying solidarity visit because he just received federal allocation.

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.

absolute bullderdash. A party's primary is not the concern of the Electoral Act or the Electoral tribunals but of the regular courts and the constitution.

zuma4k:
G 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?

with ur ten naira mentality....the court of law is now a symbol of injustice?...grow up kid!

hi dear.. which team are u supporting dear..

Vendoor:
See Elders oh... Maybe they are charge and pay elders anyway

It is obvious that very big confusion has been created in Abia. I pray that the parties involved be sincere enough to listen to the dictate of reason and rule of law and be humble enough to obey same. What Abia needs now is peace, progress and development and not the present anarchy and impending doom. Long live Abia! Long live Anambra my beloved State! Long live Nigeria! Long live our Muslim Brothers especially my only Alhaji Yusuf! I send you my Happy Eid El-fitr from Awka!

martineverest:
with ur ten naira mentality....the court of law is now a symbol of injustice?...grow up kid!

Are you Okay? And was I referring to you?... Someone between the both of us needs growing up.. But that's definitely not me!

Biafra kwenu!

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.

SIR, section 145 of the electoral act applies when the issue to be determined emanated from the conduct of a general election. Secondly, the above section cited applies where the order to vacate office arose from the decision of a tribunal. Ikpeazu 's removal was from a high court and not a tribunal and so section 145 EA is not applicable.

kahal29:
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.

All this grammar you are blowing will not change anything.Ikpeazu will remain Governor until the supreme court rules.There is nothing anyone can do about it.

God help is in this Nation to know where we are going.

APC will win that ABA GOVERNORSHIP....am 100 percent sure abt that

harrysjones:
hi dear.. which team are u supporting dear..

Morning, If not you ... Who else

Abia is on a long thing!

nice one dear... hw u doing today... gues u enjoying the holiday..

Vendoor:
Morning, If not you ... Who else

harrysjones:
nice one dear... hw u doing today... gues u enjoying the holiday..

Yes dear n you

am gud dear.. just on low key...

Vendoor:
Yes dear n you

iamauxin:
absolute bullderdash. A party's primary is not the concern of the Electoral Act or the Electoral tribunals but of the regular courts and the constitution.

Tell him oh

zuma4k:
Are you Okay? And was I referring to you?... Someone between the both of us needs growing up.. But that's definitely not me!

learn to reason like an adult.

kcnwaigbo:
All this grammar you are blowing will not change anything.Ikpeazu will remain Governor until the supreme court rules.There is nothing anyone can do about it.

My brother and online friend Goodmorn. So you are back... Missed you since Monday. Do you still remember our unfinished business?

Wonders shall never end, they all should enrol to NBA & head straite to court and no fees from Ikpeazu.

........I go read d once wey I fit read den wait for summary comments.
e don te wey lawyers n PDP begin de put confusion for dis country.

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

The major problem Abia State has is T. A. Orji, Ikpeazu is his proxy and that's why he rigged the PDP primaries to favour him. Remove T. A. Orji from the equation and Abians will rejoice.

kahal29:
My brother and online friend Goodmorn. So you are back... Missed you since Monday. Do you still remember our unfinished business?

So what has changed since then? Has Ogah been sworn in? Is Ikpeazu no longer the Governor?

Wetin concern an Igbo man with his traditional ruler? Anyone with an idea of how an Igbo man's mind works would know that this is bullshit.

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.

those are arrows(staff) of death

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.

Being educated is one good thing but being educated and biased makes a silly joke out of your analysis..

@ the bolded

I am not a lawyer though but it baffles me that with your assumed knowledge of the constitution you still can't decipher the fact that the case in question is not about Ikpeazu being Validly elected(which Alex otti has contended and the supreme court given its stand) but him not being qualified to contest that election and which your Section 143 does not cover..as the case may be outright disqualification is his case and no appeal was stipulated in that case..

Chukazu:
those are arrows(staff) of death

Bro you nailed

Na abia pdp be this.forget abia elders

Are this two not from the same party?.. why can't they settle things amicable, must their personal gain come first?

harrysjones:
APC will win that ABA GOVERNORSHIP....am 100 percent sure abt that

abia is the name of the state, umuahia is the capital, aba is the commercial hub of abia state, with this, am sure you have been extricated from obscurity, secondly your claim has no valid backup since you had no clue of the name of the state in question, children crawl before they start to walk and not the other way round.

The presence of a certain T.A. Orji in that meeting have eroded whatever sympathy the so called elders will attract from the generality of Abians in their selfish support of Orji's stooge, Okezie Ikpeazu.

kcnwaigbo:
So what has changed since then? Has Ogah been sworn in? Is Ikpeazu no longer the Governor?

You are asking what has changed? Well what has changed is that Justice Abang has refused to vacate his order sacking your boss

http://www.vanguardngr.com/2016/07/abia-my-order-sacking-ikpeazu-stays-justice-abang/

In the eyes of the law Ikpeazu is no longer the Governor but Ogah is recognized by law.

Secondly, the stay of execution which you boasted will be ruled on Monday and everything will be over is still hanging in the balance.

Finally, I understand this must be a very difficult period for you but keeping hoping for a miracle...... Inula