The absence of the Abia Chief Judge, Justice Theresa Uzoukwu, has stalled the expected inauguration of Samson Ogah as the new governor of the state.

The Independent National Electoral Commission (INEC) had earlier on Thursday, issued Ogah a Certificate of Return, thus withdrawing the one that earlier by Gov. Okezie Ikpeazu and paved the way for the swearing of Mr. Ogah.

INEC said its action was in compliance with an Abuja Federal High Court judgment ordering Mr. Ikpeazu to immediately vacate office.
In his ruling, Justice Okon Abang had on Monday made a consequential order ordering Mr. Ikpeazu to vacate office‎ as Abia Governor based on the revelations that he did not pay his tax for the years 2011, 2012 and 2013, as at when due when he was a public officer.

More: http://nigerianpilot.com/ogahs-inauguration-governor-stalled/

The Abia state CJ will never swear in Uche Ogah until the supreme court rules on this matter.Only zombies expected an inauguration today.

The Only state with two Governor.

Let's the drama keep un-folding

Waiter!!! Gimme Heineken

It is just a matter of time and he will be sworn in....as it stands now , Abia State does not have a governor but a governor in waiting....In the eyes of the Law, Ikpeazu is holding onto a worthless paper as a certificate of return...the Original and legally recognized Certificate of return is with Mr. Uche Ogah.

Morever....I expect Uche Ogah, ro immediately write all tge banks not any Cheque presented bu the present illegal govt. Until he is sworn....

NgeneUkwenu:
It is just a matter of time and he will be sworn in....as it stands now , Abia State does not have a governor but a governor in waiting....In the eyes of the Law, Ikpeazu is holding onto a worthless paper as a certificate of return...the Original and legally recognized Certificate of return is with Mr. Uche Ogah.

Morever....I expect Uche Ogah, ro immediately write all tge banks not any Cheque presented bu the present illegal govt. Until he is sworn....

Lolz Ikpeazu is still exercising his powers as Governor dear. In the light of the amended electoral act.There is no way the supreme court would order Ogah to be sworn in. If anyone is to benefit from this, that would be Alex Otti

In the eyes of the law, Ikpeazu will remain Governor until his appeal is exhausted

NgeneUkwenu:
It is just a matter of time and he will be sworn in....as it stands now , Abia State does not have a governor but a governor in waiting....In the eyes of the Law, Ikpeazu is holding onto a worthless paper as a certificate of return...the Original and legally recognized Certificate of return is with Mr. Uche Ogah.

Morever....I expect Uche Ogah, ro immediately write all tge banks not any Cheque presented bu the present illegal govt. Until he is sworn....

For your mind.

cktheluckyman:

Lolz Ikpeazu is still exercising his powers as Governor dear. In the light of the amended electoral act.There is no way the supreme court would order Ogah to be sworn in. If anyone is to benefit from this, that would be Alex Otti

In the eyes of the law, Ikpeazu will remain Governor until his appeal is exhausted

That ammended section of the electoral act had been rendered null and void by the courtroom since 2010..Chukwudi try to learn..

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

A Federal High Court in Abuja, yesterday, ordered election petition tribunals sitting across the federation to ignore provisions of section 140(2) and 141 of Electoral Act 2010, saying it was vague, unconstitutional and a deliberate attempt by the legislative arm of government to usurp powers of the judiciary.

Nullifying the two sections, the high court equally gave election tribunals nod to declare a candidate winner of any disputed election process brought before it, stressing that provisions of the aforementioned sections were inconsistent with both section 239 and 285 of the 1999 Constitution as amended.

It would be recalled that the National Assembly, in amending the Electoral Act, divested from courts the power to declare any candidate the bonafide winner of a disputed poll, stipulating that appropriate action the court or tribunal could take in such situation was to nullify the election and order a fresh one.

Dissatisfied with the decision, Labour Party, LP, went to court to challenge its constitutionality. The plaintiff joined Independent National Electoral Commission, INEC, and Attorney General of the Federation, Mohammed Bello Adoke, SAN, as defendants in the suit.

However, the two defendants, who were represented in court by Mrs. Patience Osagiede Ofeyi and Ms Olufunke Aboyade, respectively, joined the plaintiff in asking the court to void those portions of the Electoral Act, contending that it ousted the jurisdiction of tribunals with respect to reliefs that could be granted in an election petition.

Delivering judgment on the matter, Presiding Justice Gabriel Kolawole, maintained that the National Assembly was bereft of legislative competence to dictate to the court decision it should take over a suit filed before it, just as he described section 140(2) and 141 of the Electoral Act, 2010, as an affront on the concept of separation of powers.

He held that the sections smacked off legislative tyranny, in the sense that it removed the constitutionally guaranteed powers of the court to declare a candidate winner of an election, stressing that section 134 and 179 of the same constitution imbued the judiciary with powers to declare the person with majority votes winner of an election process.

He noted that the National Assembly deliberately interfered with judicial affairs, saying the two sections were nothing but legislative judgment.

According to the judge, “Sections 140 (2) and 141 of the Electoral Act 2010 delimits power of the court to adjudicate dispute between parties in Election Petition. It, therefore, derogates powers enshrined in Sections 4 [8] and 6 (1) of the Constitution.

“The decision a court can arrive at in any dispute is based on the peculiar facts and evidences presented before it, it is not what any parliament can technically determine. Once a tribunal is seized with a matter in line with provisions of section 239 and 385 of the constitution, it can no longer reside with the legislature to curtail or abridge the powers of that court.

“I, therefore, find Sections 140 (2) and 141 needless and an unnecessary intrusion, it is my view that election tribunals can operate effectively without these two provisions.

“Consequently, it is hereby declared inconsistent with the provisions of the 1999 constitution and, therefore, null and void. The various election tribunals shall not be bound by the provisions of Sections 140 (2) and 141, it is thus accordingly struck-down, same being unconstitutional.”

The plaintiff had in an originating summon it filed through its counsel, Chief Chuwkuma Ekomaru, SAN, prayed the high court to invoke its jurisdiction and declare that the provisions of the said portions of the Electoral Act were inconsistent with the provisions of sections 6(6a), 134, 179, 285 of the 1999 Constitution as amended.

NgeneUkwenu:


The ammended section of the electoral law had been rendered null and void by the court since 2010..Chukwudi try to learn..

Then go and swear in Uche Ogah since the state CJ hasrefused to swear him in.

Uche Ogah would continue carrying an ordinary piece of paper while Ikpeazu continues as Governor

@Ngeneukwenu,
why is this dude always jumping up and down like Matomys natalensis(lassa fever rat)on any matter concerning rancor in PDP. When have you suddenly become an over interested member of PDP that is crying more than the bereaved.
Ali Modu sheriff an Apc mole in PDP rancor .You have always being cerebrating it like your life,successes, good health and prosperity are tied to it.Now you have ported to Uche ogah and ikpeazu legal tussle.Don't you have a life and future to build rather than seeing to another man's down fall.To What end will this be to you.
The economy of this country is suffering with gross and palpable hardship.No thanks to your Hero,Buhari.You always loss your voice on such matter of imminent importance
For the Abia state leadership confusion.You and I understand INEC is acting a stripe written by some forces aiming at destabilise the state.Once a ruling had being made by a court.The affected individual is given a 21 days to react to the ruling of the court by way of appealing and stay of execution.But INEC hurriedly issue certificate of return and your likes are here clapping for them.

The drama keeps getting interesting. The Chief Judge has been prevented from leaving her house since morning. Ikpeazu declared a public holiday today forgeting that even Buhari was sworn in on a public holiday.

[s]

NgeneUkwenu:
It is just a matter of time and he will be sworn in....as it stands now , Abia State does not have a governor but a governor in waiting....In the eyes of the Law, Ikpeazu is holding onto a worthless paper as a certificate of return...the Original and legally recognized Certificate of return is with Mr. Uche Ogah.

Morever....I expect Uche Ogah, ro immediately write all tge banks not any Cheque presented bu the present illegal govt. Until he is sworn....

[/s]
Ogbonna how far naa
it's been a long time dude

MaziOmenuko:
The drama keeps getting interesting. The Chief Judge has been prevented from leaving her house since morning. Ikpeazu declared a public holiday today forgeting that even Buhari was sworn in on a public holiday.

Stop peddling lies.Who prevented the state CJ from leaving her house? There is a court injunction stopping the swearing in of Ogah and she is only obeying the court order.

cktheluckyman:

Lolz Ikpeazu is still exercising his powers as Governor dear. In the light of the amended electoral act.There is no way the supreme court would order Ogah to be sworn in. If anyone is to benefit from this, that would be Alex Otti

In the eyes of the law, Ikpeazu will remain Governor until his appeal is exhausted

.....Ogah and his legal team are very funny people, that he was issued a certificate of return does not mean he is now Abia state Governor, The speed Alex Otti will use & file an injunction against them if he is sworn in, will shock them, did he participate in the gubernatorial election, his quest stopped at party primary, what that kangaroo Judge should have ruled for was a fresh election in Abia state, and disqualifying PDP from participating, THAT IS IF AFTER CAREFUL INVESTIGATION, it was proven beyond reasonable doubt that Okezie defaulted.....

N.B: I stand for no party, I stand for law, and being an Ngwa girl means I gat no hatred for my people (Ngwa)......Ndi Oke madu no na 'Nairaland' Mazii

k