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Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) - Politics (2) - Nairaland

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Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by Caseless: 5:23pm On Jul 10, 2016
AngelAhnie:
I'm fine cassy, you are the run awaykiss

I miss you small grin
No, you are! When was the last time I saw you here? embarassed

I miss you , too.

Meet me on my mail page... wink
Re: Let Me Explain What Happened In Courts Today So You Won't Be Misled (abia State) by drss(m): 5:32pm On Jul 10, 2016
umunna:
Let me explain what happened in courts today so you won't be misled

Fed High Court Abuja

At Justice Abang's court, the legal team of Govenor Okezie went there with one objective: remove the matter from the judge and hand it over to the appeal court. They got that.

Of course nobody expected Justice Abang to rule on the stay of execution motion before him when he has taken judicial note of the processes going to the superior Appeal court.

Likewise, Abang cannot rule on the motion by Ogah to vacate the ruling of Abia High court stopping his swearing in. (Note that he and his supporters previously created the impression that the Abia High Court ruling does not matter.) Yet they went to Abang's court and tried to vacate a "useless" order. I dey laugh o.

Summary of events at Abang's court: "as you were" before today remain like that until Appeal court handle the matter.

Of course that aligns with my previous position that in the face of conflicting ruling by two courts of equal powers only the Appeal Court can break the tie at this time and the Chief Judge of Abia is legally in order to choose which conflicting order of court to obey.
She chose to obey the Abia High Court ruling that was served to her earlier. End of discussion.

Owerri Federal High Court.

That court made nonsense of the claim that Governor Ikpeazu forged his tax clearance certificate. That court is exactly same with Abang's court in all material particular in law. He also pronounced Okezie validly elected governor of Abia state.

The plaintiff was FN Nwosu

Now some might try to mislead you that the issues were different because Abang focused on false information while Allagoa ruled on forgery of tax certificate.

Ignore the sophistry.

False information, based on Abang's ruling, arose from Governor Okezie copying out data in his tax clearance form and swearing them to be correct to the best of his knowledge in his PDP nomination form. If you find that his tax clearance certificate was validly issued by the tax authorities (BIR) then you cannot accuse him of giving false information. He gave information supplied by those who should supply it.

End of discussion.

Osisioma High Court

The court gave an initial order that was valid for 10 days. What they did was to extend the order not to swear in Ogah for another 10 days. As long as this order subsists Uche Ogah cannot be validly sworn in.

The only authority that can change that is the Appeal Court. If the appeal court rule that the order from Abang should be enforced immediately the Chief Judge must follow that order because it is coming from a superior court to Abang, Allagoa and Ahuchaogu' courts.

But the appeal court will never give an order that destroys the RES of a matter before them. That will amount to judicial suicide. It is also judicial common sense 101 and Governor Ikpeazu's team knew that and hence decided to arrest the decision of Abang whom they have no confidence in.

The Appeal court will naturally rule to grant stay of execution pending when they will examine the appeal and rule. No brainer.

Umuahia High Court

This court also have same powers as the other two high courts. The difference is that the applicant at that court was PDP as a political party. Not Governor Okezie that approached the Osisioma High Court.

PDP asked the court to stop Ogah from being sworn in as Governor and the court granted the order. They also stopped the chief judge, president of customary court, DSS and co from acting in anyway to swear in Ogah.

Summary
1. Only the Supreme Court can decide who will be Governor of Abia State because whoever loses at the key Appeal court will likely go on appeal to the Supreme Court.

This is exactly the demand I have always made: allow the judicial process to be exhausted up to the Supreme Court and do not attempt a coup in Abia.

2. Governor Okezie Ikpeazu remains the Governor of Abia state unless the Supreme Court decides against him. He is the only duly sworn in person and what Uche Ogah collected from INEC is of no value till after the Supreme Court has ruled.

In fact once Appeal Court grants stay of execution INEC is duty bound to look for Uche Ogah with same speed and haste to retrieve the Nwaorukwu "wonder" certificate.

I pity Lawrence Nwaorukwu and INEC chairman because Uche Ogah will not be easy to find then. Never mind why....

*I invite lawyers to contradict my illiterate legal interpretation of the rulings today. I will read and learn or make puuuuuu.

Lele ndi certificate of certificate of return na certificate of travel!

Mtscheew!

JOK
dis is wat sane lawyers has been saying.

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