Abia Court Ruling on Gov. Ikpeazu Forgery, What you should know.

Discussion in 'Igbo Talk' started by izu, Jul 1, 2016.

  1. Izu

    Izu Admin Staff Member

    "For the avoidance of doubt, the order of Justice C H Ahuchaogu of the High Court of Abia State made yesterday is as valid and subsisting as the one made by Justice Okon Abang of the Federal High Court.
    Please note that a Federal High Court is not in any way superior to the High Court of a State or of the FCT. They are all courts of coordinate jurisdiction. The qualifications for appointment into both courts are one and the same.
    Take note too that the High Court of Abia State did not sit on appeal over the decision of the Federal High Court. It only responded to a valid application made before it to halt a grave constitutional misnomer.
    The jurisdictional conundrum that exists between the State High Court and the Federal High Court has not been conclusively resolved for while the federal high court is a court of exclusive jurisdiction, state high courts are courts of unlimited jurisdiction.

    While it can be argued that S.272 of the 1999 Constitution which prescribes the jurisdiction of the State High Court makes it subject to S. 251 thereof which creates the Federal High Court, the attitude of our courts have so far shown that there is indeed nothing magical about the exclusivity of the jurisdiction of the federal high court.
    One clear instance is that while the federal high court exercises exclusive jurisdiction in matters involving the operation of agencies of the federal government, our courts in a long line of cases have shown clearly that the mere mention of an agency of the federal government on the face of the court process does not automatically oust the jurisdiction of the state high court in the matter.
    In such circumstances, the court has a duty to look beyond the parties and pry into the subject matter of the action in determining jurisdiction.

    It is settled law that in cases of simple contractual disputes, the state high court has jurisdiction even when one of the parties is an agency of the federal government.
    A fortiori, if the jurisdiction of a state high court can be successfully invoked by a mere contractual claim, it would follows therefore by natural implication that it would be lugubrious to suggest that a claim which bothers on the breach of a constitutional right like the right of appeal cannot invoke the jurisdiction of a state high court.
    Every judicial officer, upon his appointment, subscribes to the Judicial Oath contained in the Seventh Schedule to the 1999 constitution and one of the duties of a Judge is to preserve, defend and protect the Constitution of the Federal Republic of Nigeria.

    Therefore, the order of the High Court of Abia State which seeks to preserve the provisions of the Constitution are spot on, valid and subsisting.
    Any person who feels aggrieved thereby should do the needful and approach the Court of Appeal.
    This is a country run on the dictates of law and order.
    This is a constitutional democracy." - Onyebuchi Ememanka
    ....................................
    Now here are the issues you need to avert your minds to:
    1. What would have been lost by waiting for the appeal process to be completed?
    2. Why did INEC lie that they did not receive the notice of appeal when indeed they received and signed for it on Wednesday before issuing certificate? Does that not establish conspiracy?
    3. Confronted by a gang that obviously want to conspire against your confirmed mandate what will you do? Raise up your hands and say "here I am take me"? We are waiting for them.
    4. Why did Justice Okon Abang refuse to release the CTC of a judgement he delivered on Monday with flair and joy to the extent of claiming to have turned private investigator?
    Evil will not prevail because good men will not keep silent. If after Supreme Court Sampson Ogah wins he should be sworn in. But he ain't becoming governor of Abia State at the expense of Abia blood and good conscience.
    JOK
     

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