Friday, 8 July 2016

Two Governors in a state?...More confusion in Abia as the judgment removing Ikpeazu remains valid unless set aside by the Court of Appeal | Details

The political stalemate in Abia State is becoming an headache to critical
stakeholders. Just like the case of
PDP, courts of equal jurisdiction are
giving conflicting judgements in the
same matter. But the court where the matter originated from is living up to expectations.

A Federal High Court in Abuja
affirmed in two separate rulings on
Friday that the certificate of return
issued to Uche Ogah by INEC, paving the way for him to be sworn in as Governor of Abia State, was valid.

Justice Okon Abang ruled that the
two separate judgments delivered
on June 27, removing Okezie
Ikpeazu as Governor of Abia State
and ordering Ogah to be sworn-in in his stead, could no longer be stayed since INEC had already issued fresh certificate of return to Ogah.

He ruled that the judgment removing Ikpeazu remained valid unless it is set aside by the Court of Appeal. The judge ruled, “The order of the court subsists until set aside by the Court of Appeal.

Therefore, the INEC lawfully issued Certificate of Return to Dr. Sampson Ogah as it was in line with the judgment of this court.” The judge made this declaration in two separate rulings dismissing the
motions for stay of execution filed
by Ikpeazu and the Peoples
Democratic Party with respect to one of the two judgments delivered on June 27.

The June 27 judgments were
delivered in two suits separately filed by Ogah and one Obasi Uba
Eleagbara. While the court refused to hear Ikpeazu’s motion for stay of
execution of the judgment with
respect to the case which was
personally filed by Ogah, the court
dismissed a similar motion filed by the embattled governor and the PDP
with respect to the suit.

With regard to the first case (filed by
Ogah), the judge ruled that he could
not go ahead to hear the motion for
stay of execution since lawyers to
the opposing parties (Ogah and
Ikpeazu) had both submitted that the court no longer had jurisdiction
to hear it because the appeal against the court’s judgment had been entered and appeal number issued.

But the court dismissed the motion
for stay of execution filed by Ikpeazu with respect to the judgment on the case filed by
Eleagbara, on the grounds that it
lacked merit.

Justice Abang also held that since
INEC had issued Certificate of Return
to Ogah, there was nothing left to be stayed. So, effectively, there are two governors with Certificate of Return in Abia until Appeal Court decides.


Read more: SkyNaija Blog

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