A High Court of Abia State has stopped the Chief Judge of Abia State,
the President of the Customary Court of Appeal in the state and any
other judiciary officers in the state from swearing in Uche Oga as
governor.
The order, given by Justice Chibuzo Ahuchaogu Thursday, reads: “Upon
this motion ex-parte pursuant to section 143 (1) & (2) of the
Electoral Act 2010 (as amended) and pending the determination of the
motion on notice, after hearing O.O Nkume, counsel to the applicant.
“It is ordered that an order of injunction is hereby made
restraining the 2nd defendant (INEC) from issuing a certificate of
return to the 1st defendant (Ogah) while the claimant (Ikpeazu) remains
in office in accordance with section 143 (1) & (2) of the Electoral
Act 2010 (as amended) and pending the determination of the motion on
notice.
“It is further ordered that the 3rd defendant (chief judge of Abia
State) or any other judge of the court or any judiciary officer are
hereby restricted from swearing-in the 1st defendant (Ogah) while the
claimant (Ikpeazu) remains in office in accordance with section 143 (1)
& (2) of the Electoral Act 2010 (as amended) and pending the
determination of the motion on notice.
“It is also ordered that this order is hereby made to last for 10
days from today. The returnable date is fixed for the 8th day of July,
2016.
“Furthermore, the condition attached to this order is that the
enrolled order must be served along with the motion on notice on
respondents, else he order automatically lapses on 8th July, 2016.”
The court also restricted the Independent National Electoral Commission (INEC) from issuing a certificate of return to Mr. Ogah.
The order reads: “an order of injunction restraining the 2nd
defendant (INEC) from issuing a certificate of return to the 1st
defendant (Ogah) while the claimant (Ikpeazu) remains in office in
accordance with section 143 (1) & (2) of the Electoral Act 2010 (as
amended) and pending the determination of the motion on notice.
“An order of injunction restraining the 3rd defendant (Chief Judge of
Abia State) or any other judge of the court, or any judiciary officer
from swearing in the 1st defendant (Ogah) while the claimant (Ikpeazu)
remains in office in accordance with section 143 (1) & (2) of the
Electoral Act 2010 (as amended) and pending the determination of the
motion on notice.”
Meanwhile, the Governor Okezie Ikpeazu has asked Abians to remain
calm and law abiding, saying that he remained their authentic governor.
A statement by the governor reads: “I have received with concern,
report of the purported issuance of Certificate of Return to Mr. Uche
Ogah by the Independent National Electoral Commission (INEC), as
governor of Abia State, despite the pendency of a notice of appeal and
motion for stay of the execution of the orders made by Justice Okon
Abang of the Federal High Court, Abuja.
“Our laws are clear on this matter. No one may be issued with a
certificate of return let alone be sworn in as governor, when there is a
subsisting appeal and application for stay.
“I want to appeal to Abians to remain calm and law abiding in the
face of this provocation. Unless and until the appellant courts have
conclusively resolved the appeal, the status quo remains; I am still the
Governor of Abia State.”
Mr. Ikpeazu had on Wednesday filed an appeal against Monday’s
judgment of a Federal High Court in Abuja which removed him from office
as governor.
The governor, in a notice of appeal filed by Adegboyega Awomolo
(SAN), raised five grounds of appeal, and asked the Court of Appeal to
set aside the judgment and orders of the high court.
The governor said the Federal High Court lacked the power to order him to vacate the seat of Abia State Governor.
“The trial judge erred in law when he ordered as a consequential
order that the appellant vacates his office as the Governor of Abia
state immediately when there was no jurisdiction in the Federal High
Court to remove, vacate the occupier of the office of the governor of a
state or order the removal of such officer after the unsuccessful
challenge of the result of the election at the Tribunal and swearing in
of the appellant as the governor,” the appeal read.
The governor said the only power, authority and order exercisable by
the Federal High Court was to disqualify the candidate from contesting
the election based on section 31(6) of the Electoral Act 2010.
Mr. Ikpeazu also faulted the judge when he held that he did not pay
his tax for the years 2011, 2012 and 2013, at when due, when he was a
public officer whose tax deduction was under Pay As You Earn (PAYE)
scheme where tax deductions were from the source of his monthly salary
by the tax authorities who isssued all the tax receipts and
certificates.
He said that the Abia State Board of Internal Revenue Services that
issued him tax certificates had not declared the certificates forged
and that the trial court did not invite the issuing authorities to give
evidence in the course of the trial.
Mr. Ikpeazu said the plaintiff, Samson Uchechukwu Ogah, was not a
staff of the Abia Board of Internal Revenue and did not invite any staff
of the board to testify that the tax certificates were forged.
He accused the trial judge, Justice Okon Abang, of violating his
right to fair hearing by embarking on judicial investigation without
giving him (Ikepazu) the opportunity to address the court on the issue.
The document added, “The learned trial judge erred in law when he
held that the appellant presented false information to the Independent
National Electoral Commission by his ingenous meticulous study and
investigation of documents filed in courts in the recess of his
chambers and thereby violated the right of the appellant to fair
hearing.”
The governor said the judge had no duty to investigate the contents
of documents dumped on the court in the recess of his chambers with a
view to helping the plaintiff.
“The decision of the judge which arose from the judicial
investigation without opportunity to the appellant violated the
appellant’s right to fair hearing,”, the appeal said.
Mr. Ikpeazu also rejected the decision of the high court declaring
him unqualified to be nominated at the primary election conducted by his
party.
According to him, INEC Form CF001, which the judge relied on, was not
one of the grounds of qualification to contest the primary election of
PDP.
He said that the judge misconceived the documents presented by the
parties and thereby arrived at a wrong conclusion which occasioned a
grave miscarriage of justice.
Meanwhile, the governor’s party, the PDP has also filed a separate appeal.
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