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.”
“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.
Source: TodayNG
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