The Federal High Court in Abuja on Friday referred the application for stay of
execution of judgement by Gov. Okezie
Ikpeazu of Abia to the Court of Appeal.
The judge, Justice Okon Abang, held that
the decision of the court had hinged on the
concession given to the application by Dr
Alex Izinyon (SAN), counsel to Dr Uche
Ogah.
Abang had on June 27 sacked Ikpeazu as
governor of the state over tax evasion
He, therefore,made a consequential order
compelling the Independent Electoral Commission (INEC), to issue Ogah with the
Certificate of Return which was done.
Following the issuance of the Certificate of
Return as affirmation of one duly elected,
attempt was made to swear-in Ogah as
Governor of the state.
The attempt to reap the benefit of the
judgement was halted by an order of the
Abia State High Court, Osisioma Division.
Ikpeazu also filed a notice of appeal and
stay of execution of judgement at the
Federal High,Abuja, and Court of Appeal,
respectively
Abang had described the process as abuse
of court, but however, held that the position
of Ogah’s counsel made it impossible for
the court to rule otherwise.
He said all the legal cases cited by Chief Wole Olanipekun (SAN), counsel to Ikpeazu
were not compatible with the issue at hand.
"The ruling of the court on July 4 did not form
part of this substantive application.
"All the cases cited by Olanipekun are good
laws but they are not applicable in this very
matter
"It is not also true that Order 4 Rule 10 of the
Court of Appeal strips this court of jurisdiction
as soon appeal is entered against my
decision,’’ he said.
Abang said: "this rule can only be effective if
it is an interlocutory injunction and cannot
work with a final judgment like this one.
"I will live all the motions arising from the
June 27 judgment of the Court for the Court of
Appeal to handle,’’ he held.
On a sister’s case filed by Ikpeazu urging
the court to compel INEC to withdraw the Certificate of Return from Ogah, Abang
dismissed such motion, saying the motion
lacked merit.
The judge said: "I want to affirm the judgment
of the court that returned Ogah as the duly
elected governor of Abia State.
"So it an absurdity for the court to overall an
action that resulted from its decision.
"The issuance of the Certificate of Return to
Ogah was validly done. It was done when the
notice of appeal had not been served both the
judgement creditor and INEC,’’ he said.
The judge further held that ``furtherance to
that, the applicant is ordered to pay Ogah
the sum of N40, 000 as cost
execution of judgement by Gov. Okezie
Ikpeazu of Abia to the Court of Appeal.
The judge, Justice Okon Abang, held that
the decision of the court had hinged on the
concession given to the application by Dr
Alex Izinyon (SAN), counsel to Dr Uche
Ogah.
Abang had on June 27 sacked Ikpeazu as
governor of the state over tax evasion
He, therefore,made a consequential order
compelling the Independent Electoral Commission (INEC), to issue Ogah with the
Certificate of Return which was done.
Following the issuance of the Certificate of
Return as affirmation of one duly elected,
attempt was made to swear-in Ogah as
Governor of the state.
The attempt to reap the benefit of the
judgement was halted by an order of the
Abia State High Court, Osisioma Division.
Ikpeazu also filed a notice of appeal and
stay of execution of judgement at the
Federal High,Abuja, and Court of Appeal,
respectively
Abang had described the process as abuse
of court, but however, held that the position
of Ogah’s counsel made it impossible for
the court to rule otherwise.
He said all the legal cases cited by Chief Wole Olanipekun (SAN), counsel to Ikpeazu
were not compatible with the issue at hand.
"The ruling of the court on July 4 did not form
part of this substantive application.
"All the cases cited by Olanipekun are good
laws but they are not applicable in this very
matter
"It is not also true that Order 4 Rule 10 of the
Court of Appeal strips this court of jurisdiction
as soon appeal is entered against my
decision,’’ he said.
Abang said: "this rule can only be effective if
it is an interlocutory injunction and cannot
work with a final judgment like this one.
"I will live all the motions arising from the
June 27 judgment of the Court for the Court of
Appeal to handle,’’ he held.
On a sister’s case filed by Ikpeazu urging
the court to compel INEC to withdraw the Certificate of Return from Ogah, Abang
dismissed such motion, saying the motion
lacked merit.
The judge said: "I want to affirm the judgment
of the court that returned Ogah as the duly
elected governor of Abia State.
"So it an absurdity for the court to overall an
action that resulted from its decision.
"The issuance of the Certificate of Return to
Ogah was validly done. It was done when the
notice of appeal had not been served both the
judgement creditor and INEC,’’ he said.
The judge further held that ``furtherance to
that, the applicant is ordered to pay Ogah
the sum of N40, 000 as cost
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