Abia governorship confusion deepens…as two courts give conflicting judgements

Okezie Ikpeazu Niyi Odebode, Ade Adesomoju and Ogbonnaya Ikokwu, Umuahia The confusion over the Abia State governorship se...


Okezie Ikpeazu
Niyi Odebode, Ade Adesomoju and Ogbonnaya Ikokwu, Umuahia
The confusion over the Abia State governorship seat deepened on Friday with two federal high courts giving conflicting judgments on the matter.
A  Federal High Court, Abuja refused to vacate its June 27 order  that the state Governor, Okezie Ikpeazu,  should be removed for presenting fake tax documents.
It also held that the certificate of return, which the Independent National Electoral Commission, on June 30, issued the plaintiff in the suit, Uche Ogah, was valid.
But in Owerri, another Federal High Court dismissed a suit filed by another Peoples Democratic Party’s governorship aspirant, Friday Nwosu, against the election of Ikpeazu on the grounds that the governor’s tax documents were forged.
Ruling on the suit, Justice A.I. Allagoa, said Nwosu could not prove that the tax documents were forged.
Justice Okon Abang of the Federal High Court in Abuja had on June 27 ordered the removal of Ikpeazu on the grounds that the tax documents were forged.  He directed that Ogah, who was later given certificate of return by INEC, should be sworn in as Governor of Abia State.
The governor subsequently headed for an Abia State High Court in Osisioma to obtain an order which restrained the state Chief Judge from swearing in Ogah.
  Ikpeazu’s order restraining Abia CJ, a slap on the court’s face – FHC Abuja Judge
On Friday in Abuja, Ikpeazu failed in his bid to stop the execution of the June 27 order of Justice Abang.
In separate rulings on Friday, Justice Abang dismissed the two motions filed by Ikpeazu and the PDP, seeking an order for stay of execution of the June 27 judgments of the court pending the hearing of their appeals against the verdicts.
The judge ruled that there was nothing left to be stayed since INEC had already complied with the two judgments of the court delivered on June 27 by issuing fresh certificate of return to Ogah as directed in the judgments.
The judge heard submissions and delivered bench rulings during the proceedings that lasted over seven hours.
He ruled that the orders made in the June 27 judgments with respect to the two cases numbered, FHC/ABJ/CS/71/2016 (personally filed by Ogah) and FHC/ABJ/CS/1086/2014 (file by one Obasi Uba Eleagbara), remained valid.
“The orders made in favour of Dr. Sampson Ikpeazu in respect of this case (FHC/ABJ/CS/1086/2014) remains valid until set aside by the Court of Appeal,” Justice Abang ruled.
The judge also validated the certificate of return issued to Ogah by INEC, saying it was done in compliance with the court’s judgments.
He ruled “The judgment has been executed. The Certificate of Return has been issued in favour of Dr. Sampson Ogah as Governor of Abia State.
“There is nothing to be stayed here. Again, there is no evidence before the court to show that the certificate was issued after service of the motion.
“No evidence to show that the certificate was issued after service of the motion on INEC if at all the motion was even served.
“Counsel that appeared for INEC on July 4, in a sister suit, which is related to this suit, informed the court that the certificate of return was issued before service of the motion.
 “So the burden was on Dr. Okezie Ikpeazu to prove that the certificate was issued after service of the motion and there is no such evidence before the court.
 “So I’m inclined to believe INEC that the certificate was issued before service of the motion if at all it was served.
 “Therefore, INEC lawfully issued certificate of return to Dr. Sampson Ogah in line with the order of court. The application lacked merit and it is accordingly dismissed.”
Justice Abang also slammed Ikpeazu for approaching an Abia State High Court in Osisioma to obtain an ex parte order  restraining the Chief Judge of Abia State from giving effect to the Federal High Court’s judgment by swearing in Ogah as Governor of Abia State.
The judge held that Ikpeazu had slapped the Federal High Court in the face by obtaining an ex parte order from a court of coordinate jurisdiction to “neutralise” the judgments removing him from office.
The judge held that Ikpeazu having slapped the court in the face he was not entitled to being granted any indulgence by the court.
He ruled, “Dr. Ikpeazu slapped the court in the face. He went to a different court that is of coordinate jurisdiction and obtained an ex parte order that has the effect of neutralising the order of this court.
“He slapped the court in the face; he cannot expect the court to grant him an indulgence. I so hold.
“You cannot flout an order of court and expect the court to listen to you and grant you a discretionary indulgence. It is a serious matter to slap a court.”
The judge awarded N40,000 as cost in favour of Ogah and payable by Ikpeazu.
He also awarded the same amount in favour of Ogah and payable by the PDP.
He ruled that without paying the cost first, both Ikpeazu and the PDP should not be allowed to take any further steps with respect to the proceedings.
The judge earlier dismissed Ikpeazu’s laywer, Chief Wole Olanipekun’s oral application to withdraw the motion for stay of execution following a ruling by the judge refusing to grant an adjournment of the case.
He ruled that it was immaterial that the motion was not orally argued or moved in the open court as he went ahead to determine the motion on its merit.
Justice Abang had in his judgments delivered on June 27, with respect to Ogah’s and Eleagbara’s cases,  sacked Ikpeazu for allegedly disclosing false information in relation to his tax clearance details to INEC in his form nominating him as the candidate of the PDP for the last year’s governorship election in the state.
But a few hours after INEC presented the Certificate of Return to Ogah on Thursday in Abuja, an Abia State High Court in Osisioma issued an order, stopping the state Chief Judge or any other judge from swearing-in Ogah, the governor-elect.
Earlier before Justice Abang affirmed his June 27 judgment on Friday as he had refused to hear Ikpeazu’s application for stay of execution of the judgment filed with respect to the suit numbered FHC/ABJ/CS/17/2016.
He directed that Ikpeazu and Ogah should go to the Court of Appeal to argue the motion for stay of execution which had already been filed before the appellate court.
This he said was because the lawyers to the two of them (Ikpeazu and Ogah) had argued that he (the judge) no longer had jurisdiction to hear the motion on the grounds that the appeal against the judgment had been entered.
But Justice Abang held that though he would not go ahead to hear the motion, the contention that the court no longer had jurisdiction to hear it was wrong.
Ogah’s lawyer, Dr. Alex Izinyon (SAN), agreed that the court no longer had jurisdiction to hear the appeal, but still urged Justice Abang to void the order of an Abia State High Court in Osisioma Division restraining the Chief Judge to swear in his client in after the INEC issued a fresh Certificate of Return to him (Ogah) in line with the June 27 judgment.
But in his bench ruling on Friday with respect to the FHC/ABJ/CS/17/2016 case, the judge held that contrary to Olanipekun’s contention, the provision of Order 4, Rule 11 of the Court of Appeal Rules only regulated interlocutory appeals while the substantive case before the trial court was still pending.
He, however, ruled that he would not go ahead to hear the motion for stay of execution of the court’s judgment since the opposing parties had agreed that he no longer had jurisdiction to hear it.
 Court affirms Ikpeazu’s election, says tax documents not forged
But in Owerri, the Federal High Court affirmed  Ikpeazu as  the Governor of Abia State.
The court struck out the suit filed by Nwosu, seeking to remove Ikpeazu as the governor for allegedly presenting forged tax certificate to the party.
Nwosu approached the court requesting that he should be declared the Abia State governor on the grounds that Ikpeazu was not qualified to represent the party during the 2015 general elections.
But ruling on the matter filed by Nwosu against Ikpeazu,  Ogah, the PDP and INEC on alleged forgery of tax documents by the Governor Ikpeazu, Justice A.I Allagoa said the plaintiff (Nwosu) was unable to prove that the tax documents were forged.
The court ruled that the tax documents were not forged and went further to dismiss the matter.
Source - Punch

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iHype9ja's Diary: Abia governorship confusion deepens…as two courts give conflicting judgements
Abia governorship confusion deepens…as two courts give conflicting judgements
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