Abia Governorship: Okezie files appeal stopping Ogah from being sworn-in
Fri Jul 01, 2016 07:22:am Politics
1.4K By Buchi Obichie
Activities at Abia Government House, Umuahia, were paralyzed on Thursday, as news filtered into the State about the issuance of a certificate of return to Uche Ogah, by INEC.
However, a motion was swiftly filed by the embattled Governor, Okezie Ikpeazu, at an Abia High Court,in order to stop the state chief judge, president of the Customary Court of Appeal and any other judicial officer from swearing-in Ogah as Governor.
The order issued by Justice Chibuzo Ahuchaogu read: "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 is, 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 the order automatically lapses on 8th July, 2016."
Ikpeazu also obtained an ex-parte order restricting INEC from issuing a certificate of return to Ogah.
The order read: "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."
Ikpeazu, meanwhile, insisted, yesterday, that he remained governor. Ikpeazu in a statement said: "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 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 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 appellate courts have conclusively resolved the appeal, the status quo remains: I am still the Governor of Abia State."
However, a motion was swiftly filed by the embattled Governor, Okezie Ikpeazu, at an Abia High Court,in order to stop the state chief judge, president of the Customary Court of Appeal and any other judicial officer from swearing-in Ogah as Governor.
The order issued by Justice Chibuzo Ahuchaogu read: "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 is, 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 the order automatically lapses on 8th July, 2016."
Ikpeazu also obtained an ex-parte order restricting INEC from issuing a certificate of return to Ogah.
The order read: "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."
Ikpeazu, meanwhile, insisted, yesterday, that he remained governor. Ikpeazu in a statement said: "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 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 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 appellate courts have conclusively resolved the appeal, the status quo remains: I am still the Governor of Abia State."
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