I will remain on the side of truth till the final and just determination of the matter between Dr Alex Otti and Governor Okezie Victor Ikpeazu. It does not pay to spread falsehood or fabricate stories in order to mislead the public. It is in this respect that I argued vehemently in support of the anti social media bill during the MCL TV Good Morning Abia program that I featured last two weeks.
We were at the Court of Appeal sitting in Owerri last Thursday- the 31st day of December, 2015 when the Appeal Court delivered their well detailed and considered judgment. Like I said before, we all listened to the judgment till the time the 5 Justices rose and everyone disappeared from the Court hall.
There was never a time the Court of Appeal ORDERED that Dr Alex Otti should be sworn in immediately. There was no such ORDER! There was no such ORDER!! There was no such ORDER!!! I was surprised when we came out to hear from the APGA faithful that Dr Alex Otti was going to be sworn in this week. The strong rumor is everywhere. The opposition even took it down to the social media. I have read it over and over here in Facebook. I have never received the number of calls I received between Thursday last week and today in my life. My people have inundated me with thousands of calls and messages just to know the true position of things. Taking cognizance of the fact that no one is above mistake, I had to consult other Lawyers from both camps who were present in Court to find out if they heard such Order. They also confirmed they never heard such pronouncement from the Court of Appeal.
My APGA brothers and sisters, WHY? WHY? WHY all these propaganda? Why are you people trying to set Abia on fire? Why are you people declaring to the public what the Court of Appeal never declared? Have you people forgotten that any step you take towards the government house will be disastrous as far as Gov Okezie Ikpeazu's right and time of appeal is still running?
Immediately after I heard this false rumor, I posted an update wherein I informed Abians that the Court of Appeal did not issue such Order, could not have issued such ORDER and will never issue such Order. The reason is very clear.
Ladies and gentlemen! For purposes of clarity, this is why the APPEAL COURT did NOT issue such ORDER. According to Section 143 (2) of the Electoral Act:
If the Election Tribunal or the Court, as the case may be,
determines that a candidate returned as elected was not
validly elected, the candidate returned as elected shall,
notwithstanding the contrary decision of the Electoral
Tribunal or the Court, remain in office pending the expiration
of the period of 21 days within which an appeal may be
brought.
As can be gleaned from the above provision of the law, if Governor Okezie Ikpeazu decides NOT to go to the Supreme Court, he still has a right to remain as the Executive Governor of Abia for 21 solid days. This is why Dr Alex Otti and his supporters should stay like 1 billion kilometers away from the government house of Abia State. They should stop deceiving the public into believing that there will be a swearing in. Such plan of having a swearing in within 21 days after the judgment is not obtainable in law. It will rather cause serious havoc in Abia State. It will trigger off uncontrollable crisis. They better see caution!
To further compound the problems of the opposition, it is interesting to let them know that the moment Governor Ikpeazu's Notice of Appeal and other accompanying Court processes are filed and served, the law equally allows him to remain in office till the final determination of the appeal at the Supreme Court. And this is the true position. For clarity sake, see section 143 (1) of the same Electoral Act. It provides thus:
If the Election Tribunal or the Court, as the case may be,
determines that a candidate returned as elected was not
validly elected, then if Notice of Appeal against that decision
is given within 21 days from the date of the decision, the candidate
returned as elected shall, notwithstanding the contrary decision
of the Election Tribunal or the Court, remain in office pending the
determination of the appeal.
I am 100% aware that those preparing for the illegal swearing in have not had access to these provisions of the law. I pray all Abians to be properly guided.
I RESPECTFULLY SALUTE DR OKEZIE VICTOR IKPEAZU.
THE EXECUTIVE GOVERNOR OF ABIA STATE!

By Ugochukwu Amaraizu Esq.