The political confusion over who is the rightful governor of the South-east state of Abia will endure at least untill Thursday, when the Federal High Court, Abuja, will give its ruling on the stay-of-execution order filed by embattled Okezie Ikpeazu.

The court on Monday fixed July 7 to rule on the application filed by Mr. Ikpeazu, whose election was annulled and certificate of return withdrawn.
Mr. Ikpeazu filed the stay-of-execution application days after the court sacked him from office for failing to pay his personal income tax as at when due.

Hearing the application on Monday, Justice Okon Abang declined to set aside his judgment, saying he would hear other applications on the matter on Thursday.

The counsel to Mr. Ikpeazu, Wole Olanikpekun, had asked the court to set aside the earlier order for a certificate of return to be given to Mr. Ogah.
But counsel to Mr. Ogah, Alex Izinyon, filed a counter-affidavit against Mr. Ikpeazu’s application for stay of execution.

Mr. Olanipekun then asked for time to look into the details of Mr. Izinyon’s argument in the counter-affidavit.

He also prayed the court to treat the matter without delay.

Justice Abang then fixed the next working day, July 7, to hear the application and other applications in the matter.

The Federal Government has fixed Tuesday July 5 and Wednesday July 6 as public holidays so Nigerian muslims can join their counterparts around the world for end-of-Ramadan festivities. July 7 is the next working day in the country.
Justice Abang had on June 27 sacked Mr. Ikpeazu as governor after the court found him guilty by of tax evasion.

Mr. Abang had, in that judgment, directed the Independent National Electoral Commission (INEC) to issue certificate of return to Mr. Ogah who came second in the primaries conducted by the Peoples Democratic Party in the state.
In a swift reaction to the judgment, Mr. Ikpeazu filed an appeal before the Appeal Court in Abuja. He also filed a motion for stay of execution of the judgment at the Federal High Court.

However in compliance with the court order, INEC issued Mr. Ogah a certificate of return on June 30, and he (Mr. Ogah) immediately headed to Abia to be sworn in as governor.

But an Abia State High Court hurriedly issued an injunction stopping the state’s chief judge or any other judicial official in the state from administering the oath of office on Mr. Ogah, pending the determination of the motion on notice at the Court of Appeal.

“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,” Justice Chibuzo Ahuchaogu said.

“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.”

The state has, consequently, remained without a clear leadership since Thursday.

http://www.premiumtimesng.com/news/headlines/206410-abia-remain-without-governor-till-july-7.html

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I wonder why the law applies differently to different people on the same matter.

Going by what do transpire during election tribunals, once the incumbent appeals, the judgment sacking him is of no effect pending the outcome till the final authority at the supreme court.

Says who? Ikpeazu remains Abia State governor till supreme court

psucc:
I wonder why the law applies differently to different people on the same matter.

Going by what do transpire during election tribunals, once the incumbent appeals, the judgment sacking him is of no effect pending the outcome till the final authority at the supreme court.

Don't take my word for it but the "experts"(SANS ) said Election tribunals are different from "pre" election matters... That Tribunals are adhoc and set up for specific purposes, follow some tenets of the electoral act but the Pre election hearing don't have the same limitations...

However, i can hazard a guess that Justice Abang won't rule in Ikpeazu's favour but it's better he does so that in case SC favours him, there won't be any need for back and forth....


P.S... Anyone with sound legal knowledge can help out.

modath:


Don't take my word for it but the "experts"(SANS ) said Election tribunals are different from "pre" election matters... That Tribunals are adhoc and set up for specific purposes, follow some tenets of the electoral act but the Pre election hearing don't have the same limitations...

However, i can hazard a guess that Justice Abang won't rule in Ikpeazu's favour but it's better he does so that in case SC favours him, there won't be any need for back and forth....


P.S... Anyone with sound legal knowledge can help out.

Don't know why i share the same view too that Okon Abang of a judge is a tough man oh.

Here is another version of what transpired in court today.

At the Federal High Court sitting today in Abuja, Justice Okon Abang, says he will not set aside his previous order removing Okezie Ikpeazu as governor of Abia state.

He made this disclosure as Governor Ikpeazu’s legal counsel, Wole Olanipekun (SAN), earlier filed an application asking the court to vacate the order which sacked his client as governor.

He informed the judge that his client had filed a better affidavit in response to the matter for stay of execution.

“Ikpeazu has so sent his legal team to file a better and comprehensive notice of appeal on the stay of proceedings than the one filed on the 28 June, 2016. We want to bring up this notice to your lordship’s attention ,including the fact that Ikpeazu wants the matter resolved speedily with the speed of light if possible,” Olanipekun said.

In his ruling on Monday, Justice Abang said that he would not set aside the order sacking Ikpeazu, but that he would hear other applications on the matter on Thursday.

However, Olanipekun asked the court for an adjournment to allow the legal team of the embattled governor time to respond to the affidavit filed by the defendant, Ogah.

“We are not used to asking for adjournment but we are asking for the deferment of the matter till the next available working day in view of the public holiday,” he said.

But counsel to Ogah, Dr Alex Izinyon urged the court to refuse the application for adjournment and argued that Ikpeazu went to get an order from an Abia State High Court on 30the June 2016 seeking that his client be stopped from being sworn in as governor of the state when the appeal for stay of execution was pending.

He contended that the move by Ikpeazu was wrong and as such should not be entertained by the court.

Source:

http://tiwasblog.co/2016/just-in-ikpeazu-loses-in-court-as-judge-refuses-to-set-aside-order-sacking-him-as-governor/