The Abuja Division of the Court of Appeal has dismissed the second appeal arising from two judgments of the Federal High Court, Abuja which on June 27 removed Okezie Ikpeazu as Governor of Abia State.

The appeal dismissed by the appeal court on Thursday was filed by a governorship aspirant in Abia State, Mr. Friday Nwosu, who participated in the Peoples Democratic Party’s December 8, 2014 primary which was won by Ikpeazu and in which Uche Ogah ended as first runner up.

He contended in his appeal that he be declared the validly elected Governor of Abia State on the basis that the Federal High Court had rightly removed Ikpeazu, and that Ogah who was ordered to be sworn in as Governor, had earlier rejected and repudiated the outcome of the primary.

The Justice Helen Ogunwumiju-led five-man panel of the Court of Appeal dismissed the appeal for lacking in merit.

Justice Tanko Hussaini, who held that though the appellant had locus standi to appeal against the judgment of the Federal High Court, his contention that Ogah could not be a beneficiary of the PDP’s primary held on December 8, 2014 having “rejected and repudiated” its outcome had no legal basis.

Justice Hussaini held that the appellant misapplied the decided authorities on doctrine of waiver and estoppel upon which his (appelllant’s) appeal was predicated.

The panel unanimously agreed that even though Ogah protested against the outcome of the primary, it did not rob him of his legal right under section 87(a) of the Electoral to express his grievances against Ikpeazu’s nomination as the PDP’s governorship candidate in the April 11, 2015 election in the state.

It also held that contrary to Nwosu’s contention, there was evidence that Ogah signed the appeal.

The Court of Appeal also held that Nwosu’s prayers that he be issued fresh certificate of return and sworn in by the Chief Judge of Abia State as the Governor was incompetent as he did not seek the mandatory leave of the appeal court to ask for reliefs that were not put before the lower court.

The appellate court held that the appeal had no “scintilla of merit”; it dismissed it and awarded the sum of N100,000 as cost against Nwosu.

Justice Okon Abang of the Federal High Court in Abuja had in his judgments delivered on June 27 sacked Ikpeazu for allegedly disclosing false information in relation to his tax clearance details to Independent National Electoral Commission in his form nominating him as the candidate of the PDP for the last year’s governorship election in the state.

The judge, also in the said judgment, ordered the governor’s rival who was the first runner-up in the primary that produced Ikpeazu as the candidate of the PDP, Mr. Uche Ogah, to takeover.

The judge held that Ikpeazu was not qualified to be PDP’s candidate having disclosed false information to INEC in violation of his party’s Article 14(a) of the PDP Electoral Guidelines and Section 31 of the Electoral Act.

The court held in both judgments that Ikpeazu was not qualified to be PDP’s candidate having falsely claimed on oath that he had met all necessary qualifications to be PDP’s candidate.

Justice Abang’s judgments were based on separate suit (FHC/ABJ/CS/71/2015) filed by Ogah and the other suit (FHC/ABJ/CS/1086/2014) filed by Obasi Ekeagbara.

http://punchng.com/ikpeazu-ogah-win-second-appeal/

First Judgement

Governor Okezie Ikpeazu of Abia State has won the first appeal delivered by the Court of Appeal in Abuja with respect to the judgments of the Federal High Court in Abuja June 27 removing him from office.

Ikpeazu’s appeal was with respect to the ruling delivered by Justice Okon Abang of the Federal High Court in Abuja on July 8 in which the judge insisted that he had jurisdiction to hear a motion for stay of execution of his earlier judgments delivered on June 27 even after the appeals against the judgments had been entered.

The Justice Helen Ogunwumiju-led five-man bench unanimously agreed in their judgment that Justice Abang erroneously assumed jurisdiction to hear the motion and adjourned it till a later date.

Justice Philomina Ekpe, who read the lead judgment, held that what Justice Abang ought to have done in line with time-honoured doctrine of “stari decisis” was to have transferred the motion to the Court of Appeal for determination.

She also held that the Justice Abang wrongly interpreted the provisions of Order 4(10) and (11) of the Court of Appeal rules when he held that the said provisions were only applicable to an interlocutory ruling of the lower court and when a final judgment in a suit had been delivered.

She also held that Justice Abang lacked jurisdictions to interpret the provisions of the Court of Appeal being the rules of a superior court.

In her contribution, Justice Ogunwumiju, held that the trial judge “deliberately stood the law on its head” by justifying his jurisdiction to hear the motion when appeal has been entered.

http://punchng.com/breaking-ikpeazu-wins-first-appeal/

following

Hj

Abang is a disgrace to the Judiciary

NgeneUkwenu blood pressure be raising like my fav Garri

Garri ijebu

Ikpeazu is going nowhere. Zone Bs wouldn't like this news ooo

Pidggin:
Abang is a disgrace to the Judiciary

as in, he deserved to be flogged

With this Appeal Court Ruling, Justice Okon Abang should be immediately suspended by the NJC.

Haba...!!! What is such an 'erroneous' Judge doing in the FHC?



#SackJusticeOkonAbang Now trending...!!!

Are you serious, so Justice Abang was .................................................
i reserve my comment till the end of the season.
I will surely speak my mind on this.
Let CoA Conclude the remaining 5 appeals.
then.

Justice Okon Abang,APC navigator judge always somersaulting every judicial proceedings to favour his pay master.
NJC should do the needful to this agent of chain judge before other judges will follow suit and bastardize our judicial system.However raping and impregnanting the common man hope for justice.
Okezie Ikpeazu it is not yet uhuru,the journey just started.Tighten your sit belt for rough ride to victory and watch your back for any bullet from this useless adminstraction.

Yes



The Appeal Court has just saved the Nigeria judiciary from ridicule and bastardization by Justice Abang Okon





Thunder fire Justice Abang Okon




The Justice Abang Okon is a disgrace to the Nigeria Judiciary System

bad market for modern day coup plotters and zombies

I said it that

"It will always end in praise"

OVI your God is able

OVI till 2023

3 more

The Amala and Ewedu brain Zombies that know nothing about the Nigeria Judicial System, will not sleep this night, they will be waiting for Justice Abang Okon

Presided Federal High Court to give a kangaroo judgement to overrule and supersede an higher court ruling of the Appeal Court.

O se ti go

Justice Okon A

---

bang

---

This Justice APCbang should be dismissed and disgraced by NJC asap

OVI will be like......

f

They should do quick and decide the substantive suit.

appeal still pealling

Good once again. Guess the court is disposed to taking appeal on interlocutory judgment before the substantive appeal. Still waiting.

TyrantInAsoRock:
NgeneUkwenu blood pressure be raising like my fav
Garri


Garri ijebu

She needs this urgently.

100k fine ontop the loss? Dede Friday Nwosu will be like 'who send me bikonu!'