Press Release: Abia Chief Judge

The Chief Judge of Abia State, Justice Theresa Uzoamaka Uzokwe, has dispelled insinuations that she has absconded from her duty post, to avoid swearing in Uche Ogah as Governor of Abia State.

She described it as “allegations of cowardice by mischievous politicians” who do not mean well for the State.

Uzokwe said contrary to the allegations of cowardice by mischievous politicians, she was in her office throughout work time on Thursday June 30 2016 from 8:30am till 4:30pm.


The CJ in a statement issued on her behalf by the Acting Chief Registrar Abia State Judiciary, Mrs. Vicky Analaba and obtained by THE PUNCH on Sunday in Abuja, said the facts are verifiable and in the records of the court for the public to see.

The statement reads, “The attention of the Chief Judge of Abia State, Justice Theresa Uzoamaka Uzokwe, has been drawn to various spurious and mischievous reports alleging that the Honorable Chief Judge had absconded from her duty post on Thursday 30th June 2016, to avoid swearing in Uche Ogah as Governor of Abia State.

“Contrary to the allegations of cowardice by mischievous politicians, the Chief Judge, was in her office throughout work time on Thursday 30 June 2016 from 8:30am till 4:30pm.

“For the avoidance of doubt, on Thursday 30th June 2016, the Chief Judge was in her court room performing her lawful duties, including the delivery of four rulings on that date.

“The particulars of the rulings in question are, HU/35CM/2015 FRANCIS AKOR vs THE STATE; HU/ICM/2016-Johnson Aseigbu vs. Commissioner of Police, HU/42CM/2016-Onyekachi Samuel vs. Commissioner of Police; HU/34CM/2016-Lucky Sampson vs. the State.

“These facts are verifiable and in the records of the court. The various lawyers who appeared in the respective suits listed above are also living witnesses. This press release has become necessary in order to avoid further mischief and to set the records straight.


Issued this day 2nd July 2016


Signed.
Mrs Vicky Analaba
Ag. Chief Registrar Abia State Judiciary

http://punchng.com/abia-crisis-im-not-run-says-chief-judge/

Please allow me to share my legal opinion on this medium.

The CJ is supposed to swear Ogah in for two reasons:

1. The State High Court lacks powers to halt or suspend a Federal High Court Decision. There is no order for Stay of Execution from the Appeal Court and so there is no reason for her to ignore the action of INEC which she is duty bound to conclude. She is therefore currently in Contempt of a substantive court order.

2. Ogah currently has the certificate of return issued by INEC. Ikpeazu, without such a valid certificate of return now becomes a persona non grata in the governors office and is a usurper. The Governor-Elect, Ogah, must be sworn in with immediate effect.


Now to the main issue. Does INEC have the right to issue certificate to Ogah without waiting for an appeal? And why should that be valid?

Fine.

Ogah took three people to court (three defendants); INEC, PDP, and Ikpeazu.

The court said Ogah should have been the governor elect and ruled that he must be immediately sworn in right away.

Out of the three defendants, one decided "I won't appeal, I will agree and obey"..that was INEC.

The other two (Ikpeazu and PDP said they won't agree, they will appeal)

Fine.

But if INEC refuses to appeal, then that judgment is now binding on INEC to invalidate whatever election announcement was made in April 2015 and give it to Ogah. So, INEC, having stopped their own disagreement with the plaintiff, now have every right to comply with the judgment without looking to the Court of Appeal.

Now that Ogah has become the new Governor Elecct. It becomes sensible for Ikpeazu to march to the court of appeal, dragging both OGAH and INEC as Respondents..and even PDP who naturally should also follow INEC in accepting their new candidate...Ogah.


If the CJ refuses to swear the man INEC has now accepted as being anointed, then she is claiming to be loyal to Ikpeazu instead of to whoever has an authentic certificate of return.


Mind you, INEC has every right by law to withdraw a certificate of return from anyone if found to have been in error, and it is your duty to go to court, but that does not invalidate or delay whatever INEC deems fit in the eyes of the law.


The CJ either obeys or risks being petitioned.

Signed:

S.O.N

ikpeazu go win funniest formal governor award

OK tell me more

The CJ will swear Ogar in on Thursday. As of now the state is constitutionally under the control of the State House of Assembly.

Madam go and swear inn ogah.

Madam go and swear in ogah.

Then swear ugah in

she is not on the run, she is on the walk!

How ironic.
She claim she is not on the run nor in hiding but yet her statement was issued by a representative.

CACAWA:
Okay madam, you are on the walk.

Please allow me to share my legal opinion on this medium.

The CJ is supposed to swear Ogah in for two reasons:

1. The Stte High Court lacks powers to halt or suspend a Federal High Court Decision. There is no Stay of Action by the Appeal court so there is no reason to halt anything. She is therefore currently in Contempt of a subtractive court order.

2. Ogah currently has the certificate of return issued by INEC. Ikpeazu, without such certificate now becomes persona non grata and is a usurper. The Governor Elect, Ogah must be sworn in with immediate effect.


Now to the main issue. Does INEC have the right to issue certificate to Ogah? And why should that be valid?

Fine.

Ogah took three people to court (three defendants); INEC, PDP, and Ikpeazu.

The court said Ogah should have been the main guy. Out of the three defendants, one decided "I won't appeal, I will agree and obey"

The other two (Ikpeazu and PDP said they won't agree, they will appeal)

Fine.

But if INEC refuses to appeal, then that judgment is now binding on INEC to invalidate whatever election announcement was made in April 2015 and give it to Ogah.

Now that Ogah has become the new Governor. It is now sensible for Ikpeazu to march to the court of appeal with INEac and OGAH as Respondents.


If the CJ refuses to swear the man INEC has anointed, then she is claiming to be loyal to PDP instead of to the certificate of return approved by INEC.


Mind you, INEC has every right by law to withdraw a certificate of return from anyone if found to have been in error, and it is your duty to go to court, but that does not invalidate or delay whatever INEC deems fit in the eyes of the law.


The CJ either obeys or risks being petitioned.

Signed:

S.O.N

My view!