A High Court of Abia State has stopped the Chief Judge of Abia State,<\/p>\n
President of the Customary Court of Appeal and any other judiciary
\nofficer, from swearing-in Mr. Uche Oga as governor.<\/p>\n
The order made today in court by Justice Ahuchaogu reads: “Upon this
\nmotion ex-parte pursuant to section 143 (1) & (2) of the Electoral Act
\n2010 (as amended) and pending the determination of the motion on notice,
\nafter hearing O.O Nkume, counsel to the applicant.<\/p>\n
“It is ordered that an order of injunction is hereby made restraining the
\n2nd defendant (INEC) from issuing a certificate of return to the 1st
\ndefendant (Ogah) while the claimant (Ikpeazu) remains in office in
\naccordance with section 143 (1) & (2) of the Electoral Act 2010 (as
\namended) and pending the determination of the motion on notice.<\/p>\n
“It is further ordered that the 3rd defendant (chief judge of Abia State)
\nor any other judge of the court or any judiciary officer are hereby
\nrestricted from swearing-in the 1st defendant (Ogah) while the claimant
\n(Ikpeazu) remains in office in accordance with section 143 (1) & (2) of
\nthe Electoral Act 2010 (as amended) and pending the determination of the
\nmotion on notice.<\/p>\n
“It is also ordered that this order is hereby made to last for 10 days
\nfrom today. The returnable date is fixed for the 8th day of July, 2016.<\/p>\n
“Furthermore, the condition attached to this order is that the enrolled
\norder must be served along with the motion on notice on respondents, else
\nhe order automatically lapses on 8th July, 2016.”<\/p>\n
Also, in a motion of ex-parte order the court also restricted the
\nIndependent National Electoral Commission (INEC) from issuing a
\ncertificate of return to Oga.<\/p>\n
The order reads: “an order of injunction restraining the 2nd defendant
\n(INEC) from issuing a certificate of return to the 1st defendant (Ogah)
\nwhile the claimant (Ikpeazu) remains in office in accordance with section
\n143 (1) & (2) of the Electoral Act 2010 (as amended) and pending the
\ndetermination of the motion on notice.<\/p>\n
“An order of injunction restraining the 3rd defendant (Chief Judge of Abia
\nState) or any other judge of the court, or any judiciary officer from
\nswearing in the 1st defendant (Ogah) while the claimant (Ikpeazu) remains
\nin office in accordance with section 143 (1) & (2) of the Electoral Act
\n2010 (as amended) and pending the determination of the motion on notice.”<\/p>\n
Meanwhile, the Governor of Abia State, Dr Okezie Ikpeazu has advised
\nAbians to remain calm and law abiding, stressing that he is still their
\nGovernor.<\/p>\n
A release signed by the Governor reads: “I have received with concern,
\nreport of the purported issuance of Certificate of Return to Mr. Uche Ogah
\nby the Independent National Electoral Commission (INEC), as governor of
\nAbia State, despite the pendency of a notice of appeal and motion for
\nstay of the execution of the orders made by Justice Okon Abang of the
\nFederal High Court, Abuja.<\/p>\n
“Our laws are clear on this matter. No one may be issued with a
\ncertificate of return let alone be sworn in as governor, when there is a
\nsubsisting appeal and application for stay.<\/p>\n
“I want to appeal to Abians to remain calm and law abiding in the face of
\nthis provocation. Unless and until the appellant courts have conclusively
\nresolved the appeal, the status quo remains; I am still the Governor of
\nAbia State.”<\/p>\n
It will be recalled that Ikpeazu had on Wednesday filed an appeal against
\nMonday’s judgment of a Federal High Court in Abuja which removed him from
\noffice as governor.<\/p>\n
The Governor, in a notice of appeal filed by Chief Adegboyega Awomolo,
\nSAN, raised five grounds of appeal upon which he asked the Court of Appeal
\nto set aside the judgment and orders of the high court.<\/p>\n
The governor said that the Federal High Court lacked the power to order
\nhim to vacate the seat of Abia State Governor.<\/p>\n
The notice of appeal reads: “The trial judge erred in law when he ordered
\nas a consequential order that the appellant vacates his office as the
\nGovernor of Abia state immediately when there was no jurisdiction in the
\nFederal High Court to remove, vacate the occupier of the office of the
\ngovernor of a state or order the removal of such officer after the
\nunsuccessful challenge of the result of the election at the Tribunal and
\nswearing in of the appellant as the governor.”<\/p>\n
The governor said that the only power, authority and order exercisable by
\nthe Federal High Court was to disqualify the candidate from contesting the
\nelection based on section 31(6) of the Electoral Act 2010.<\/p>\n
Ikepazu also faulted the judge when he held that he did not pay his tax
\nfor the years 2011, 2012 and 2013, at when due, when he was a public
\nofficer whose tax deduction was under Pay As You Earn (PAYE) scheme where
\ntax deductions were from the source of his monthly salary by the tax
\nauthorities who isssued all the tax receipts and certificates.<\/p>\n
He also said that the Abia State Board of Internal Revenue Services that
\nissued him with the tax certificates had not declared the certificates
\nforged and that the trial court did not invite the issuing authorities to
\ngive evidence in the course of the trial.<\/p>\n
Ikpeazu said that the plaintiff Dr Samson Uchechukwu Ogah was not a staff
\nof the Abia Board of Internal Revenue and did not any staff of the board
\nto testify that the tax certificates were forged.<\/p>\n
He accused the trial judge, Justice Okon Abang of violating his right to
\nfair hearing by embarking on judicial investigation without giving him
\n(Ikepazu) the opportunity to address the court on the issue.<\/p>\n
The notice of appeal also states: “The learned trial judge erred in law
\nwhen he held that the appellant presented false information to the
\nIndependent National Electoral Commission by his ingenous meticulous study
\nand investigation of documents filed in courts in the recess of his
\nchambers and thereby violated the right of the appellant to fair hearing.”<\/p>\n
The governor said that the judge had no duty to investigate the contents
\nof documents dumped on the court in the recess of his chambers with a view
\nto finding for the plaintiff.<\/p>\n
“The decision of the judge which arose from the judicial investigation
\nwithout opportunity to the appellant violated the appellant’s right to
\nfair hearing”, the governor said.<\/p>\n
Ikepazu also rejected the decision of the high court declaring him
\nunqualified to be nominated as the primary election conducted by his party
\nbecause false information was supplied to INEC.<\/p>\n
According to him, INEC Form CF001 which the judge relied on was not one of
\nthe grounds of qualification to contest the primary election of PDP.<\/p>\n
He said that the judge misconceived the presented by the parties and
\nthereby arrived at a wrong conclusion which occasioned a grave miscarriage
\nof justice.<\/p>\n
Meanwhile, the governor’s party, the PDP has also rejected the judgment
\nand filed a separate appeal.<\/p>\n
The party said that the trial court erred in law when it held that it had
\njurisdiction to hear the suit which was on whether section 24 (f) of the
\n1999 constitution was complied with.<\/p>\n
It said: “The honourable trial court misdirected itself when it construed
\nthe provisions of the PDP constitution to the detriment of the appellant
\nwithout giving the appellant a chance to be heard and thereby occasioned
\nmiscarriage of justice.”
\nIn the particulars of the error, the appellant said Ukeagbara and Mba
\nbeing “the 1st and 2nd respondents in the appeal did not pray the trial
\ncourt to construe the provisions of the PDP constitution.<\/p>\n
“No evidence was led that the said Uche Sampson Ogah participated in the
\n2015 Abia State gubernatorial elections yet the trial court declared him
\nas winner of the said elections contrary to the express provisions of
\nsection 141 of the Electoral Act.”<\/p>\n
The PDP urged the Court of Appeal for “an order setting aside the judgment
\nof the Federal High Court of Nigeria in suit No. FHC\/ABJ\/CS\/10862014
\ndelivered on the 27th day of June, 2016.”<\/p>\n
Justice Okon Abang had on Monday ordered Ikpeazu\u2019s removal from office
\nfor giving false information in the form submitted to the Independent
\nNational Electoral Commission by the PDP, nominating him as its candidate
\nfor the April 11, 2015 governorship election.<\/p>\n
In two separate judgments, Justice Abang ordered Ikpeazu to vacate the
\noffice of the governor of Abia State.
\nThe judge also directed INEC to issue a fresh Certificate of Return to the
\nplaintiff in one of the two suits, Uche Ogah, who was the first runner-up
\nin the governorship primary conducted by the PDP on December 8, 2014.
\nHe had ordered that Ogah\u2019s full entitlements be restored to him as
\nGovernor of Abia State.
\nThe judge made the orders after disqualifying Ikpeazu as the candidate of
\nthe PDP in the April 11, 2015, governorship election on the basis that he
\ncommitted perjury by giving false information in the Form 8C001 and
\ndocuments accompanying it, which he and the PDP submitted nominating him
\nto INEC as the party\u2019s governorship candidate.
\nCourt Stops Chief Judge, others from swearing-in Ogah as governor<\/p>\n
A High Court of Abia State has stopped the Chief Judge of Abia State,
\nPresident of the Customary Court of Appeal and any other judiciary
\nofficer, from swearing-in Mr. Uche Oga as governor.<\/p>\n
The order made today in court by Justice Ahuchaogu reads: “Upon this
\nmotion ex-parte pursuant to section 143 (1) & (2) of the Electoral Act
\n2010 (as amended) and pending the determination of the motion on notice,
\nafter hearing O.O Nkume, counsel to the applicant.<\/p>\n
“It is ordered that an order of injunction is hereby made restraining the
\n2nd defendant (INEC) from issuing a certificate of return to the 1st
\ndefendant (Ogah) while the claimant (Ikpeazu) remains in office in
\naccordance with section 143 (1) & (2) of the Electoral Act 2010 (as
\namended) and pending the determination of the motion on notice.<\/p>\n
“It is further ordered that the 3rd defendant (chief judge of Abia State)
\nor any other judge of the court or any judiciary officer are hereby
\nrestricted from swearing-in the 1st defendant (Ogah) while the claimant
\n(Ikpeazu) remains in office in accordance with section 143 (1) & (2) of
\nthe Electoral Act 2010 (as amended) and pending the determination of the
\nmotion on notice.<\/p>\n
“It is also ordered that this order is hereby made to last for 10 days
\nfrom today. The returnable date is fixed for the 8th day of July, 2016.<\/p>\n
“Furthermore, the condition attached to this order is that the enrolled
\norder must be served along with the motion on notice on respondents, else
\nhe order automatically lapses on 8th July, 2016.”<\/p>\n
Also, in a motion of ex-parte order the court also restricted the
\nIndependent National Electoral Commission (INEC) from issuing a
\ncertificate of return to Oga.<\/p>\n
The order reads: “an order of injunction restraining the 2nd defendant
\n(INEC) from issuing a certificate of return to the 1st defendant (Ogah)
\nwhile the claimant (Ikpeazu) remains in office in accordance with section
\n143 (1) & (2) of the Electoral Act 2010 (as amended) and pending the
\ndetermination of the motion on notice.<\/p>\n
“An order of injunction restraining the 3rd defendant (Chief Judge of Abia
\nState) or any other judge of the court, or any judiciary officer from
\nswearing in the 1st defendant (Ogah) while the claimant (Ikpeazu) remains
\nin office in accordance with section 143 (1) & (2) of the Electoral Act
\n2010 (as amended) and pending the determination of the motion on notice.”<\/p>\n
Meanwhile, the Governor of Abia State, Dr Okezie Ikpeazu has advised
\nAbians to remain calm and law abiding, stressing that he is still their
\nGovernor.<\/p>\n
A release signed by the Governor reads: “I have received with concern,
\nreport of the purported issuance of Certificate of Return to Mr. Uche Ogah
\nby the Independent National Electoral Commission (INEC), as governor of
\nAbia State, despite the pendency of a notice of appeal and motion for
\nstay of the execution of the orders made by Justice Okon Abang of the
\nFederal High Court, Abuja.<\/p>\n
“Our laws are clear on this matter. No one may be issued with a
\ncertificate of return let alone be sworn in as governor, when there is a
\nsubsisting appeal and application for stay.<\/p>\n
“I want to appeal to Abians to remain calm and law abiding in the face of
\nthis provocation. Unless and until the appellant courts have conclusively
\nresolved the appeal, the status quo remains; I am still the Governor of
\nAbia State.”<\/p>\n
It will be recalled that Ikpeazu had on Wednesday filed an appeal against
\nMonday’s judgment of a Federal High Court in Abuja which removed him from
\noffice as governor.<\/p>\n
The Governor, in a notice of appeal filed by Chief Adegboyega Awomolo,
\nSAN, raised five grounds of appeal upon which he asked the Court of Appeal
\nto set aside the judgment and orders of the high court.<\/p>\n
The governor said that the Federal High Court lacked the power to order
\nhim to vacate the seat of Abia State Governor.<\/p>\n
The notice of appeal reads: “The trial judge erred in law when he ordered
\nas a consequential order that the appellant vacates his office as the
\nGovernor of Abia state immediately when there was no jurisdiction in the
\nFederal High Court to remove, vacate the occupier of the office of the
\ngovernor of a state or order the removal of such officer after the
\nunsuccessful challenge of the result of the election at the Tribunal and
\nswearing in of the appellant as the governor.”<\/p>\n
The governor said that the only power, authority and order exercisable by
\nthe Federal High Court was to disqualify the candidate from contesting the
\nelection based on section 31(6) of the Electoral Act 2010.<\/p>\n
Ikepazu also faulted the judge when he held that he did not pay his tax
\nfor the years 2011, 2012 and 2013, at when due, when he was a public
\nofficer whose tax deduction was under Pay As You Earn (PAYE) scheme where
\ntax deductions were from the source of his monthly salary by the tax
\nauthorities who isssued all the tax receipts and certificates.<\/p>\n
He also said that the Abia State Board of Internal Revenue Services that
\nissued him with the tax certificates had not declared the certificates
\nforged and that the trial court did not invite the issuing authorities to
\ngive evidence in the course of the trial.<\/p>\n
Ikpeazu said that the plaintiff Dr Samson Uchechukwu Ogah was not a staff
\nof the Abia Board of Internal Revenue and did not any staff of the board
\nto testify that the tax certificates were forged.<\/p>\n
He accused the trial judge, Justice Okon Abang of violating his right to
\nfair hearing by embarking on judicial investigation without giving him
\n(Ikepazu) the opportunity to address the court on the issue.<\/p>\n
The notice of appeal also states: “The learned trial judge erred in law
\nwhen he held that the appellant presented false information to the
\nIndependent National Electoral Commission by his ingenous meticulous study
\nand investigation of documents filed in courts in the recess of his
\nchambers and thereby violated the right of the appellant to fair hearing.”<\/p>\n
The governor said that the judge had no duty to investigate the contents
\nof documents dumped on the court in the recess of his chambers with a view
\nto finding for the plaintiff.<\/p>\n
“The decision of the judge which arose from the judicial investigation
\nwithout opportunity to the appellant violated the appellant’s right to
\nfair hearing”, the governor said.<\/p>\n
Ikepazu also rejected the decision of the high court declaring him
\nunqualified to be nominated as the primary election conducted by his party
\nbecause false information was supplied to INEC.<\/p>\n
According to him, INEC Form CF001 which the judge relied on was not one of
\nthe grounds of qualification to contest the primary election of PDP.<\/p>\n
He said that the judge misconceived the presented by the parties and
\nthereby arrived at a wrong conclusion which occasioned a grave miscarriage
\nof justice.<\/p>\n
Meanwhile, the governor’s party, the PDP has also rejected the judgment
\nand filed a separate appeal.<\/p>\n
The party said that the trial court erred in law when it held that it had
\njurisdiction to hear the suit which was on whether section 24 (f) of the
\n1999 constitution was complied with.<\/p>\n
It said: “The honourable trial court misdirected itself when it construed
\nthe provisions of the PDP constitution to the detriment of the appellant
\nwithout giving the appellant a chance to be heard and thereby occasioned
\nmiscarriage of justice.”
\nIn the particulars of the error, the appellant said Ukeagbara and Mba
\nbeing “the 1st and 2nd respondents in the appeal did not pray the trial
\ncourt to construe the provisions of the PDP constitution.<\/p>\n
“No evidence was led that the said Uche Sampson Ogah participated in the
\n2015 Abia State gubernatorial elections yet the trial court declared him
\nas winner of the said elections contrary to the express provisions of
\nsection 141 of the Electoral Act.”<\/p>\n
The PDP urged the Court of Appeal for “an order setting aside the judgment
\nof the Federal High Court of Nigeria in suit No. FHC\/ABJ\/CS\/10862014
\ndelivered on the 27th day of June, 2016.”<\/p>\n
Justice Okon Abang had on Monday ordered Ikpeazu\u2019s removal from office
\nfor giving false information in the form submitted to the Independent
\nNational Electoral Commission by the PDP, nominating him as its candidate
\nfor the April 11, 2015 governorship election.<\/p>\n
In two separate judgments, Justice Abang ordered Ikpeazu to vacate the
\noffice of the governor of Abia State.
\nThe judge also directed INEC to issue a fresh Certificate of Return to the
\nplaintiff in one of the two suits, Uche Ogah, who was the first runner-up
\nin the governorship primary conducted by the PDP on December 8, 2014.
\nHe had ordered that Ogah\u2019s full entitlements be restored to him as
\nGovernor of Abia State.
\nThe judge made the orders after disqualifying Ikpeazu as the candidate of
\nthe PDP in the April 11, 2015, governorship election on the basis that he
\ncommitted perjury by giving false information in the Form 8C001 and
\ndocuments accompanying it, which he and the PDP submitted nominating him
\nto INEC as the party\u2019s governorship candidate.<\/p>\n","protected":false},"excerpt":{"rendered":"
A High Court of Abia State has stopped the Chief Judge of Abia State, President of the Customary Court of Appeal and any other judiciary officer, from swearing-in Mr. Uche…<\/p>\n","protected":false},"author":1,"featured_media":50841,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-50840","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n