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of return withdrawn.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
...premiumtimes
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