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withdrawn.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.
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