BEVERLY HILLS, July 6, (THEWILL) – Justice Okon Abang of the Federal High Court in Abuja has declined to make an order enforcing his previous judgment removing Okezie Ikpeazu as the governor of Abia state.
Delivering his ruling on Friday, the court held that it had jurisdiction to hear any application against his final judgments, adding that Order 4 of the appeal court rules did not apply to the case before it.
Reacting to the argument of Ikpeazu’s counsel, Wole Olanipekun, challenging his jurisdiction to hear any application on the matter, the presiding judge said that Ikpeazu ran to the appeal court for “stay of execution” of an order removing him as governor instead of coming to him to decide on the matter.
He however stated that based on the submission of Uche Ogah’s counsel, Alex Iziyon,, the court lacked jurisdiction to take the application for stay of execution, and he would not enter the fray of legal dispute by making a pronouncement.
“Based on Iziyon’s application, I hereby adjourn the proceedings pending the appeal at the appeal court,” Abang ruled.
Olanipekun, had while making his argument, said that he had filed a suit at the appeal court to challenge a previous judgment of the court removing his client as governor.
He had argued that based on Order 4 of the appeal court rules, Abang lacked the jurisdiction to hear any application on the case because an appeal had been entered at the appeal court.
Olanipekun therefore asked the judge to hands off the case because he had become “functus officio.”
“The record of appeal has been transmitted to the court of appeal on July 4. The appeal has been duly entered at the court of appeal. The court appeal is fully seized of this matter,” he said.
But Ogah’s counsel, Alex Iziyon argued that the application constituted an abuse of court process.
“The application constitutes an abuse of court process and contempt of court. At this stage of the proceedings, can this honourable court shut its eye to an issue that borders on abuse?” he asked.
Iziyon asked the judge to make a pronouncement setting aside the order of an Abia high court, restraining the chief judge from swearing in Ogah as the state governor.
“I submit that this issue is still live and your lordship has the exclusive power to deal with it as it borders on integrity and sanctity… and make findings because that is not the issue for the court of appeal,” he said.
“We ask that a pronouncement be made on the order by the Abia high court which is a court of coordinate jurisdiction. We want this court to set aside this order so that we can face the matter at the appeal court.”
On Monday, Abang, had held that he would not set aside his previous order removing Ikpeazu as governor of Abia state.
This was when Ikpeazu, through Olanipekun, filed an application asking the court to vacate the order.
But Abang said that he would not review the order, but that he would hear other applications on the matter on Thursday.
However, the matter did not come up until Friday owing to the public holiday.
