SAN FRANCISCO, June 30, (THEWILL) – A High Court, sitting in Abia State, has issued an order restraining the Chief Judge of Abia State, President of the Customary Court of Appeal and any other judiciary officer, from swearing-in Mr. Uche Oga as governor of the state.
The order was given on Thursday by Justice Ahuchaogu based on section 143 (1) and (2) of the Electoral Act 2010 (as amended) and pending the determination of the motion on notice brought by Okezie Ikpeazu through his counsel, O.O Nkume.
“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,” he said.
“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.
“It is also ordered that this order is hereby made to last for 10 days from today. The returnable date is fixed for the 8th day of July, 2016.
“Furthermore, the condition attached to this order is that the enrolled order must be served along with the motion on notice on respondents, else the order automatically lapses on 8th July, 2016.”
Meanwhile, the Governor of Abia State, Okezie Ikpeazu has advised Abians to remain calm and law abiding, stressing that he is still their Governor as he has appealed against the judgement that ordered his removal.
“I have received with concern, report of the purported issuance of Certificate of Return to Mr. Uche Ogah by the Independent National Electoral Commission (INEC), as governor of Abia State, despite the pendency of a notice of appeal and motion for stay of the execution of the orders made by Justice Okon Abang of the Federal High Court, Abuja,” he said in a statement.
“Our laws are clear on this matter. No one may be issued with a certificate of return let alone be sworn in as governor, when there is a subsisting appeal and application for stay.
“I want to appeal to Abians to remain calm and law abiding in the face of this provocation. Unless and until the appellant courts have conclusively resolved the appeal, the status quo remains; I am still the Governor of Abia State.”
THEWILL recalls that Ikpeazu had on Wednesday filed an appeal against Monday’s judgment of a Federal High Court in Abuja which removed him from office as Governor of Abia state.
Story by David Oputah
