COURT of Appeal
sitting in Abuja has ordered that all parties in the suit challenging the election
of Dr. Okezie Ikpeazu as governor of Abia State should remain as they were before
the ruling of the Federal High Court which sacked the governor from office, and
directed the Independent National Electoral Commission (INEC) to issue Samson
Ogah a certificate of return as duly elected governor of the state.
Justice
Morenikeji Ogunwumiju, who presided over a five-member panel of judges,
said the parties in the matter must “remain as they were” before the case got
to the court but however, added the ruling did not mean a stay-of-execution
order...
Justice Ogunwumiju,
in her defense said the court considered it important to avoid a misinterpretation
of its ruling pending the hearing on 9th August.
Justice Okon
Abang of the Federal High Court had on June 27 nullified Ikpeazu’s election
over allegation of fake tax clearance certificate which was claimed by the
plaintiff to have been obtained on Sunday, not being a working day.
At the hearing of
the appeal on Tuesday, Dr Alex Izinyon, SAN, counsel to Ogah, contended
that Ikpeazu based on ruling of the FHC was not a de-facto occupant of
the Abia State Government House, and sought for his exit and therefore protested
over the order that parties should maintain their positions.
Meanwhile, Dr. Alex
Otti of the All Progressive Grand Alliance (APGA) also approached the court
contending that based on the Federal High Court ruling which nullified Ikpeazu’s
election based on prerequisites statutory provided for nominations for the office
of a state governor as he failed to submit a valid tax clearance, that his party,
APGA having emerged as second position should be declared winner of the
election putting into consideration that substitution of candidates as provided
by the Electoral Act has elapsed.
In his argument,
Otti is seeking a judicial order to mandate INEC to issue a certificate of
return to him instead of Ogah of the same People’s Democratic Party (PDP) arguing
that the ruling of the Federal High Court which sacked Ikpeazu from office impliedly
applied to his party, PDP and not him alone since the Supreme Court has set a precedent
that a political party is the major beneficiary of votes in elections.
He said that had
the ruling been delivered within the time allowed for substitution of party’s candidates,
incontrovertibly, Ogah’s prayers would make legal sense but as the period
provided in the Electoral Law had elapsed, that such prayers will end up in
futility except in APGA’s favour.
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