Useful Legal Tips on the Abia Guber imbroglio...

By Prof Obararaeri

The Federal High Court (FHC) that ruled in favour of Dr Samson Ogah was not an Election Petition Tribunal. It is not stricto sensu bound by the ELECTORAL ACT as amended.

The FHC was invited to entertain a pre-election dispute between Dr Ogah and HE Dr. Okezie Ikpeazu concerning eligibility of Dr Ikpeazu and based on PDP GUIDELINES for conduct of gubernatorial primary.

The FHC on the documentary evidence before it found as a fact that based on PDP Guidelines for the conduct of the said gubernatorial primaries, that Dr Ikpeazu was ineligible to be cleared and or contest the said guber primary election because he failed to meet the criteria stipulated therein relating to proper standing on tax payment...

The FHC was invited to interpret the implication of non-compliance with the said guidelines and it viewed that the guidelines constitute an irrevocable agreement between the aspirants interse (amongst themselves) and the party. Any aspirant falling short of the irreducible minimum is ineligible to contest the said primary. Dr Ikpeazu having breached the guidelines was ineligible to contest and as such deemed in law not to have garnered lawful votes.
Dr Ogah who came second was thus declared the winner.

The court found as a fact that Dr Ikpeazu was in default of some ground rules and conditions precedent for eligibility to contest and consequently visited the infraction with the severe legal consequences in favour of Dr Ogah.

INEC claimed to have obeyed the order of the FHC that certificate of return be issued to Dr Ogah immediately.

The FHC and State High Court in Osisioma are of coordinate jurisdiction. None can overule the other. When two judgements of courts of competent jurisdiction exist, it lends itself to administrative discretion. This means that the person at whom these two judgements are directed is at liberty to obey one and disregard the other.

The live question is whether a FHC, not being an Election Petition Tribunal, in the exercise of its pre-hearing jurisdiction, is bound by the reliefs which an Election Petition Tribunal is precluded from granting?

The issuance of COR to Dr Ogah by INEC legally nullifies the earlier COR issued to Dr Ikpeazu and should terminate his stint as Governor of Abia State. Dr Ogah having not been sworn in despite being issued a valid and subsisting COR cannot be Governor or begin to discharge the duties of that office.

The Deputy Governor of Abia State is the defacto Acting Governor of Abia State and all actions of government should be carried out by him until the resolution of the impasse. Note that if Dr Ogah eventually gets sworn in, he is stuck with the present Deputy Governor.

The two day public holidays declared in Abia are neither here nor there. With specific reference to the likelihood of the said public holiday preventing Dr Ogah from being sworn in, it must be underscored that no law suggests that a Governor cannot be sworn in on a public holiday including Saturdays and Sundays. Abia State has entered legal sudden death penalty shootout.