An Abia State High Court, sitting in Aba, yesterday prevented the eviction Of Abia State Governor Okezie Ikpeazu from Government House Umuahai. The court issued a restraining order stopping the swearing in of Dr Uche Ogah, who was hurriedly issued a certificate of return by the Independent National Electoral Commission (INEC) as the governor-elect.
The order followed an application for injunction to stop the said swearing in filed by counsel to Ikpeazu, Mr. O. O. Nkume. Justice C. H. Ahuchaogu concurred.
The ex-parte application was brought pursuant to Section 143 [1] and [2] of the Electoral Act 2010, as amended.
The court order reads: “That an order of injunction is hereby made retraining the 2nd Defendant [INEC] from issuing a certificate of return to the 1st Defendant Ogar while the claimant remains in office in accordance with Section 143 [1] and [2] of the Electoral Act 2010, as amended, pending the determination of the Motion on Notice.”
“It is further ordered the 3rd defendant [Abia Chief Judge] or any other Judge of the court or any judicial officer, are hereby restrained from swearing in the 1st defendant while the claimant remains in office in accordance with relevant sections of the Electoral Act 2010 as amended.”
“It is also ordered that this order is hereby made to last for 10 days from today beingThursday 30th June 2016 and the returnable date is fixed for the 8th day of July, 2016.”
An emboldened Governor Ikpeazu yesterday insisted that he remained the governor. In a statement he personally signed, he urged the citizens to remain calm and law abiding.
He said: “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 pendency of a notice of appeal and motion for stay of the orders made by Justice Okon Abang of the Federal High Court, Abuja.
“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 resolves the appeal, the status remains, I am still the Governor of Abia State.”
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