The governorship crisis in Abia State will linger on as a Federal High Court in Abuja has rejected the request by Abia State Governor Okezie Ikpeazu to set aside the enrolled orders on its June 27 judgement on the state’s governorship seat.
Pursuant to June 27 judgement by Justice Okon Abang, an enrolment of the judgement orders was served on the Independent National Electoral Commission (INEC), on which it relied to issue a Certificate of Return to Dr. Uche Ogah.
Ikpeazu’s lawyer Chief Wole Olanipekun (SAN) had on Monday asked the court to set aside the enrolled orders, arguing that it formed the basis of the confusion created by INEC’s action.
Olanipekun accused INEC and Ogah of resorting to self-help.
He averred that there was no justification for giving certificate of return to Ogah on June 30 after INEC had received the notice of appeal and the motion for stay of execution on June 28.
He also prayed the court to cancel the certificate of return issued to Ogah by INEC.
However, Justice Abang refused to set aside the enrolled court order, saying Section 19 of the Sheriff and Civil Processes Act, relied on by Olanipekun did not define processes to include the enrolled court order.
Describing Olanipekun’s application as lacking in merit, Justice Abang said the court had the power to enroll its order at any time after judgement had been delivered.
Olanipekun then asked the judge to adjourn the matter to a later date in his client’s application for stay of proceedings to allow him respond to the response filed by Ogah’s lawyer, Alex Iziyon (SAN).
Iziyon objected and asked the court to set aside the order of the Abia State High Court in Osisioma, restraining the Chief Judge of the state from swearing in Ogah as governor..
He canvassed that by going ahead to obtain such an order from the Abia High Court,without bringing it to the attention of Justice Abang on Monday, Ikpeazu had resorted to self-help.
INEC’s lawyer, Alhassan Umar told the court that his client’s decision to issue a certificate of return to Ogah despite the appeal filed by Ikpeazu was justified.
He said that the mere filing of a notice of appeal by Ikpeazu could not operate as stay of proceedings to restrain INEC from executing an order of court duly served on it.
After hearing all the parties, Justice Abang decided to hear all pending applications, including Ikpeazu’ motion for stay of execution and Ogah’ motion to set aside the order by the Abia State High Court on Thursday.
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