Ogah, receiving his certificate of return

Justice Okon Abang of Federal High Court on Friday refused two applications asking for the stay of execution of his 27 June judgment in which he asked Governor Okezie Ikpeazu of Abia State to vacate office.

While ruling on the applications for stay of executions of the judgment filed by the Peoples Democratic Party, PDP and one Obasi Uba Eleagbara, Justice Abang said his order directing the Independent National Electoral Commission, INEC to issue a Certificate of Return to Uche Ogah as the governor of Abia State can no longer be stayed.

The Judge argued that this was because INEC had already complied with the order by issuing a certificate of return to Ogah before the two appeals were filed.

“The order of the court subsists until set aside by the Court of Appeal. Therefore, the INEC lawfully issued Certificate of Return to Dr. Sampson Uche Ogah as it was in line with the judgment of this court,” said Justice Abang.

He therefore affirmed that the judgment removing Ikpeazu remained valid until it is set aside by the Court of Appeal.

Justice Abang’s judgment asking Ikpeazu to vacate office were delivered in two suits separately filed by Ogah and Uba Eleagbara. The Court dismissed the motion filed by Ikpeazu on the judgment he delivered on Elegbara suit on lack of merit.

He also awarded cost of N40,000 each against the two applicants in favour of Ogah.

The Judge refused attempt by Chief Wole Olanipekun, counsel to Ikpeazu to withdraw the application as he argued that since Ogah’s lawyer, Alex Izinyon (SAN), had been made to file a counter-affidavit opposing it, issues had been joined, the motion for stay of execution was deemed to have been heard regardless of whether it was formally moved in the open court.

The Judge described the two applications for stay of execution filed by PDP as abuse of court process.

He also berated Ikpeazu for going before the Abia State High Court, Osisioma to obtain an ex-parte order, with the intention of frustrating the execution of the judgment of his court.

“Dr. Ikpeazu slapped the court in the face; went to a different court that is of coordinate jurisdiction and obtained another ex parte order that has the effect of neutralising the order of this court. He slapped the court in the face, he cannot expect the court to grant him an indulgence. I so hold.

“You cannot flout an order of court and expect the court to listen to you and grant you a discretionary indulgence. It is a serious matter to slap a court,” the judge said.

“The judgment of this court was given in favour of Dr. Sampson Ogah. One of the orders directed the PDP to forward the names of the person with the second highest votes at the PDP primary, Okezie Ikpeazu having been disqualified from contesting the primary, to INEC as the party’s candidate for the election.

“There is no issue of stay of execution. The judgment having been enforced by INEC, there is nothing to stay. The judgment has been executed, certificate of return has been issued in favour of Ogah as Governor of Abia State.

“There is no evidence that the motion for stay was served on INEC before it issued the certificate of return. Therefore, INEC lawfully issued the certificate of return to Ogah, which was issued in compliance with the orders of the court,” Justice Abang said.

The Court had earlier hands off another motion personally filed by Ogah for stay of execution of his judgment.

Justice Abang said though he has jurisdiction to hear the matter, he would defer to the Court of Appeal since the counsels to both parties had agreed that he no longer have the powers to hear it because  appeal against the judgment has already been entered.