Governor Okezie Ikpeazu of Abia State continued the battle to retain his seat on Friday before Justice Okon Abang of Federal Court High Court, Abuja.
The Judge had adjourned last Monday to enable the court and the lawyers to the different parties study applications filed on application for stay of execution of his judgment asking Ikpeazu to vacate office immediately for providing false information in the tax documents he submitted to contest the election that brought him to office.
The Judge had also in the judgment asked the Independent National Electoral Commission, INEC to issue a certificate of return to Uche Ogah who came second in the primaries of Peoples Democratic Party, PDP won by Ikpeazu as the new governor of Abia State.
However, the Governor had immediately rushed to a High Court in Abia State to obtain an order stopping the swearing in of Ogah.
The Abia State High Court had issued an injunction restraining INEC from issuing a certificate of return to Ogah.
The Court also restrained the Chief Judge of Abia State from swearing Ogah in while ordering status quo to be maintained until pending the determination of motion on notice.
Justice C.H Ahuchaogu in granting the order relied on section 143 (1) and (2) of the Electoral Act 2010 (as amended).
The Court delivered the ruling following the issuance of a Certificate of Return to Ogah in respect of the Abuja Federal High Federal High Court order.
The Abia court order was the main bone of contention at the resumption of the proceedings on Friday.
Chief Wole Olanipekun (SAN), counsel to Governor Ikpeazu had asked Justice Abang to hand over the matter informing the court that an appeal has already been filed against the judgment asking Ikpeazu to vacate office.
While not opposing the submission of the counsel for the applicant, Alex Iziyon (SAN) counsel to Ogah however said the Court should rule on the application before it at the last hearing relating to abuse of court process.
“The application borders on abuse of court process and contempt of court rooted from Abia State high court when this application was pending before this court.
That is the only new dimension to the settled principle that when an appeal has been entered this hands off the proceedings including any pending applications.
“What is worrisome is that at this stage can this court close its eye to abuse of court and sancity of the court which the court has the power to protect or should it be left to the Court of Appeal? I submit that this issue is still live,” said Iziyon.
He further argued that the issue of application obtained by the applicant borders on issue of integrity and sanctity of the Court which is not one of the issues before the court of appeal.
Iziyon argued that the pronouncement of the court will have no effect on the appeal entered.
When the Judge asked him what he wanted the court to do, Iziyon said “to make a pronouncement on the application made by the first respondent relating to the applicants conduct in obtaining an order from a court of coordinate juridisction while he is before your Lordship. Set it aside because it is the applicant who brought it before your Lord, to restore the dignity and integrity of the court.”
However, he was countered by Chief Olanipekun who argued that what Iziyon is asking for will bring the court in collision with the Court of We have to be faair to your Lordship.
He also argued that there is no application before the court relating to the Abia State High Court judgment.
He added that even if there is, the court must hands off now that it has been brought to its notice that an appeal has been filed on the matter.
“Even if there is and issues have been joined and that the Court have been adjourned for ruling, immediately an appeal is entered, the court has lost juridisction to deliver the ruling.
“This is an issue that is so trite, not debatable starting from 1962 in a decision of Supreme Court and reiterated many times.
“I submit that your Lordship has lost juridisction in its entirety, so it is not a question of picking and choosing”
He added that what Iziyon is asking the Court to do will amount undermining the outcome of the suit at the Court of Appeal.
“The only power you have is to transfer records of the proceedings to appeal court. The court of appeal is a jealous court. It will not share its juridisction with another court,” said the Senior Advocate of Nigeria.
Chief Olanipekun concluded by asking the Court to hands off the everything related to the case and transmit its records to Court of Appeal.
However Iziyon countered that the cases cited are not relevant to the matter.
Justice Abang is getting set to rule on the case.