Ikpeazu vs. Ogah: Court Dismisses Application For Stay Of Execution

   

The Federal High Court in Abuja on Friday dismissed an application filed by the PDP asking for a stay of execution on judgement removing Abia State Governor, Okezie Ikpeazu, and ordering his replacement by Mr Uche Ogah.
Justice Okon Abang in his ruling said there was no evidence to show that the application was filed before the judgement authorising the issuance of certificate of return was carried out.
He said that the judgement had been delivered ordering the Independent National Electoral Commission (INEC) to issue a certificate of return to Mr Ogah, and since his judgment has been carried out by INEC’s issuance of the certificate to Mr Ogah, therefore there was nothing to stay.
The judge then dismissed the application for what he described as lack of merit.
Justice Abang also set aside an earlier damage fine of 40,000 Naira given against Governor Ikpeazu. He noted that his ruling subsists until set aside by an upper court.
Counsel to Ikpeazu, Mr Wole Olanikpekun, had earlier argued that the Federal High Court lacks the jurisdiction to take any further decision since the matter was on appeal.
Counsel to Mr Ogah, Dr. Alex Iziyon, on his part urged the court to dismiss the argument of his colleague, saying the court cannot keep a blind eye to the abuse of its orders.
In an earlier ruling, Justice Ambrose Allagoa of the Federal High Court in Owerri, the Imo State capital had affirmed the election of Governor Ikpeazu.
He also ruled that the Governor’s tax documents were not forged, pointing out that the plaintiff was unable to prove that the tax documents were forged.