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Monday, July 4, 2016

Ikpeazu still in trouble: Federal High Court refuses to reverse ruling



  • Justice Abang has said that he cannot review a previous order to sack Abia state governor, Okezie Ikpeazu
  •  Abang turned down a plea to set aside the previous ruling
  •  A ruling on the application to stay execution and an order to instate Uche Ogah as governor is expected
Justice Okon Abang of the Federal High Court has said that the court cannot review,  its earlier order made against the governor of Abia state, Okezie Ikpeazu. Abang made this known in his ruling on monday when Wole Olanipekun counsel to the embattled Abia state, prayed the court to set aside its ruling which sacked the governor last Monday.

However, Abang said there would be a ruling on the application for stay of execution and an order asking the electoral body, Independent National Electoral Commission (INEC) to issue a certificate of return to Uche Ogah on Thursday, July 7.

The embattled governor of Abia state, Ikpeazu had in an application urged the court for a stay of execution on Abang’s ruling on Monday, June 27, which mandated him to vacate the governorship seat for Ogah. Also, Ogah’s counsel, Alex Iziyon accused Ikpeazu of employing self help tactics by approaching another High in Abia state to get an exparte order restraining the chief justice of the state from swearing in the new governor elect.

 “The question that arises now bothers on sanctity and sanity of this court order, now asking for a date to respond when they have in their pocket an order which has chained the plaintiff from presenting himself for swearing in, contrary to the order of this court,” Iziyon said.

He also said: “If the court will grant an adjournment on the remedy that has been gotten, our application is that your lordship undue the act because it was made when this particular application was  pending.”

Also, Ikpeazu’s lawyer argued that the application was a harmless one. He said a counter affidavit filed by Ogah has not been served on him. The counsel also said that there is no formal application before to show proof of the order gotten from the Federal High Court in Abia state. Making his submission, counsel to INEC, Alhassan Umar confirmed that the certificate of return issued to Ogah speaks for itself. Umar said the issuance of the certificate of return is in line with order of the court.
  
Meanwhile, the Abia state Internal Revenue Service has revealed that the tax clearance it issued to Okezie Ikpeazu was not a fake one. Ikpeazu was removed by Justice Okon Abang who also ordered the Independent National Electoral Commission (INEC) to immediately issue Certificate of Return to Dr Uche Ogah, who came second in the December 8, 2014 primary of the Peoples Democratic Party (PDP).

Vanguard reports that Udochukwu Ogbonna who is the executive chairman of the internal revenue service clarified that it issued an original tax clearance to Ikpeazu and that neither the court nor the plaintiff  Dr Ogah invited the revenue board as witness to state the authenticity or otherwise of the tax papers.

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