•INEC issues certificate of return to Ogah
•I remain gov – Ikpeazu
•High Court stops swearing-in
•We’d work with any of them – PDP
Mr. Sampson Uchechukwu Ogah, who was declared
governor-elect of Abia State on Monday by a
Dederal High Court, Abuja, arrived Umuahia, the
state capital yesterday in the evening saying he
hoped to be sworn in today. Mr Ogah, who landed
at the Sam Mbakwe International Cargo Airport from
Abuja, after receiving certificate of return issued to
him by INEC assured of “fresh air” for the people
of the state.
governor-elect of Abia State on Monday by a
Dederal High Court, Abuja, arrived Umuahia, the
state capital yesterday in the evening saying he
hoped to be sworn in today. Mr Ogah, who landed
at the Sam Mbakwe International Cargo Airport from
Abuja, after receiving certificate of return issued to
him by INEC assured of “fresh air” for the people
of the state.
He arrived at the airport aboard a chartered aircraft
N664D with his wife and some associates, saying
that he would either be sworn in yesterday or today.
Speaking to newsmen, Ogah described his triumph
as “a new dawn because fresh air has entered into
Abia State.”
The national chairman of the PDP, Sen Ali Modu
Sheriff said he would be willing to work with either
Ikpeazu or Ogah provided the rule of law was
followed. However, an Abia State High Court has
directed the state chief judge not to swear-in Ogah.
Also, Governor Okezie Ikpeazu, whose April election
was quashed by the court, said he had already
appealed the judgement and advised Oga not to
show up for any swearing in. But Sampson Ogah,
has insisted on being sworn in as governor, arguing
that the injunction obtained by Mr. Ikpeazu was
invalid coming from a subordinate court to the
Federal High Court that ordered his swearing in.
Mr. Ogah said through his Media Adviser, Monday
Ubani, that only an Appeal Court could grant such
injunction.
He also argued that the appeal filed by the governor
could not be considered a stay of action over the
judgment of Justice Okon Abang.
Mr. Ogah urged the chief judge and all concerned to
respect the ruling and allow him to immediately
take over the reins of leadership so as to move the
state forward.
The Independent National Electoral Commission
(INEC) yesterday issued Certificate of Return saying
it was doing so in compliance with the ruling of the
Federal High Court.
Ogah received his certificate from the INEC
Commissioner in charge of the South-East, Amb.
Lawrence Nwuruku, on behalf of the commission in
Abuja.
Amb. Nwuruku said INEC decided to present the
Certificate of Return to Ogah as directed by the
court.
It would be recalled that a Federal High Court in
Abuja on Monday removed Ikpeazu, on the grounds
that he included false information in his tax
clearance certificate.
The court directed that Ikpeazu’s election certificate
be withdrawn and in his place, Ogah, who was the
first runner-up in the primary election of the Peoples
Democratic Party (PDP), should replace him.
In his ruling, Justice Okon Abang held that Ikpeazu
was not qualified to contest the primary election of
the PDP, which held on December 8, 2014, because
he made false declaration in his INEC Form CF001
containing information of his tax certificate and
personal income tax payments (P.A.Y.E.).
A statement issued yesterday by Rotimi Lawrence
Oyekanmi, the Chief Press Secretary to the INEC
Chairman, said Ogah received his certificate based
on the receipt of a certified true copy of the
judgment signed by the FCT High Court Registrar,
Mr. Olawale M. Oladoyin, dated 27th June 2016 and
served on INEC.
According to him, Justice Abang specifically
ordered INEC, which was the 3rd Defendant in the
case “to issue Certificate of Return to the Plaintiff,
Dr Sampson Uchechukwu Ogah as Governor of Abia
State, for the election held on 11th April, 2015 and
restore all entitlements to him as the elected
Governor of Abia State. Dr Okezie Ikpeazu is hereby
ordered to vacate office as Governor of Abia State.”
Ikpeazu secures court Injunction, says ‘I remain
governor’
However, embattled governor Ikpeazu yesterday
obtained an ex-parte order at the Abia State High
Court sitting in Osisioma Ngwa restraining the state
chief judge or any judicial officer from swearing in
Dr Ogah as governor of the state.
The injunction directed that the swearing in should
not hold pending the determination of the motion
on notice.
“Our laws are clear on this matter. No one may be
issued with a Certificate of Return, let alone be
sworn in as governor when there is a subsisting
appeal and application for stay. I want to appeal to
Abians to remain calm and law abiding in the face
of this provocation,” he said.
Our correspondent reports that there was mixed
reactions in major towns and cities in Abia State, as
some supporters of the PDP were happy that
wherever the pendulum swings, the party will still
be in power.
Some party faithfuls believed that INEC had erred by
giving a Certificate of Return to Ogah while others
said Ikpeazu was paying a price for evading tax.
Ikpeazu, who was earlier in the morning set to
attend the maiden edition of Eminent Person
Lecture Series in Abia State University, shelved the
plan while those already at the venue departed
when the news reached them.
Lawyers react
A legal practitioner, Godwin Obla says the
Certificate of Return issued to Ogah “is an ordinary
piece of paper since the chief Judge of Abia state
has not administered the Oath of office on him.”
Obla said that until Ikpeazu exhausted his 21 days
right of appeal, the certificate of return issued to
Ogah is a piece of paper.
“If Ikeazie succeeds at the Court of Appeal, does it
mean that INEC will now issue another certificate of
return?” Obla asked.
He wondered why INEC was in a hurry, adding that
the electoral empire ought to have acted
responsibly.
Another lawyer, Abubakar Magaji SAN, in his
reaction said Justice Abang’s decision was not a
final judgment, adding that the sitting governor still
has a right of appeal.
Magaji said that INEC’s action can only be right if
the sitting Governor had not filed an appeal.
Similarly, Sebastine Hon, SAN said “if after INEC
became aware of the notice of appeal and motion
for stay of execution, but went ahead to issue a
Certificate of Return to Mr. Ogah, then its action is
null and void.
“The jurisdiction of the court of Appeal to deal one
way or the other with the motion for stay should not
be frustrated under any guise. The President and
the Inspector –General of Police should quickly
intervene to stop graduation to constitutional
anarchy in Abia State,” he said.
“This could create confusion in the state. I don’t
know why INEC issued the certificate of return. I
understand there is an appeal at the Appeal Court
and that should serve as a stay.
“I don’t know the legal authority INEC relied upon,
we cannot have two governors in a state,” said
Abeny Mohammed, SAN).
Another lawyer, Abdul Mahmud, said “A court that is
aware that a court of coordinate jurisdiction has
given an order on a matter, ought not to proceed to
give another order.
However, an activist, Barrister Abubakar Sanni, said
that issuing the Certificate of Return to Ogah was in
order. According to him, “It is high time people in
government started obeying Court orders.
