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01/07/2016

Politics INEC Backtracks, Says Ikpeazu’s Appeal Notice Has No Stay-Of-Execution Order

INEC Backtracks, Says Ikpeazu’s Appeal Notice Has No Stay-Of-Execution Order

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The Independent National Electoral Commission,
INEC, on Friday reversed its earlier position and
admitted receiving a notice of appeal from the Abia
State governor, Okezie Ikpeazu.

The commission, however, said the documents it
received did not contain a stay-of-execution order,
to stop the issuance of a certificate of return to
Sampson Ogah as the next governor of the state.

The electoral body had on Thursday morning issued
a certificate of return to Mr. Ogah as directed by a
Federal High Court in Abuja on Monday.

Justice Abang Okon had ruled that Mr. Ikpeazu
submitted fraudulent tax documents when he filed
papers to run for governorship ticket on the
platform of the Peoples Democratic Party.

Mr. Ogah was Mr. Ikpeazu’s main challenger in the
gubernatorial primaries conducted in December
2014, and had asked the court to nullify Mr.
Ikpeazu’s candidacy on the basis of the tax default.

Mr. Ikpeazu says he has appealed the ruling, and
that he remains governor.

On Thursday, INEC said it issued a certificate of
return to Mr. Ogah because it had not been served
Mr. Ikpeazu’s notice of appeal.

After the Abia government released evidence
countering that claim, the electoral body said the
notice was submitted at the wrong INEC
department.

Documents released by the Abia government
showed that Mr. Ikpeazu’s notice was received and
acknowledged by Saleh Ibrahim, a senior clerical
officer at the commission’s legal department, at the
INEC headquarters in Abuja.

In an explanation to PREMIUM TIMES on Friday,
Nick Dazang, spokesman for INEC, said Mr.
Ikpeazu’s failure to provide a stay-of-execution
order left the commission with no choice than to
issue the certificate of return to Mr. Ogah.

He said since Mr. Ikpeazu’s notice was not deemed
sufficient, it had to, as a matter of policy, execute
the judgment of the high court.

“I discovered that INEC received Mr. Ikpeazu’s
notice. However, it did not contain a motion or
order of stay of execution. In the circumstance, and
in deference to the previous court order, INEC as a
responsible regulatory (body) has no recourse than
to issue Mr. Ogah the certificate of return,” Mr.
Dazang said.

“By law, a certificate of return is supposed to be
issued within one week. Also, the commission has
decided as a matter of policy to obey all subsisting
court orders. That means if the court were to issue
a contradictory order, INEC has no option than to
obey.”

But Abia State Attorney-General, Umeh Kalu, in an
earlier statement on Thursday night, said the
governor’s legal team included the notice of stay of
execution order with the appeal notice delivered to
INEC.

“I have a proof to that. Saleh N. Ibrahim, Senior
Clerical Officer at the Legal Services Department of
the Commission’s Headquarters, Abuja, who
stamped the Notice of Appeal and Injunction with
the Commission’s official stamp by 12.50pm on
Wednesday, June 29, 2016.”

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