Abia state governor-elect, Uche Ogah has
described the refusal of the state's Chief Judge,
to swear him in as the duly-elected governor of
the state as an action as capable of undermining
the peace and stability of the state.
Speaking to journalists in Abuja through his Special
Adviser on Public Communications, Monday
Onyekachi Ubani, Abia state Governor-elect, Dr.
Uche Ogah has described as an affront on the rule
of law, the refusal of the state’s Chief Judge,
Theresa Uzoukwu to swear him in as the duly-
elected governor of the state.
Adviser on Public Communications, Monday
Onyekachi Ubani, Abia state Governor-elect, Dr.
Uche Ogah has described as an affront on the rule
of law, the refusal of the state’s Chief Judge,
Theresa Uzoukwu to swear him in as the duly-
elected governor of the state.
He described the action as capable of undermining
the peace and stability of the state, and contended
that the stay of execution of the valid order of the
Federal High court procured by the embattled
governor, Dr Okezie Ikpeazu is only a black-market
injunction that has no force of law.
He added that there is a clear difference between a
pre-election matter on which the Federal High court
premised its ruling and the post-election trial of
electoral matters by tribunals on the issue of the
stay of execution or arrest of judgement.
“I am not ignorant of the black market injunction
allegedly obtained by Dr Ikpeazu at Osisioma Ngwa
High court restraining the Chief Judge of Abia state
from swearing in Dr Ogah. That interim order was
premised on Section 143 of the Electoral Act which
is only applicable to judgements obtained in
Election Tribunals, but not in pre-election matters.
It is a laughable ruling not worth the paper it was
written.
"For God’s sake, a High Court in Abia is a court of
coordinate jurisdiction with a Federal High Court
and so any order given by such court to contradict
an earlier order of the same court is ipso facto null
and void. It is only a higher court that has the legal
capacity to reverse the earlier order or judgement.
“In a pre-election matter the enforceability of a
court judgement is immediate as the losing side in
the legal argument, in this case, Dr Ikpeazu, was
never adjudged to have been qualified to contest
the election in the first place while in a post-
election matter the mandate enjoyed by an
incumbent subsists until the tribunal or appellate
courts rule otherwise.
“Failure or delay to swear Dr Ogah in as the duly
elected Governor of Abia state is an unqualified
affront to the rule of law and constitutional
governance in a true democracy, and an act that is
capable of undermining the peace and stability of
the state. Dr Ikpeazu has been duly removed as
Abia state Governor and not amount of legal
shenanigans and illegal public holidays will derail
the law of the land taking full effect.
"Dr Ogah will be sworn-in in due course so as to
avoid the dangerous power vacuum that currently
exists in Abia state, and for him to begin the urgent
task of empowering Abians with his laudable
developmental programmes already lined up," he
said.
According to him, the consequential declaration of
a Federal High Court that he be immediately
sworn-in as the Governor of the state is a
testimony to the majesty of the rule of law upon
which constitutional governance is founded and
relied on in Nigeria, adding that the Independent
National Electoral Commission INEC acted within
its powers as a law-abiding institution in issuing
Dr Ogah a certificate of return.
“So as to avoid an unpalatable leadership vacuum
in the state, the court having found that the
information Dr Ikpeazu supplied about his tax
payments were all false, ruled that he was not
qualified to have participated in the primary election
of PDP in Dec 2014, that all the votes he gathered
at the said primaries were invalid and of no effect,
in fact wasted.
"Since a general election has been held and the
PDP won, Dr Ikpeazu was asked to vacate his seat
while the certificate of return should be issued to
Dr Ogah who came second during the primary
election. He was ordered to be sworn in by the
Chief Judge of Abia state immediately. Note the
word used by the presiding judge was immediately.
"Enrollment order was procured by Dr Uche Ogah
and INEC was served and they obeyed the extant
judgement of the Federal High court by issuing Dr
Ogah with the certificate of return”.
He described Dr Ogah as a man of peace who has
already stretched out his hand of fellowship to his
predecessor to join him in the task of building the
state.
“His Excellency is a man of peace and he has
extended a positive arm of peace not just to his
predecessor alone, but to all his predecessor’s
supporters because as members of the same
political party, it is in the interest of the party and
the good people of the state that they close ranks
and work together for a smooth transfer of power
and the unhampered running of the new
administration”.
He urged Abians to maintain the peace while
efforts are geared towards resolving the issue at
stake.
