Abia: Judge Declines Stay Of Execution, Refers Suit To A’Court
The judge, Justice Okon Abang of the refused an application by the Peoples Democratic Party (PDP) for stay of execution of the court’s judgment, sacking the incumbent Governor, Okezie Ikpeazu.
Accordingly, Justice Abang referred the other suit in the matter to the Court of Appeal for further consideration
He described as an abuse of court process, the two applications for stay of execution filed by the PDP and proceeded to dismiss them.
The judge berated Ikpeazu for going before the Abia State High Court, Osisioma to obtain an ex-parte order, with the intention of frustrating the execution of the judgment of his court.
Justice Abang spoke while delivering two rulings yesterday in relation to the applications by Ikpeazu and his party, the PDP for the stay of execution of the court’s judgment in the suit marked: FHC/ABJ/CS/1086/2014 and filed by a PDP member, Obasi Uba Eleagbara.
The proceedings yesterday lasted about seven and half hours, from 9:00am to 4:30pm.
The court had on June 27 gave two judgments, sacking Ikpeazu on the grounds that he was not qualified to contest the last PDP primary election in the state having made false representation about his tax status to INEC. The suits were filed by Eleagabara and Sampson Ogah.
When the case by Eleagbara was called, Ikpeazu’s lawyer, Wole Olanipekun (SAN) told the court that he was not ready to argued the application for stay of execution filed on behalf of his client.
Olanipekun sought an adjournment on the ground that he was new in the case and had not studied the application.
But, lawyer to the plaintiff, Alex Iziyon objected to an adjournment and insisted that the application must be argued.
On sensing that the judge was inclined to hearing the application, Olanipekun applied to withdraw the application. Iziyon did not object to Olanipekun’s application to withdraw, but told the judge to dismiss the application.
Ruling, Justice Abang dismissed the application on the grounds that it was too late in the day for Olanipekun to withdraw it, parties having joined issues on the application.
He noted that having taken steps to circumvent the execution of the court’s judgment, the court could no longer indulge him.
His words: “Dr. Ikpeazu slapped the court in the face; went to a different court that is of coordinate jurisdiction and obtained another ex parte order that has the effect of neutralising the order of this court. He slapped the court in the face, he cannot expect the court to grant him an indulgence. I so hold.
“You cannot flout an order of court and expect the court to listen to you and grant you a discretionary indulgence. It is a serious matter to slap a court,” the judge said.
While dismissing the applications for stay of execution by the PDP, Justice Abang said the party’s decision to file two application at the same time was an abuse of court process”.
Dismissing the application, the judge said, “The judgment of this court was given in favour of Dr. Sampson Ogah. One of the orders directed the PDP to forward the names of the person with the second highest votes at the PDP primary, Okezie Ikpeazu having been disqualified from contesting the primary, to INEC as the party’s candidate for the election.
“The order made against Ikpeazu was rightly made. It subsists until it is set aside on appeal. There is no issue of stay of execution. The judgment having been enforced by INEC, there is nothing to stay.
“The judgment has been executed, certificate of return has been issued in favour of Ogah as Governor of Abia State. There is no evidence that the motion for stay was served on INEC before it issued the certificate of return. Therefore, INEC lawfully issued the certificate of return to Ogah, which was issued in compliance with the orders of the court”.
The judge awarded N40,000 cost against PDP to be paid to Ogah before it could take any further steps in the case.
Earlier, in relation to the case by Ogah, the judge elected to suspend further proceedings on the application for stay of execution of the judgement in the case filed by Ikpeazu.
The judge said his decision to stay further action in the case pending appeal, was informed by the concession by Iziyon that the appeal filed against the judgment had been entered at the Court of Appeal and that records of appeal had been compiled
He said he would have proceeded to hear the applications pending before his court, including the one by the Ogah, which sought to set aside the order made by the Osisioma High Court, but for the concession of Iziyon that the appeal having been entered, the trial court should stay all actions.
Another Court Declares Ikpeazu Governor, Dismisses Nwosu’s Case
Meanwhile, a Federal High Court sitting in Owerri, the capital of Imo State yesterday dismissed the suit filed by Chief Friday Nwosu, seeking to remove the Governor of Abia State, Dr. Okezie Ikpeazu for allegedly presenting forged tax certificate to his party, the People Democratic Party (PDP).
Chief Nwosu a Governorship aspirant on the platform of PDP during December 8 , 2014 primary had approached the court, demanding that he be declared Abia governor on the grounds that Dr. Ikpeazu was not qualified to representing PDP during 2015 election.
In his judgment on the suit, the Presiding Justice, Lewis Allagoa, stressed that the plaintiff through his counsel failed to justify his claim that the tax certificate submitted by Dr. Ikpeazu was forged.
Justice Allagoa explained that aside looking at documents in litigation proving a forged matter requires adequate clarification and additional proof by experts before a forgery claim can be established by law.
On the claim that Dr. Ikpeazu was not properly taxed in the year 2011, the court highlighted that it was not the position of Ikpeazu, but that of the tax official to determine how could be taxed.
The court maintained that since the issuing authority (Abia State Board of Internal Revenue) was not joined in the suit nor an expert engaged to ascertain the authenticity of the document, it would be unlawful for the court to rule in favour of the plaintiff.
On the third relief sought, seeking to dismiss the claim to the governorship position by Dr Uche Ogah, the court ruled in favour of the plaintiff, noting “Ogah is not eligible to enjoy the outcome of the PDP primary because he rejected the result of the primary”.
Justice Allagoa had previously favoured Nwosu on two other grounds, that the originating summons filed was properly filed andnthat the Federal H igh Court has jurisdiction to hear the pre-election suit.
Again, Court refuses To Remove Uba, Oduah, Others From Senate
Justice Adeniyi Ademola of a Federal High Court in Abuja yesterday dismissed a suit seeking to sack Senators Andy Ubah, Stella Uduah and others from the National Assembly.
Senator Annie Okonkwo and others had through their counsel, Chief Asam Asam (SAN), sued the Independent National Electoral Commission (INEC), Peoples Democratic Party (PDP), Ubah, Oduah and 15 lawmakers in the National Assembly and Anambra State House of Assembly before the Court, asking the court to invalidate their nominations.
Justice Ademola in his judgment dismissed the suit filed by Senator Okwonkwo, Chris Ubah and 42 others for lacking in merit.
In the judgment that lasted for about an hour, Justice Ademola held that the plaintiffs’ claim is that they were the rightfully nominated candidate of the PDP in the National and State House of Assembly election in the March and the April 11, 2016 Presidential election held in the state cannot stand in the face of the law, having been unlawfully nominated by the state executive of the party.
The court held that it has been established in law that the power to conduct primary election, nomination of candidates and submission of list of candidates to INEC is vested on the National Executive Committee (NEC) of political parties.
The Judge said in the instant case, the plaintiffs, having emerged from a primary election conducted by the state executive of the PDP, submitted themselves to an act of illegality and as such, cannot seek legal backing for such a nomination.
The trial judge referred to Supreme Court judgments of 29th January 2016 and the ruling of the apex court delivered on February 24, 2016 where the issue of the powers of the PDP NEC and the state executive committee was ventilated to the effect that the state organ of the party, has no power under the constitution of the party and the Electoral Act to nominate candidates for the purpose of general election.
Justice Ademola said since the Supreme Court has made the clarification via an order, such order must be obeyed by persons and statutory bodies.
According to the Judge, “It is settled law that the state executive committee organ of a political party lacks power to nominate candidates for an election. It is only the primary election conducted by the national executive committee of a party, that is valid to be submitted to INEC for the purpose of an election and no other arm”.
Post a Comment