Abia guber crisis: Court refuses to stay judgment execution, refers motions to Appeal court

Justice Okong Abang of a Federal High Court in Abuja on Friday ruled that the certificate of return issued to Dr Samson Ogah by the Independent National Electoral Commission (INEC) was lawfully carried out in compliance with the judgment of his court.

Accordingly, the court dismissed the application brought by the PDP seeking for the stay of execution of its judgment that removed governor Okezie Ikpeazu from office on account of false information with regard to false tax payment.

Justice Abang who dismissed the application for stay of action said it constituted an abuse of court process because the PDP filed two motions on the same subject matter.

He said though, the PDP had sought to withdraw the earlier application file on June 28, 2016, issues had already been joined by Ogah’s counsel, Dr. Alex Iziyon (SAN) via a counter affidavit.

Besides, the Court held that there was nothing before the court to stay as the judgment had already been executed by INEC.

“Judgment of the court had already been executed by the issuance of the Certificate of Return in favour of Dr Ogah, therefore there is nothing to be stayed”.

The Judge further held that there is no evidence before the court that the Certificate of Return was issued to Ogah before service of the notice of appeal was served on INEC.

“INEC itself said so that the certificate was issued before service of the motion was done. INEC lawfully issued the certificate of return in compliance with the judgment of the court.

“The application is hereby dismissed for abuse of court processes, the Apllicant is to pay the sum of N40, 000 as cost”, the Judge held.

Meanwhile, the court refused to set aside the interlocutory injunction restraining the Chief Judge of Abia State and other judicial officials from administering the oath of office on Ogah and  also refused to entertain Ikpeazu’s application for a stay of execution of the court  judgment given in Ogah’s favour.

In the ruling of the court in three motions filed by Ikpeazu and Ogah, Justice Abang held that the federal high court has the jurisdiction to hear the motion for stay of execution of its own judgment, adding that the court in the instance case is refusing to take it because it will be presumed it had jumped into the arena as Izinyon (SAN), representing Ogah had conceded to the submission by Chief Wole Olanipekun (SAN),  that the court lacked the jurisdiction.

Abang disagreed with Olanipekun’s submission that the court should hands off all matters once an appeal has been entered. He said that a motion for a stay of court judgment which is final decision must be taken by the trial court, saying that it was wrong for Ikpeazu to have filed stay of execution at the Court of Appeal without first filing such an application at the trial court.

On the interim injunctive order issued by the Abia state high court that restrained the swearing in of Ogah, Justice Abang said that “is an absurd for a court that is not cease of the matter to have issued order obstructing the judgment beneficiary.”