A Federal High Court in Abuja has rejected request by Abia State governor, Okezie Ikpeazu to set aside the enrolled orders on its judgment of June 27 on which basis the Independent National Electoral Commission (INEC) issued a certificate of return to Samson Ogah.
Following the June 27 judgement by Justice Okon Abang, sacking Ikpeazu, an enrolment of the judgment orders were served on INEC, on which it relied in issuing the certificate of return to Ogah.
Monday, Ikpeazu’s lawyer, Wole Olanipekun (SAN) had while praying the court to set aside the enrolled orders, argued that it formed the basis of the confusion created by INEC’s action.
Olanipekun, in his counter-response, again accused INEC and Ogah of being the ones resorting to self-help.
He argued that there was no justification for presenting the certificate of return to Ogah on June 30 after INEC had received the notice of appeal and the motion for stay of execution on June 28.
He went on to urge the court to set aside the enrolled order of the court issued with respect to the judgment served on INEC, which he said was the foundation of the “purported issuance of the certificate of return” to Ogah.
He also asked the court to quash the certificate of return issued to Ogah by INEC.
He said, “I urge your lordship to set aside the certificate of return purportedly issued by INEC on June 28 and handed over to the plaintiff/respondent on June 30 during the pendency of the processes before the Court of Appeal.”
He urged the court to quash the enrolled order which it issued on the strength of the judgment, arguing that it ought not to have been issued without the parties being given a time lag to exhaust their rights of appeal.
“Execution of judgment is not automatic as people think. The court is expected to give a time lag to the defendant/judgment debtor,” Olanipekun saidM
Justice Abang refused to set aside the enrolled court order, saying section 19 of the Sheriff and Civil Processes Act, relied on by Olanipekun did not define processes to include the enrolled court order.
Describing Olanipekun’s application for the voiding of the court’s enrolled order as lacking in merit, Justice Abang said the court had the power to enroll its order at any time after judgment had be delivered.
Later, Olanipelun prayed the court to adjourned hearin to a later date in his client’s application for stay of proceedings to enable his respond to the reply filed by Ogah’s lawyer, Alex Iziyon (SAN).
Iziyon objected and urged the court to set aside the order of the Abia State High Court in Osisioma restraining the Chief Judge of the state from swearing in Ogah as governor, and reiterate the judgment of the court.
Izinyon argued that going ahead to obtain such an order from the Abia High Court without bringing the order to the attention of Justice Abang on Monday, Ikpeazu had resorted to self-help.
Izinyon asked the court to set aside the Abia State High Court’s order and reiterate the judgment since Ikpeazu’s motion for stay of execution had allegedly achieved essentially what the motion intended to achieve.
I”My lord the question to ask borders on the integrity and the sanctity of this order obtained from the Abia State High Court and the application before this court now.
“They are asking for a date when they have in their pocket a court order which has tied the hands of the plaintiff preventing him from presenting himself for swearing in, contrary to the order of this court.
“My lord, what is paramount here is that the applicant, Okezie Ikpeazu, went somewhere else to get this order from another High Court.
“We submit with respect that the applicant did not bring this to your lordship’s attention. They have not told your lordship that they went somewhere else to obtain the order.
“Now that we have brought this to the attention of the court, our application is that your lordship will undo the act of the applicant by setting aside the order because it was made during the pendency of this application,” Iziyon said.
In his contribution, lawyer to INEC, Alhassan Umar justified the decision of his cleint to issue certificate of return to Ogah despite the appeal filed by Ikpeazu.
He argued tahe the mere filing of notice of appeal by Ikpeazu could not operate as stay o proceedings to restrain INEC from executing an order of court duly served on it.
“We do not object to the application for adjournment.
“On the issue of enrollment order of this court, the third defendant/respondent (INEC) issued Certificate of Return to the plaintiff respondent as ordered by this court.
“My Lord, on the issue of time of service of the processes, with due respect, the certificate speaks for itself. The date it was issued is on the certificate.
“My lord ordered the third defendant to issue certificate of return forthwith and upon service of the order, my lord, on June 28, 2016, the 3rd defendant issued a certificate of return accordingly.
“The certificate of return was issued before we were served with the motion on June 28. We had issued the certificate upon being served with the order.
“The certificate bears the date it was issued. We were served with the motion on June 28. But we had issued the certificate upon being served with the order.
“By the issuance I meant it was signed on June 28, but the actual presentation of the certificate was on June 30.
“My lord, we had no difficulty in issuing the certificate because election matters are suis generis (are in class of their own), and where the law intends that an appeal should operate as a stay, it is expressly stated so.
“Section 143 (1) of the Electoral Act deals with election petitions and appeals arising therefrom. The judgment of this court, in our view is not regulated by section 143(1) of the Electoral Act.
“My lord, in other words, if the law intended that an appeal in a pre-election matter should operate as a stay against the judgment of the court it would have expressly provided so,” Umar said.
After listening to parties’ submission, Justice Abang elected to hear all pending application, including Ikpeazu’ motion for stay of execution and Ogah’ motion to set aside the order by Abia State High Court to July 7.
Meanwhile Ogah has appealed to his supporters to remain calm and awaiting the outcome of the pending issues before the court.
Ogah, in a statement Monday by his Special Adviser on Public Communications, Onyekachi Ubani said “As we enjoin the great people of Abia to remain calm and peaceful as we expect Justice to be done on the matter, Dr Ogah again reaffirms his belief in the rule of rule of law and herein states that this is the right channel for Dr Ikpeazu and his team to seek redress other than resorting to the procurement of a clearly ‘black market judgment’ from an Abia High Court Dr Ogah’s swearing in.
“It is pertinent to still reiterate that failure to have sworn in Dr Ogah as the duly elected Governor of Abia State was an affront to the rule of law and constitutional governance. The added misfront of instituting and declaring a public holiday in Abia State to further, in their own wisdom, frustrate Dr Ogah’s swearing in is a clear case of abuse of office.
“As a law abiding citizen, we submit ourselves to the dictates of the rule of law and in the spirit of true and constitutional democracy await the judgment from the High Court in Abuja on the motion for stay of execution as regards Dr. Ogah’s swearing in slated for Thursday.
“We enjoin all Abians to remain peaceful as we express optimism that come Thursday, justice will reign supreme over undue machinations. Our resolve to enthrone an Abia that will be the envy of all is total and there is no going back on this.”
