2 Jul 2016

By law, you're no longer the Abia State governor," Agbakoba and Falana tell Ikpeazu


The forrmer President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN) stated this while reacting to the controversy trailing the sack of governor Ikpeazu by a Federal High Court, Abuja, for tax evasion. Agbakoba said by Law Ikpeazu has been removed by the court and he is no longer the governor of Abia State. His words: “The court has removed him as governor and there’s a new governor-elect who is yet to be sworn-in and that is why I think there’s a major political vacuum. Clearly, the Ikpeazu is no longer the governor by Law. I don’t know the grounds which the other order from Abia State was obtained by one of the parties. But I do know that a judgment was given and a certificate of return was issued by INEC in Abuja. If they want to stay that order they have to go to the very court that passed the judgment. It is procedurally wrong to want to arrest that judgment using another court of coordinate jurisdiction.The order of the Federal High Court in Abuja should be obeyed. . . A Notice of Appeal is clearly not a Stay and INEC has broken no Law in issuing Certificate of Return to Ogah. But they should have relied on the prudential principle by cautioning themselves, giving the fact that they have received a Notice of Appeal, which in itself, does not constitute a stay of execution of the order of the court." . . Femi Falana ( SAN ) also said: “Federal High Court ordered that Uche Ogah be issued with Certificate of Return and sworn in as the governor. INEC complied with the order. The order exparte issued by a judge in Abia State High Court is illegal and contemptuous. The Abia State High Court cannot sit on appeal over the order of the Federal High Court as it is a court of concurrent jurisdiction.".... so he shld start packing back to his village...." 

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