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Abia: Judge Declines Stay of Execution of Judgment, Says His Order on Certificate of Return to Ogar Already Executed
*Advises parties to go to Appeal Court
By Tobi Soniyi and Alex Enumah in Abuja
Justice Okong Abang of a Federal High Court in Abuja on Friday held that the Certificate of Return issued to Samson Ogah by the Independent National Electoral Commission (INEC) was issued in compliance with his judgment.
In two separate rulings, he dismissed the application by the Peoples Democratic Party (PDP) seeking for a stay of execution of his judgment which ordered Abia State Governor, Dr Okezie Ikpeazu, to vacate office on account of giving false tax information.
The judge dismissed the application for stay of action on the judgment of the court, saying the application 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 it filed on June 28, 2016, issues had already been joined by Ogah’s counsel, Dr. Alex Iziyon (SAN) via a counter affidavit.
The court held that there was nothing before the court to stay as the judgment had already been executed by the electoral body.
“Judgment of the court had already been executed by the issuance of the Certificate of Return in favour of Dr. Samson Ogah; therefore there is nothing to be stayed,” he stated.
Justice Abang further held that there was 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 of return 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 for stay of execution of the judgment of this court is hereby dismissed for abuse of court processes. The Applicant 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 instant case refused to take it because it would be presumed it had jumped into the arena as Izinyon, representing Ogah had conceded to the submission by Chief Wole Olanipekun (SAN), that the court lacked the jurisdiction.
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