Tobi Soniyi in Abuja
The Court of Appeal in Abuja has set aside the judgment of Justice Okon Abang which removed Dr Okezie Ikpeazu as the governor of Abia State.
The appellate court, in a unanimous judgment, held that the originating summons through which the case was filed at the high court was not signed and was invalid.
Justice Ibrahim Shatta Bdliya, who read the lead judgment, held that there was no cause of action as at 27 of December, 2014, when the case was filed because the tax receipts which Justice Abang relied on heavily had not been submitted to the Peoples Democratic Party.
The court held that the plaintiffs went to shop for evidence after filing the case.
The court also held that since it was a case that would generate disputes, originating summons was not the proper way to commence the case. It held that the case should have been commenced by writ of summons.
The court further held that Justice Abang made prejudicial statements in the course of the judgment.