The governor of Abia State, Okezie Ikpeazu, on Thursday won his appeal at the Court of Appeal against the June 27 ruling of the Federal High Court Abuja removing him from office.
Justice Okon Abang of the Federal High Court, Abuja, had in a case instituted by Uche Ogah of the Peoples Democratic Party annulled the governor’s election and asked the Independent National Electoral Commission to recognise the applicant as governor of the state.
The Court said Mr. Ikpeazu, also of the PDP, was guilty of tax evasion and therefore not qualified to contest the April 11, 2015 governorship election in the state.
On July 8, Mr. Abang insisted that he had jurisdiction to hear a motion for stay of execution of his earlier judgment delivered on June 27 even after the appeals against the judgments had been entered.
The Court of Appeal, in a judgement read by Justice Philomena Ekpe, said Mr. Abang ought to have transferred the motion to it in line with time-honoured doctrine of stari decisis.
She said Mr. Abang wrongfully interpreted the provisions of order 4 (10) and (11) of the Court of Appeal rules when he ruled that the said provisions were only applicable to an interlocutory ruling of lower court and when a final judgement in a suit had been delivered.
She held that Mr. Abang did not have jurisdictions to interpret the provisions of the Court of appeal being the rules of a superior court.
Also, Justice Ogunwumiju said the judge “deliberately stood the law on its head” by justifying jurisdiction to entertain the motion when appeal had been filed.
