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.
READ MORE AFTER THE CUT........................
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.
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