After over 16 years of democratic governance, many would have thought we should hands on how to make laws, interpret and implement it but the unfolding unsavoury happenings in Abia States left a sour taste in our mouth.
Perhaps, this incident will ginger a rapid consideration of some of the ambiguities in our laws. Mr. Ogah, who came second in the PDP primaries, was issued the Certificate of Return by the Independent National Electoral Commission (INEC) in Abuja on Thursday after securing a court pronouncement disqualifying the governor of the state, Okezie Ikpeazu.
The disqualified governor said he has notice of appeal and stay of execution against a judgement of the Federal High Court removing him from office as he has communicated this to all the parties involved including INEC.
Mr. Ikpeazu’s certificate of return was withdrawn on Thursday morning by INEC. The electoral body issued Mr. Ogah a certificate of return, and claimed Mr. Ikpeazu had not notified it of any appeal against Monday’s court ruling which ordered him to vacate office immediately after being found guilty of tax offence.
The INEC position was faulted by Ikpeazu’s team. Mr. Umeh Kalu, the state Attorney-General, in a statement said the notification documents were duly served on the electoral body at its headquarters in Abuja and were acknowledged.
“It’s unfortunate that INEC said that it was not served. But the truth is that they were served. I have a proof to that. Saleh N. Ibrahim, Senior Clerical Officer at the Legal Services Department of the Commission’s Headquarters, Abuja, who stamped the Notice of Appeal and Injunction with the Commission’s official stamp by 12.50pm on Wednesday, June 29, 2016.
“With the foregoing, it is now clear that the Commission had no reason or cause to proceed with their dangerous action of issuing a Certificate of Return to Dr. Samson Uche Ogah when it was clearly in receipt of a Notice of Appeal and Stay of Execution expressly forbidding them from taking any further action on the Judgment of Justice Okon Abang of the Federal High Court pending the determination of the Appeal in the case.
In a bid forestall the swearing in of Ogah, the government had obtained an exparte injunction restraining the state Chief Judge or any other judges from swearing in Ogah as governor.
Justice Chibuzo Ahuchaogu of the Abia High Court said among other things, “Upon this motion ex-parte pursuant to section 143 (1) & (2) of the Electoral Act 2010 (as amended) and pending the determination of the motion on notice, after hearing O.O Nkume, counsel to the applicant.”
Apart from the court order, Ikpeazu also declared Friday and Monday as public holidays in “honour of a former Minister of Foreign Affairs, Ojo Maduekwe, who died on Wednesday”, just as the federal government has already declared Tuesday and Wednesday public holidays to mark the Ed-il-Fitr.
This means the judiciary in Abia state will not open for business until Thursday, July 7, making it practically impossible for Ogah to immediately challenge the injunction granted Ikpeazu and ending his swearing in.
But according to Ogah, the injunction by Ikpeazu will not stop his swearing in as Abia State governor. The Peoples Democratic Party, PDP in which the two gladiators belonged at the national is in crisis and the Abia branch is threatening hell and fire if Ogah becomes governor.
The use of exparte injunction has been grossly abused in Nigeria and i think it should be redefined such that all parties vacate the contending position till the legal tussle is finally done it with. The Abia case is full of political power play and shenanigans from all the parties involved.
The Nigerian judiciary system more often than not seems to favour criminals especially corrupt political elite. We are all aware of how those who have corruptly enrich themselves with our commonwealth are flagrantly using our loop-sided laws to escape justice.
The President did promise to carry our a reform of our laws and judicial system but with the way the National Assembly is constituted, this seems like a pipe dream.
