While Ikpeazu is laying claim to the office, Ogah is objecting to the claim on ground that the Federal High Court had sacked him. Both parties are members of the Peoples Democratic Party(PDP).
The court however ordered that parties should remain as they were before coming to court. Ikpeazu had through his counsel, Chief Wole Olanipekun (SAN) approached the Court of Appeal to challenge the the judgement of the Federal High Court sitting in Abuja which sacked him from office. Aside the main appeal, he had also filed another application seeking to set aside the enrollment order signed by Justice Okon Abang on the said judgement.
However, Dr. Samson Ogah, in his response to the appeal, had through his counsel, Dr. Alex Izinyon (SAN) filed a motion seeking to stop Ikpeazu from further parading himself as the governor of the state on ground that the Federal High Court has sacked him. The full panel of the Appeal Court led by Justice Morenike Ogunwumiju, however, ordered parties to withdraw their various applications and attend to the main appeal.
These applications are those seeking to set aside the enrolment order which sacked Ikpeazu and the one seeking to stop Ikpeazu from parading himself as the governor of the state. Both Olanipekun and Izinyon however agreed that their respective applications will abide by the judgement in the main appeal. However in order to set the record straight and avoid confusion, the court asked Izinyon, who the de-facto occupier of the office of the governor is?
Izinyon, in his response, disclosed that he could not say that Ikpeazu is the governor because he is still having a motion pending and that making a categorical statement will mean that the court is staying the execution of the lower court judgement. Olanipekun, while responding, submitted that it is a known fact that Ikpeazu is presently occupying the seat of the Governor and that such is not in dispute.
Izinyon, however, interjected that it cannot be concluded that Ikpeazu is the Governor. The court also asked the two counsel to give an undertaken that no action will be taking by both parties pending the determination of the appeal. Izinyon however stood his ground that he was not ready to give an undertaking, based on the antecedent of the appellant who had gone to Abia State to get an order stopping the swearing-in of Ogah. He also prayed the court to leave the matter as it is, as both counsel had agreed that their motions will abide by the outcome of the appeal.
In a short ruling, Justice Ogunwumiju, while declaring that the court is not giving an order for stay of execution, ordered that parties should remain as they were before coming to court pending when the various complaints brought by the parties will be resolved. She said the decision of the court was for parties to “remain as they were” and should not be misconstrued as meaning that the appellate court had issued a stay of execution order.
The court later adjourned till August 9 for the hearing of all the appeals. Earlier on, the court had fixed August 4 for hearing of an application brought by the standard bearer of the All Progressives Grand Alliance (APGA), Dr. Alex Oti, seeking to be joined as a party in the appeal. Oti, through his counsel, Patrick Ikwueto (SAN) had brought an application seeking the leave of the court to be joined as a party in the appeal. The court, however, directed all parties in the suit to file written addresses.
Three days was given to the applicant to file his written address, the respondents were also given three days to reply while the applicant had two days to file a reply if any. Other appeals filed by PDP, INEC and one, Sir Friday Nwosu, were all subsequently adjourned till August 9 for hearing. The court while promising to hear and dispense off the appeal within the shortest possible time said the provisions of law will strictly be adhered to.
It will be recalled that Justice Okon Abang of the Abuja Federal High Court had sacked Ikpeazu from office on the ground that he did not fulfill the provision of the law as to the submission of his tax clearance form before contesting in the PDP primaries.
The judge consequently ordered INEC to present certificate of return to Ogah, who had the second highest votes in the primary election. Ikpeazu later approached the court of appeal seeking to stop the enforcement of the judgment while INEC had in obedience to court’s judgement issued certificate of return to Ogah. Against this backdrop, Ikpeazu approached an High Court in Abia where he got an order stopping the swearing in of Ogah as the Governor of the state.
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