Ikpeazu obtains court order to stop Ogah’s swearing-in

An Abia state high court has issued an order restraining Uche Ogah from being sworn in as the state governor. The order came just as the Independent National Electoral Commission (INEC) issued a certificate of return to Ogah on Thursday.

The order was the result of an ex parte application filed by Okezie Ikpeazu, governor of the state, against the ruling of a federal high court in Abuja removing him from office.

In the application, Ogah was listed as first defendant; INEC as second defendant, and the chief judge of Abia state as third defendant.

A copy of the order seen by TheCable read: “It is hereby ordered: That an order of injunction is hereby made restraining the second defendant from issuing a certificate of return to the first defendant while the claimant remains in office in accordance with section 143 (1) and (2) of the Electoral Act, 2010 (as amended) and pending the determination of the motion on notice.”

“It is further ordered: That the third defendant or any other judge of the court or any judicial officer are hereby restrained from swearing in the first defendant while the claimant remains in office in accordance with section 143 (1) and (2) of the Electoral Act, 2010 (as amended) and pending the determination of the motion on notice.”

The order was signed by C H Ahuchaogu, the judge.

Also, in a motion of ex-parte order, the court restricted the Independent National Electoral Commission (INEC) from issuing a certificate of return to Oga.

The order reads: “an order of injunction restraining the 2nd defendant (INEC) from issuing a certificate of return to the 1st defendant (Ogah) while the claimant (Ikpeazu) remains in office in accordance with section 143 (1) & (2) of the Electoral Act 2010 (as amended) and pending the determination of the motion on notice.

“An order of injunction restraining the 3rd defendant (Chief Judge of Abia State) or any other judge of the court, or any judiciary officer from swearing in the 1st defendant (Ogah) while the claimant (Ikpeazu) remains in office in accordance with section 143 (1) & (2) of the Electoral Act 2010 (as amended) and pending the determination of the motion on notice.”

On Monday, Okon Abang, justice of the federal high court, Abuja, ordered INEC to issue Ogah, who was a second runner-up in the 2015 PDP Abia state governorship primary, a certificate of return after he held that Ikpeazu was not fit to be governor.

INEC complied with the order on Thursday.