Following his declaration as the Abia State Governor by the Federal High Court and collection of certificate of return from the Independent National Electoral Commission, INEC on Thursday, Sampson Ogah has insisted his swearing in program must be held against the Abia State High Court Injunction which forbade the exercise.
Sampson Ogah, in defiance to the injunction has announced his journey to Umuahia, the Abia State capital for the swearing in process.
Speaking through his Media Adviser, Monday Ubani, Ogah maintained that the injunction ordering an halt to his swearing in has no authority over the ruling of the Federal High Court.
He added that the injunction issued to Mr. Ikpeazu by the State High Court lacked the locus to do so. He further noted that only an Appeal court could enforce such order.
The statement reads: “The Federal high court of Abuja presided over by Justice Okon Abang ordered Dr Okezie Ikpeazu to vacate his seat for Dr Uche Ogah OON as the rightful person for the seat. INEC was ordered to issue the said Ogah with a certificate of return which that body has complied with.
“The next order that was issued by the federal high court was for the Chief Judge of Abia to swear in Dr Uche Ogah, the rightful person to occupy the governor’s seat. That order is yet to be complied with.
“I understand that a high court in Osisioma Ngwa the axis where the governor hails from has issued an interim order restraining the Chief Judge from swearing in Dr Uche Ogah as the governor of the State. The point must be made that this order cannot stand as it is invalid in law.
“The order did not emanate from a higher court but from a court of coordinate jurisdiction and does not in any vitiate or invalidate the earlier judgement of the Federal High Court in which the Chief Judge of Abia State was ordered to swear in Dr Uche Sampson Ogah. Only a higher court, in this case Court of Appeal has the jurisdiction to reverse the judgement of the Federal High Court.
“Note also that appeal of Dr Okezie Ikpeazu before the Court of Appeal does not operate as a stay over the judgement of Justice Okon Abang. In the absence of any express order of the high court or the court of appeal ordering stay of execution, the judgement of the Federal High Court delivered on the 27th of June, 2016 should be obeyed by all the parties”.
Declaring his journey to the Abia State capital, Mr. Ogah through Peter Agba Kalu, another aide said: “We are entroute to Umuahia for the swearing in from Imo Airport.
“We don’t believe there is an injunction like that. The injunction is baseless and against the rules of the judiciary.
He continued: “Is the injunction saying that the Certificate of return issued to Uche Ogah is not legal. Is it saying that Abia should not have a Governor because the Certificate of return nollifies that issued to Ikpeazu.
“We also have a directive by the CJN that he should be sworn in immediately. So that injunction to the best of our knowledge does not exist and where it exist is null and void because it has already been overtaken by events.”
Anarchy is brewing in Abia. But in the eye of law, a lower court, or court of the same jurisprudence, can not issue an order of stay of execution, but a higher court. The right thing for the incumbent governor to have done was to get an order of stay of execution from appeal court, and also appeal the judgement of the high court.