Radical Lagos lawyer and renowned human rights activist, Festus Keyamo, has described the continued occupation of the Abia Government House by Dr. Okezie Ikpeazu as illegal and unacceptable.
A Federal High Court, it would be recalled, had ordered Ikpeazu to quit the stage for Dr. Uche Ogah, owner of Masters Energy Group, but he has remained adamant, refusing to abide by the court ruling.
In a statement issued on Wednesday, July 13, 2016, Keyamo maintained that Ikpeazu must obey a court order first pending the determination of his appeal.
“That is the only way to go to enthrone legality in Abia State. The heavens will not fall”.
A Federal High Court sitting in Abuja, last month, annulled Mr. Ikpeazu’s election and ordered the Independent National Electoral Commission, INEC, to issue a certificate of return to Mr. Ogah, who came second during the Peoples’ Democratic Party primaries in the state.
The court had found Mr. Ikpeazu guilty of tax-related offences and, as a result, was unqualified to have contested the 2015 gubernatorial election.
“I have carefully listened to various arguments regarding the immediate issuance of a Certificate of Return to Dr. Sampson Uchechukwu Ogah by the Independent National Electoral Commission in strict compliance with the judgment of the Court.
“Contrary to opinions expressed in certain quarters there is no judicial decision or statutory provision preventing the Independent National Electoral Commission from complying immediately with the Orders of the Federal High Court.
“The provision of Section 143(1) of the Electoral Act, Part VIII that gives Dr. Okezie Victor Ikpeazu (or any other office holder for that matter) 21 days within which to file an appeal against an adverse judgment (and to remain in office until the appeal is determined) applies only to post-election matters before election Tribunals or the Court of Appeal and not pre-election matters as in this case.
“In the circumstance, the Independent National Electoral Commission acted legally and correctly by instantly issuing a Certificate of Return to Dr. Sampson Uchechukwu Ogah.
“But having been issued a Certificate of Return, it is constitutionally abnormal and legally paradoxical that a person with a validly issued Certificate of Return should not occupy that office immediately, and the person with an invalidated Certificate of Return continues to occupy that office.
“That is why the Interim Order restraining the Chief Judge of Abia State or any other Judicial Officer from swearing in Dr. Sampson Uchechukwu Ogah is a non-sequitor as the judgment of Abang J has already been complied with by the Independent National Electoral Commission.
“The scenario we have now is that of a person, without any document entitling him to that office, occupying the office of Governor of Abia State, whilst a person who has both a valid court judgment and a valid Certificate of Return is unable to assume office as Governor of the state.
“Let the world know today that Dr. Okezie Victor Ikpeazu is operating illegally as Governor of Abia State and all his actions, orders and anything done in that capacity are null, void and of no effect”, he concluded.