ENUGU, July 1, 2016 – Mr Gerald Eze, the immediate past Chairman of Nigeria Bar Association (NBA), Nsukka chapter, Enugu State, has said that INEC was right in obeying the court order on Abia governorship.Eze told the News Agency of Nigeria in Nsukka on Friday that INEC must obey all orders of court of competent jurisdiction as a body established by law.
He was reacting to the Certificate of Return issued by INEC to Mr Uche Ogah as directed by Federal High Court on Wednesday.
“INEC did the right thing to issue the Certificate of Return to Ogah as directed by the court.
“The commission is established by law and must obey court orders,’’ he said.
However, he said that the appeal filed by Gov. Okezie Ikpeazu challenging the federal court judgment and stay of execution order from Abia High Court would keep on hold the certificate of return.
“This will be sustained till the determination of the appeal since Ikpeazu has appealed the judgment and obtained order from Abia High Court.
“These courts are of competent jurisdiction to stay execution, he remains the governor of Abia state until the Appeal Court says otherwise.
“Even if Appeal Court give judgment in future in favour of Ogah, Ikpeazu still has the right to appeal to Supreme Court, which is the final arbiter in the land.
“Ogah will not be sworn-in as governor by any Chief Judge in Abia State since court restricted them from doing that.
“Had it been Ikpeazu has appealed the judgment only without obtaining an order of stay of execution from competent court, then the Chief Judge has power to swear-in Ogah as governor.
“This is possible because Ogah has been issued certificate of return by INEC,’’ he said.
The former NBA chairman said it is only when the Supreme Court gives judgment in favour of Ogah that the Chief Judge would immediately swear-in Ogah.
“It’s only the judgment of Supreme Court that cannot be appealed since it’s the highest court of the land,’’ he said.
It would be recalled that INEC had on Thursday issued a certificate of return to Ogah in obedience to a Federal High Court order on Wednesday, but Gov. Ikpeazu appealed the judgment.
Ikpeazu also obtained stay of execution order from an Abia High Court, which restrained the chief judge of the state from swearing-in Ogah as governor.
The stay of execution also stopped INEC from issuing certificate of return to Ogah.
