All may
not have been heard of the surprise sack of Abia State governor, Okezie Ikpeazu
and the issuance of certificate of return to Samson Ogah.
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| Ogah |
Lawyers
have disagreed on whether the
Independent National Electoral Commission (INEC) was right to issue a
Certificate of Return to Samson Ogah following a court order that Dr. Okezie
Ikpeazu vacate Office as Abia State Governor.
INEC’s National Commissioner (Southeast) Lawrence
Nwuruku issued the certificate despite notice of appeal for stay of the orders
made by Justice Okon Abang of the Federal High Court, Abuja filed on Tuesday by
Ikpeazu.
According Senior
advocates Chief Felix Fagbohungbe if Ikpeazu’s notice of appeal was accompanied by a motion for stay of
execution, then the Certificate of Return issued to Ogah was in error.
“An
appeal does not operate as a stay. That is the law. Ikpeazu’s lawyers should
know that immediately they file the notice of appeal, they must also
simultaneously file a notice for stay of execution of the judgment. Once they
have done this, INEC should not do anything but allow Ikpeazu to pursue his
appeal.
Chief
Emeka Ngige reasoned that INEC would be right in issuing Ogah the certificate of return if
Ikpeazu had failed to serve it with his motion for stay of execution.
“If the notice of appeal coupled with a motion for stay of
execution of the judgment either at the Federal High Court or at the Court of
Appeal had not been duly served on INEC, the issuance of the certificate of
return would seem to be in order. If otherwise, then it would be wrong.
“So, the question is: ‘Has Dr. Ikpeazu served both processes on
INEC? Is there proof of service?’ If yes, the court can set aside the
Certificate of Return the INEC issued to Mr. Ogah.”
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