The Justice Okon Abang-led court had also ordered the Independent National Electoral Commission, INEC, to issue Ikpeazu’s challenger in the 2015 Peoples Democratic Party, PDP, governorship primaries, Uche Ogah with certificate of return which was done, however, Ogah has not been sworn in.
At today’s resumed hearing, Ikpeazu through his counsel, Chief Wole Olanipekun, SAN, had urged the appellate court to set-aside Abang’s ruling, saying the judge went beyond his powers and misdirected himself in law.
According to Olanipekun, “The trial judge erred in law when he ordered as a consequential order that the appellant vacates his office as the Governor of Abia state immediately when there was no jurisdiction in the Federal High Court to remove, vacate the occupier of the office of the governor of a state or order the removal of such officer after the unsuccessful challenge of the result of the election at the Tribunal and swearing in of the appellant as the governor.”
Citing section 31(6) of the Electoral Act 2010, Olanipekun argued that the only power, authority and order exercisable by the trial court was to disqualify a candidate from contesting election.
Daily Post
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