A Federal High Court sitting in Abuja on Monday adjourned till July 7, to entertain the application for stay of judgement execution filed by Governor Okezie Ikpeazu of Abia State.
Justice Okon Abang fixed the date after listening to the submissions of Chief Wole Olanipekun (SAN), counsel to Ikpeazu.
Olanipekun had informed the court that late receipt of counter affidavit to his main application from Dr Alex Izinyo (SAN), counsel to Uche Ogah, necessitated the demand for extra days to file further responses.
However, counsel to Ogah, objected to the application for adjournment.
He said if the court was disposed to granting the application, it must be followed up with the setting aside of the Abia High Court order.
According to Izinyon, the applicant (Ikpeazu) had abused the court process to have approached that court.
The Abia High Court, sitting in Osisioma, had barred Ogah from being sworn-in as governor.
Abang had on June 27 annulled the election of Ikpeazu as governor of Abia.
The court also ordered the Independent National Electoral Commission (INEC) to issue a Certificate of Return to Ogah, also a member of the Peoples Democratic Party, who contested the governorship ticket with Ikpeazu.
The court held that Ikpeazu was guilty of tax evasion and therefore not qualified to have contested the 2015 governorship election in the state.
The court also ordered the governor to vacate office immediately, and hand over to Ogah forthwith.
Dissatisfied with the argument advanced by the lead counsel to Ogah, Olanipekun went on to request the court to set aside the enrollment judgment order it made on July 1.
Olanipekun argued that the enrollment order was hastily done, saying the court did not observe the mandatory seven days allowed by law.
The enrollment order is a summary of the judgement delivered on June 27 and was allegedly used to the advantage of Ogah.
He also said that the court should abrogate the Certificate of Return issued to Ogah, adding that INEC was already served when it carried out the action.
On his part, Izinyon dismissed that argument, saying that the Certificate of Return was dated June 28 and was not given to his client after the notice of appeal was served.
This was collaborated by Mr Alhassan Umar, counsel to INEC, when he said the commission had carried out the judgment order before the service was received.
Ruling on the application to vacate the enrollment order made by Olanipekun, Abang held that it lacked merit.
“The court of law has the jurisdiction to sign its enrollment order any time upon the delivery of a judgment.
“In fact, the enrollment order is not made to favour either the judgment debtor or judgment creditor. It is simply an enrollment order of the court.
“Any party is free to apply to the Registrar of the Court for a Certified True Copy (CTC). “If the appellant applicant did not apply for the CTC then the court is not to blame,’’ he said.
The judge further said: “besides, Orders 23 Rule 3 and 54 Rule 2 of the court gives me the jurisdiction to sign the enrollment.
“I do not have to wait for the expiration of the three days as stated in Order 4 Rule 2 of the Judgment Enforcement Rule as contended by Olanipekun to sign it.
“I have jurisdiction to sign the enrollment order as at the time I did. With respect to the senior learned counsel, the application lacks merit and it is hereby dismissed,’’ he held.
Abang further held that: “the second leg of the application for adjournment is hereby granted and July 7 is fixed to here all the post-judgement applications’’.
