Abia State Government has secured a court order, restraining the Chief Judge from swearing-in Uchechukwu Ogah as the governor.
Ogah was issued a Certificate of Return on Thursday by the Independent National Electoral Commission (INEC).
Mr Bonnie Iwuoha, Abia Commissioner for Information, revealed on Thursday in Umuahia that Governor Okezie Ikpeazu has secured the order, restraining Abia Chief Judge from swearing in Ogah as governor.
Justice Okon Abang of a Federal High Court, Abuja, had removed Ikpeazu as governor and ordered INEC to issue Certificate of Return to Ogah.
INEC complied with the order and issued the certificate to Ogah on Thursday.
Iwuoha told newsmen that the restraining order was issued by Justice C.H. Ahuchaogu of an Abia High Court, sitting in Osisioma.
“The order which is contained in Suit No. HOS/52/2016 has Dr Okezie Ikpeazu as claimant with Uche Ogah, INEC and the Chief Judge of Abia as 1st, 2nd and 3rd respondents.
“The 3rd respondent, any other judge of the court or any judicial officer are hereby restrained from swearing in the 1st respondent, while the claimant remains in office pending the determination of Motion on Notice,” he said.
Iwuoha said the court also ordered the INEC not to issue Certificate of Return to Ogah in line with Section 143(1) and (2) of the Electoral Act 2010 (as amended).
In his remarks, Dr Eme Okoro, the Secretary to the State Government, said that a stay of execution order and order of appeal had been filed.
Okoro said that both motions were delivered at the appropriate quarters to ensure that due process to becoming a governor was followed.
All the entrance and exit gates of Abia Government House, Umuahia were barricaded and heavy presence of security agents was visible in various parts of the town.
Meanwhile, a member of the House of Representatives, Ogbee Nwerui, has said that the Independent Electoral Commission’ s response to judgement on Abia governorship seat “is too swift”.
Nweru (PDP-Ebonyi), representing Ikwo/Ezza South constituency, made this known in Abuja on Thursday.
He said that INEC ought to have given little time before issuing Certificate of Return to Ogah, who came second in the primaries.
“It is surprising to see INEC respond so swiftly in this matter concerning Abia State judging from the inconclusive manner they have handled elections in the country in recent times.
“I am of the opinion that all parties should maintain status quo as directed by the injunction obtained from a High Court in Abia pending the determination of a motion before it.
“One wonders if INEC’s swift response is occasioned by the fact that it concerns the PDP”.
The lawmaker, therefore, urged the people of Abia to maintain calm and continue to be law abiding.
INEC had earlier issued the certificate to Ogah in Abuja.
The Judge, Justice Okon Abang, gave the order on Monday when he delivered a judgement in a case instituted by Samson Ogah, a governorship aspirant on the platform of the Peoples Democratic Party (PDP).
Ogah had accused Ikpeazu of submitting false information in his Tax Clearance Certificate to the party during the governorship primaries in the state.
Abang, in his judgement, ordered INEC to issue a Certificate of Return to Ogah as the duly elected governor of Abia.
He said that the court relied on the Supreme Court decisions in the case of Obi vs INEC and Ameachi vs INEC to make the Consequential Order.
The court further said that Ogah was entitled to the Certificate of Return in the election held in April 2015.
Ambassador Lawrence Nwuruku, INEC National Commissioner in charge of South-East confirmed to newsmen the issuance of the certificate on the sideline of an INEC National Stakeholders Forum.
Nwuruku said: “The court said with immediate effect, we should issue Ogah a Certificate of Return, and that is what we have done.
“If the court tomorrow issues another order, we will obey the same.
“By the grace of God, I am the INEC commissioner in charge of the South-East. I will do the same thing, if court orders us to issue the same certificate to another person.
“In this case, the court ordered us to issue a certificate to the person who won the election; that is Uchechukwu Ogah. I was the person who issued the Certificate of Return to Governor Ikpeazu because he was declared winner.
“Now, the court is saying otherwise. One thing is that we are not above the law and we cannot refuse to obey the law of the land.
“After the court, another person we obey is God. And my conscience is my God.
“If you were in the court that day and I will urge you, members of the media, to go and study the court decision very well. It was wonderful, it was direct.”
Asked if INEC was aware that Ikpeazu had already appealed the said judgment, Nwuruku replied said that the commission obeyed the judgment.
“Our own is to obey the judgment on ground; if by tomorrow the court says give it to another person, then the INEC chairman will obey by signing another Certificate and I will issue it.
“What we have just done is obeying the Nigerian constitution. If l fail, I will be jailed and I don’t want to be jailed,” he added.
The court had on Monday ordered Ikpeazu to vacate his office immediately.
