Embattled Abia State Governor Okezie Ikpeazu Thursday obtained an interim injunction from the High Court of Abia State stopping the swearing-in of Mr. Uche Ogah as governor of the State. The court order restrained the Chief Judge of Abia State, President of the Customary Court of Appeal and any other judiciary officer, from swearing-in Mr. Ogah as governor. The injunction issued by Justice Ahuchaogu in Umuahia states: "Upon this motion ex-parte pursuant to section 143 (1) & (2) of the Electoral Act 2010 (as amended) and pending the determination of the motion on notice, after hearing O.O Nkume, counsel to the applicant. "It is ordered that an order of injunction is hereby made restraining the 2nd defendant (INEC) from issuing a certificate of return to the 1st defendant (Ogah) while the claimant (Ikpeazu) remains in office in accordance with section 143 (1) & (2) of the Electoral Act 2010 (as amended) and pending the determination of the motion on notice. "It is further ordered that the 3rd defendant (chief judge of Abia State) or any other judge of the court or any judiciary officer are hereby restricted from swearing-in the 1st defendant (Ogah) while the claimant (Ikpeazu) remains in office in accordance with section 143 (1) & (2) of the Electoral Act 2010 (as amended) and pending the determination of the motion on notice. "It is also ordered that this order is hereby made to last for 10 days from today. The returnable date is fixed for the 8th day of July, 2016. "Furthermore, the condition attached to this order is that the enrolled order must be served along with the motion on notice on respondents, else he order automatically lapses on 8th July, 2016." Meanwhile, Ikpeazu has advised Abians to remain calm and law abiding, stressing that he is still their Governor. A release signed by the Governor reads: "I have received with concern, report of the purported issuance of Certificate of Return to Mr. Uche Ogah by the Independent National Electoral Commission (INEC), as governor of Abia State, despite the pendency of a notice of appeal and motion for stay of the execution of the orders made by Justice Okon Abang of the Federal High Court, Abuja. "Our laws are clear on this matter. No one may be issued with a certificate of return let alone be sworn in as governor, when there is a subsisting appeal and application for stay. "I want to appeal to Abians to remain calm and law abiding in the face of this provocation. Unless and until the appellant courts have conclusively resolved the appeal, the status quo remains; I am still the Governor of Abia State." It will be recalled that Ikpeazu had on Wednesday filed an appeal against Monday's judgment of a Federal High Court in Abuja which removed him from office as governor. The Governor, in a notice of appeal filed by Chief Adegboyega Awomolo, SAN, raised five grounds of appeal upon which he asked the Court of Appeal to set aside the judgment and orders of the high court. The governor said that the Federal High Court lacked the power to order him to vacate the seat of Abia State Governor. The notice of appeal reads: "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." The governor said that the only power, authority and order exercisable by the Federal High Court was to disqualify the candidate from contesting the election based on section 31(6) of the Electoral Act 2010.
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