Just In: Abia Governor Ikpeazu Wins Again

A Federal High Court sitting in Abuja on Thursday affirmed the election of Okezie Ikpeazu, the Governor of Abia state.

Ikpeazu’s appeal was with respect to the ruling delivered by Justice Okon Abang of the Federal High Court in Abuja on July 8 in which the judge insisted that he had jurisdiction to hear a motion for stay of execution of his earlier judgments delivered on June 27 even after the appeals against the judgments had been entered.

Justice Okon Abang of the Federal High Court in Abuja on July 8 had earlier insisted that he had jurisdiction to hear a motion for stay of execution of his earlier judgement delivered on June 27 even after the appeals against the judgments had been entered.

Justice Helen Ogunwumiju-led five-man bench unanimously agreed in their judgment that Justice Abang erroneously assumed jurisdiction to hear the motion and adjourned it till a later date.

Justice Philomina Ekpe, held that what Justice Abang ought to have done in line with time-honourd doctrine of “stari decisis” was to have transferred the motion to the Court of Appeal for determination.

She also affirmed that the Justice Abang wrongly interpreted the provisions of Order 4(10) and (11) of the Court of Appeal rules when he held that the said provisions were only applicable to an interlocutory ruling of the lower court and when a final judgment in a suit had been delivered.

He lacked jurisdictions to interpret the provisions of the Court of Appeal being the rules of a superior court.