A Federal High Court said Ikpeazu has no business with he Appeal Court yet

The Federal High Court in Abuja has said
that the embattled governor of Abia state,
Okezie Ikpeazu had no business heading to
the Appeal Court against a final decision yet
to be given by the court.
Speaking during his ruling, Okon Abang said
Ikpeazu would have been right to head to
the Appeal Court with an appeal against an
interlocutory decision not a High court’s final
decision.

“I have jurisdiction to entertain an application
for stay of execution,” Abang said.
Abang said order 4 rule (11) cited by the
appellant’s counsel, Wole Olanikpekun only
regulates interlocutory applications made
but not against an appeal for a final
decision.
He said Ikpeazu only rushed in a stay to the
Appeal Court to make a motion for stay as
the High Court has not deposed off the
matter.
In an appeal against the final decision, there
are no proceedings and court of appeal
cannot de-cease off.
He also said the appellant should have
approached the trial court before heading to
the Appeal Court.
He said Ikpeazu cannot head to the Appeal
Court without allowing the High Court make
a decision on the stay of proceedings.
Abang said: “In line with my code of office as
a judicial officer, I have an uncompromised
duty to take a decision in line with the law
without fear of anybody.”

He said the High Court will not be in
collision part with the Appeal Court if it
takes a decision on stay of execution.
Abang however said that there is a turning
point because the counsel to the new
governor elect, Uche Ogah, conceded to the
application for stay of proceedings.
“Since Dr Alex Iziyon conceded with Chief
Olanikpekun, I can take a decision in piece
meal,” Abang said.
In conclusion, based on Dr. Iziyon’s, the
judge said he will stay all proceedings on the
matter pending the Appeal Court decision

He said the court’s decision to adjourn
proceedings pending the Appeal Court
decision is based on the concession by the
counsel to Ogah.
Wole Olanikpekun, the counsel to Ikpeazu
had argued that the Federal High Court now
lacks jurisdiction to take any further decision
since the matter have been entered in the
Appeal Court.
But Alex Iziyon had urged the court to
discountence the argument of his colleague.
He also said the court cannot keep a blind
eye to the abuse of its orders.
He persuaded the court to make a
pronouncement to set aside an order made
by Abia High Court.
Meanwhile, following the decision of the
court to sack Ikpeazu, INEC issued the
certificate of return to Ogah as Abia state
governor.
Oluwole Osaze-Uzi, INEC’s director of
publicity, says this follows an order by the
Abuja Federal High Court mandating the
commission to immediately issue Certificate
of Return to Ogah who polled the second
highest number of votes in the Peoples
Democratic Party primaries in Abia state.

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