BY CHRIS IWARAH
LAWYERS yesterday expressed divergent views on the battle for control of Abia State Government House between Governor Okezie Ikpeazu and his challenger, Uche Ogah.
Speaking on the development, Prof. Itse Sagay (SAN) justified the issuance of a return certificate to Ogah by the Independent National Electoral Commission (INEC).
The electoral umpire, he said, had no choice but to comply with the Federal High Court’s order directing it to “immediately” issue a certificate of return to Ogah as winner of the 2015 governorship poll in Abia.
The Commission, Sagay insisted, could have been held in contempt of court if it did not immediately issue Ikpeazu’s opponent with the document.
He, however, endorsed the subsequent order of a High Court restraining Abia State chief judge from swearing in Ogah. Sagay said the injunction was necessary to prevent the situation from degenerating until the Court of Appeal heard Ikpeazu’s challenge of his sacking by the lower court.
The Abia situation, he added, called for a revision of the nation’s electoral laws to clearly provide for a stay of execution of any judgment sacking an elected public office holder until determination of the final appeal arising from decision.
Sagay said the nation’s laws were silent on the fate of an elected officer removed by a High Court. He said elected public office holders sacked by a High Court in a pre-election suit should be allowed to remain in office until their appeals were determined, like those sacked by an Electoral Tribunal.
However, Chief Dafe Akpedeye (SAN) said INEC erred in issuing a return certificate to Ogah when Ikpeazu had already appealed the judgment of the court sacking him.
Ogah, he said, had nothing to lose waiting for the governor to exhaust his right of appeal. Chief Ladi Rotimi-Williams (SAN) also said the law was in favour of maintaining the status quo until the final resolution of any appeal arising from the verdict of the Federal High Court.