Governor of Abia State Okezie Ikpeazu and Samson Ogah have agreed to sheathe their swords over the tussle for the governorship seat of the state, pending an interlocutory injunction by the Court of Appeal, Abuja division.
The truce was however reached when a panel of five justices led by Justice Morenikeji Ogunwunmiju made both parties agree to maintain status quo, which the court emphatically said, “does not amount to stay of execution of an earlier court order of an Abuja Federal High Court,” which had asked the Independent Electoral Commission (INEC) to recognise Ogah as the governor.
At the hearing of the appeal filed by Ikpeazu, Wole Olanipekun, counsel to Ikpeazu had informed the appellate court of the new brief filed by Ogah, and was just filed on them through his counsel, Alex Iziyon, which he said would prompt them to ask for another date so that they could reply it.
The court however also brought to the notice of counsels another brief filed through the chambers of Onyeachi Ikpeazu, counsel to the PDP, which was eventually withdrawn based on the new developments.
Iziyon however informed the court that the new brief filed was just a motion to regularise the earlier briefs filed, and as such, would want to rely solely on the new briefs before the appellate court “to make the court records neater and not confusing,” further informing the court that it also had a motion against the appellant (Ikpeazu), to stop parading himself as the governor of the state.
The panel of judges, in a bid to tidy up the briefs and papers filed before it, had called on counsels representing both Ikpeazu and Ogah to withdraw their applications, so that the main crocs of the appeal will be death with on the next adjourned date.
At this, counsels agreed to withdraw their applications, till the next adjourned date, when they are expected to properly appear before the court with the new briefs.
The court however, categorically told counsels that this does not amount to any order made by the court in respect of any of the applications seeking a stay of execution of the lower court’s order. It was however adjourned to August 9, 2016.
However, Olanikpekun in another appeal, informed the court of a leave of execution by the appellant filed on Monday, July 18, 2016 and also informing the court that there is an affidavit and two further affidavits in support of the application.
Justice Ogunwunmiju ordered that the applicant within three days from Wednesday, July 27, 2016 file its written address and that the respondents have three days each – which would run concurrently – to file their reply.
Also, the appellant is allowed another three days after the respondents have filed their reply to file any other reply if necessary.
The matter was subsequently adjourned to Thursday, August 4, 2016 for hearing.
Similarly, another appeal filed by Alex Otto of the All Progressives Grand Alliance (APGA), as party interested in the ruling of the Abuja Federal High Court was also adjourned to August 4, 2016 for hearing.
Patrick Ikwueto SAN, had earlier informed the court that it was a party interested in the ruling, but the court ordered it to go and file its written address, serve on parties and reply on them before the next adjourned date.
