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Thursday, June 30, 2016

Abia Governorship Crisis: Justice Ahuchaogu stops Uche Ogah's swearing-in

A High Court of Abia State presided over by Justice Ahuchaogu, has stopped the Chief Judge of Abia State, President of the Customary Court of Appeal and any other judiciary officer, from swearing-in Mr. Uche Oga as governor, reports ITRealms.

The order made Thursday reads: "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."

Also, in a motion of ex-parte order the court also restricted the Independent National Electoral Commission (INEC) from issuing a certificate of return to Oga.

The order reads: "an order of injunction 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.

"An order of injunction restraining the 3rd defendant (Chief Judge of Abia State) or any other judge of the court, or any judiciary officer 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."

Meanwhile, the Governor of Abia State, Dr Okezie Ikpeazu has advised Abians to remain calm and law abiding, stressing that he is still their Governor.

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