A Federal High Court in Abuja on Friday dismissed an application by the Peoples Democratic Party asking the court to stay execution of a ruling by the Federal High Court, Abuja, on June 27 that ordered the sack of Okezie Ikpeazu as Abia governor.
Justice Okon Abang had on June 27 ruled in a motion filed by Samson Uche Ogah, that Ikpeazu did not have valid tax clearance as when he contested PDP governorship primaries in Abia in 2015. And had ordered Independent National Electoral Commission (INEC) to issue certificate of return to Ogah, having come second in the primaries.
However, PDP had approached the court asking to stay execution of the judgment and to withdraw the certificate of return already issued to Ogah.
But in a ruling, Friday evening, Justice Abang said that PDP had filed two suits, one in June and another on the July 4, without withdrawing the first one and therefore was an “abuse of court process.”
“It is my humble view that multiplicity of applications (on the same issue) consists of court abuse”, he said.
He therefore dismissed PDP applications and awarded N40,000 against the party.
He ruled that the judgment removing Ikpeazu remained valid until it is set aside by the Court of Appeal.
The Judge said, “The order of the court subsists until set aside by the Court of Appeal.
“Therefore, the INEC lawfully issued Certificate of Return to Dr. Sampson Ogah as it was in line with the judgment of this court.”