Friday, 8 July 2016

JUST IN - Federal High Court Abuja DENIES Ikpeazu A Stay Of Execution

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.

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