Appeal court slams Okon Abang.

The Court of Appeal in Abuja, yesterday, berated Justice Okon Abang of the Federal High Court in Abuja over his refusal to hands-off the suit that led to the removal of Governor Okezie Ikpeazu of Abia State.
The appellate court held that Justice Abang “placed the law on its head”, when he declined to suspend further proceeding on the matter, having been notified that an appeal had already been lodged against an interlocutory ruling he delivered on July 8.
A five-man panel of justices of the appellate court, led by Justice Morenike Ogunwumiju, equally faulted Justice Abang for “over- reaching his powers”, by wrongly interpreting the Appeal Court Rules.
Ikpeazu had, in his first appeal marked CS/S/390B/2016, urged the appellate court to determine whether Justice Abang was right to have proceeded with hearing and determining the suit against him, even when he was notified that the appellate court was already privy of the facts of the case.
He argued that Justice Abang was wrong to have gone ahead to interpret Order 4 Rules 10 & 11 of the Court of Appeal Act, after the record of appeal had been duly transmitted to the higher court.
He further maintained that the lower court ought to have suspended proceedings before it to abide by the decision of the appellate court.
Meantime, in a unanimous decision, the appellate court panel faulted Justice Abang for not according due respect to judicial hierarchy, saying he refused to tow the line of laid down precedents.
According to Justice Philomena Ekpe, who delivered the lead verdict: “It appears the lower court made somersault of the law. Once an appeal has been entered, there is, indeed, nothing to be heard or determined once the record of appeal has been transmitted.
“The lower court had no jurisdiction or business to interpret the rules of a higher court when the rules are clear and unambiguous. I am in agreement with the argument of learned counsel to the appellant that the trial lower court judge acted ultra-vires his powers”.
The appellate court held that Justice Abang placed the law on its head when he refused to hands-off the matter having been notified of the pendency of the appeal.
“Consequently, this appeal is meritorious, the decision of the lower court delivered on July 8, is hereby set aside, cost of N100, 000 is awarded in favour of the appellant”, the court held.
Meanwhile, the Court of Appeal in Abuja has set aside the judgment of the Federal High Court that quashed the election of Governor Okezie Ikpeazu over the alleged presentation of fake tax papers.
The appeal court also awarded N100,000 cost to Ikpeazu.
Justice Okon Abang of the Federal High Court had delivered the judgement sacking Ikpeazu on 27 June.
He also asked the Independent National Electoral Commission (INEC), to issue certificate of return to Mr Uche Samson Ogah, who came second in the primaries of the Peoples Democratic Party (PDP) just as he directed that he be sworn into office as governor of Abia State.
The judgement was the outcome of a protracted suit by some participants in the 2014 Peoples Democratic Party (PDP), Abia State governorship primaries won by Ikpeazu which has not been accorded much attention by many.
The aspirants, who lost to Ikpeazu had gone to court to challenge the victory of the governor in that primary over allegations that the tax clearance certificate presented by him as required by law for gubernatorial contests was fraudulent.
The aggrieved aspirants alleged that Ikpeazu paid the three-year taxes which clearance papers he was required to include in the nomination form he submitted to INEC in one day to enable him qualify to contest the governorship election of the state.
The plaintiffs in the suit, Messrs Obasi Uba Ekagbara and Chukwuemeka Mba also contended that Ikpeazu was not eligible to contest PDP’s governorship primaries as ‘’he did not pay his taxes for 2011, 2012 and 2013 as at when due.”
They backed up their allegation with documentary evidence to show that ‘’taxes allegedly paid for three years were paid on the same day,” a fact which they said vitiated the authenticity of the tax clearance certificate issued to Ikpeazu and his INEC ‘’Form CF100.”
The governor did all he could to stop the hearing of the case, insisting that the suit should have been filed at state, rather than Federal High Court.
The Court of Appeal agreed with him that Federal High Court did not have jurisdiction to hear the case.
But the aggrieved aspirants went to Supreme Court.
The panel of the apex court, led by Justice Mohammed Muntaka-Coomassie, set aside the judgment of the Court of Appeal, and affirmed the competence of the Federal High Court to try the case.
The apex court consequently ordered that the case should be remitted back to the Federal High Court for an accelerated trial.
They backed their judgment up with an order to the Chief Judge of the Federal High Court of Nigeria ‘’to ensure that the case is heard and determined expeditiously.”
The Federal High Court reopened the case after the Supreme Court ruling.
After hearing arguments from all parties, the court delivered the unexpected judgment on Monday, 27 June