Ikpeazu’s Governorship: Appeal Court Nullifies High Court Judgment

An Appeal Court in Abuja, Nigeria’s capital city, has ruled that the removal of the Abia State Governor, Mr Okezie Ikpeazu, by a lower court was null and void. 

 The court on Thursday set aside the judgment of Justice Okon Abang of the Federal High Court, sacking Mr Ikpeazu over allegations of poor documentation.

In the lead judgement read by Justice Ibrahim Bdliya,  the Appeal Court insisted that the lower court lacked jurisdiction to hear the case and that any decision that flowed from it was null and void.

The five-man panel stressed that the law has laid down principles by which a case could be instituted.

Explaining that the process was wrong, Justice Bdilya said that on the motion which led to the appeal, three people indicated themselves as lawyers and signed the document while the law says only an identifiable legal practitioner can do so.

He maintained that it was not the business of the court to embark on a voyage of helping a litigant decide who filed his case.

Justice Bdilya said:"As such, the lower court erred in its deciding for the litigants.

"To this end, the lower court lacked the jurisdiction to adjudicate on the matter because the initiation process of the suit was not properly done.

"Therefore, any decision taken by it flowing from that suit is null and void".

The Appeal Court ruled on three out of six appeals filed by the Peoples Democratic Party, under which Governor Ipeakzu won the governorship election.

According to the court, the issues are identical and as such, it adopts the ruling of the previous judgment.

While reading the decision of the court, Justice Bdliya insisted that the evidence raised by the faulty originating summons could not have been easily resolved because they were contentious and hostile.

He said that an amendment could not have cured a faulty originating summons.

Explaining the court’s decision further, the Justice said that the orders made by the lower court could only be valid if the two issues raised were already decided to be valid.

 "The lower trial judge was not right in his findings and decisions," he insisted.

 On whether the lower court delved into the main issue in deciding an interlocutory injunction, the Appeal Court said it was imperative to examine the record of the appeal.

The Justice also said that his findings showed that the outcome of the case would definitely affect the mind of the High Court Judge when he eventually goes to the main suit because he had taken a stand on the tax document submitted to the Independent National Electoral Commission to be faulty.

"A judge is expected not to take any position on any issues in the main suit because doing so will prejudice the main suit," Justice Bdliya explained.