The Independent National Electoral Commission Monday through its
lawyer, Mr. Alhassan Umar, told a Federal High Court in Abuja that it
issued a certificate of return to Uche Ogah, on June 28, recognising him
as governor-elect of Abia State, in compliance with the order made in
the judgment of the court delivered June 27.
This was made known when a motion seeking a stay of the execution of
the judgment sacking Okezie Ikpeazu as the governor of the state and
also ordering the issuance of certificate of return to Ogah came up for
hearing on Monday. INEC through its lawyer had the following to say:
1. INEC had already issued the certificate of return before the
processes of the notice of appeal against the judgment and a motion for
stay of execution of the judgment, both filed by Ikpeazu, were served on
the commission.
2.That the notice of appeal and the motion for stay of execution of
the judgment did not operate as a stay of execution of a court’s verdict
in a pre-election case.
3.That the law will expressly state so if it intends to make a notice
of appeal to operate as a stay of execution in a pre-election case.
4.The Lawyer pointed out that why a notice of appeal operated as a
stay of execution of a judgment delivered by an election petition
tribunal in an election petition was because it was expressly provided
for under section 143(1) of the Electoral Act.
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