Another court restrains Abia Chief Judge, Appeal Court President from swearing in Ogah

Justice Kerian Nwankpa of the Abia State High Court, Umuahia, yesterday restrained the Chief Judge of the state and the President, Customary Court of Appeal, Abia State from swearing in Dr. Uche Ogah as governor of the state.

Nwankpa gave the order following an ex parte motion filed by the state chairman of the Peoples Democratic Party (PDP), Chief Johnson Onuigbo, the PDP and PDP legal adviser, Ikechukwu Omenihu, against Ogah and eight other respondents, pending the determination of the substantive suit.

The other respondents are the INEC; Resident Electoral Commissioner of Abia State; Chief Judge of Abia State, President, Customary Court of Appeal, Abia State, Abia State Director, State Security Services, Director General, State Security Services, the Commissioner of Police, Abia State and the Inspector General of Police.


The judge ruled that, “Interim injunction is hereby granted restraining the 4th (Abia Chief Judge) and 5th (President, Customary Court of Appeal) respondents from swearing in or in any other way howsoever administering oath of office or allegiance on the 1st respondent as purported governor of Abia State under any guise, pretence or circumstances pending the filing of the motion on notice and the substantial suit in accordance with Order 3 Rule 4(1) (2), (3) and (4) of the Abia State High Court (Civil Procedure) Rules 2014.”
The court also barred the 4th to 9th respondents from giving any recognition to the 1st respondent as purported governor of Abia State pending the filing of the motion on notice and the substantial suit in accordance with Order 3 Rule 4(1) (2), (3) and (4) of the Abia State High Court (Civil Procedure) Rules 2014.

The court ordered that the substantial suit and motion on notice must be filed and served within eight days from yesterday, failing which the order will automatically elapse.

Meanwhile, a Federal High Court sitting in Owerri, Imo State, presided over by Justice Lewis Allagoa, yesterday, dismissed a suit brought before it by Chief Friday Nwosu, one of the Abia State governorship aspirants on the platform of the PDP, against Ikpeazu.

Allagoa also held that Dr. Ogah cannot be declared governor of the state on the strength of the dismissed suit.

Nwosu had filed a suit seeking Ikpeazu’s removal from office, alleging that the governor forged and presented to the PDP, forged tax certificate during the primaries.

He subsequently asked that he be declared governor on that score alleging that ab initio, Ikpeazu was not qualified to contest both the primary and governorship election in 2015, because of the tax issue.


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