A High Court sitting in Abia State has asked all judiciary officers, including the Chief Judge and the President of the Customary Court of Appeal in the state not to swear in Uche Oga as governor of Abia State.
The order was given by Justice Chibuzo Ahuchaogu on Thursday.
The order read, “Upon this motion ex-parte pursuant to section 143 (1) & (2) of the Electoral Act 2010 (as amended) and pending the determination of the motion on notice, after hearing O.O Nkume, counsel to the applicant.
“It is ordered that an order of injunction is hereby made restraining the 2nd defendant (INEC) from issuing a certificate of return to the 1st defendant (Ogah) while the claimant (Ikpeazu) remains in office in accordance with section 143 (1) & (2) of the Electoral Act 2010 (as amended) and pending the determination of the motion on notice.
“It is further ordered that the 3rd defendant (chief judge of Abia State) or any other judge of the court or any judiciary officer are hereby restricted from swearing-in the 1st defendant (Ogah) while the claimant (Ikpeazu) remains in office in accordance with section 143 (1) & (2) of the Electoral Act 2010 (as amended) and pending the determination of the motion on notice.
“It is also ordered that this order is hereby made to last for 10 days from today. The returnable date is fixed for the 8th day of July, 2016.
“Furthermore, the condition attached to this order is that the enrolled order must be served along with the motion on notice on respondents, else he order automatically lapses on 8th July, 2016.”
The court also ordered the Independent National Electoral Commission not to issue a certificate of return to Mr. Ogah.
The order read: “an order of injunction restraining the 2nd defendant (INEC) from issuing a certificate of return to the 1st defendant (Ogah) while the claimant (Ikpeazu) remains in office in accordance with section 143 (1) & (2) of the Electoral Act 2010 (as amended) and pending the determination of the motion on notice.”
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