• Says INEC right to issue Certificate of Return

By Willy Eya

LAWYER and rights ac­tivist, Festus Keyamo de­clared yesterday that Abia governor, Okezie Ikpeazu was occupying the office illegally.

Keyamo also said issu­ance of a Certificate of Return to Dr Uche Ogah of the Peoples Democratic Party (PDP) by the Inde­pendent National Elec­toral Commission (INEC) was in order.

Keyamo said contrary to opinions expressed in cer­tain quarters, nothing pre­vented INEC from comply­ing immediately with the orders of the Federal High Court.

He said Section 143(1) of the Electoral Act, Part VIII which gave Ikpeazu 21 days within which to file an appeal against an adverse judgment applied only to post-election mat­ters before election tribu­nals or the Court of Appeal and not pre-election mat­ters as it was in this case.

The scenario now, he said, is that of a person, without any document entitling him to the gover­nor’s office, whilst a person who has both a valid court judgment and Certificate of Return is unable to as­sume office as governor of the state.

“Let the world know to­day that Ikpeazu is operat­ing illegally as governor of Abia State and all his ac­tions, orders and anything done in that capacity are null, void and of no effect.”

He explained that in the circumstance, INEC acted legally and correctly by in­stantly issuing a Certificate of Return to Ogah.

“It would have been permissible for Ikpeazu to continue in office as gover­nor of Abia State pending the outcome of the appeal despite the judgment of the Federal High Court (and the nullification of his Certificate of Return) if Ogah had not been is­sued a certificate of return instantly.

“But, having been issued the Certificate of Return, it is constitutionally abnor­mal and legally paradoxical that a person with a validly issued Certificate of Re­turn should not occupy that office and the person with an invalidated Certif­icate of Return continues to occupy that office.

“That is why the Inter­im Order restraining the Chief Judge of Abia State or any other judicial offi­cer from swearing in Ogah is non-sequitur as the judg­ment of Justice Abang has already been complied with by INEC.”

On June 29, two days after a Federal High Court in Abuja quashed Ikpeazu’s election over forgery of tax certificate and ordered Ogah to be sworn in, INEC issued a Certificate of Re­turn to the latter.