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| Mr. Monday Ubani |
Mr. Monday Ubani is one of the counsel for Mr. Uchechukwu Ogah, who was declared by a Federal High Court as the true winner of the Peoples Democratic Party governorship primary in Abia State. He tells LEKE BAIYEWU that the interim injunction of stay of execution obtained by the embattled governor is inconsequential
Why did the Independent National Electoral Commission go ahead to issue Mr. Uchechukwu Ogah a certificate of return when Governor Okezie Ikpeazu had already appealed his sacking by the Federal High Court?
An appeal, in law, does not operate as a stay (of execution). The judgment of Justice Okon Abang was that INEC should issue the certificate of return immediately to Dr. Uche Samson Ogah and that the Chief Judge of Abia State was ordered to swear in Ogah immediately; that was the judgment of the court. Even if they have appealed, the appeal does not in any way operate as a stay of execution, except there is an express order by that same court staying execution or by a higher court – in this case, the Court of Appeal. In the absence of that express order, there is nothing standing on the way that order being obeyed as I speak to you.
It appears that there is a legal logjam in Abia on this matter.
There is no logjam. People are just creating unnecessary issues. They went to a high court to obtain an interim order restraining the chief judge from swearing in Ogah. The (Abia) high court is a court of equal jurisdiction with the Federal High Court which gave the judgment on Monday, ordering that Ogah should be issued with a certificate of return; ordering the chief judge to swear in Ogah immediately. That decision (judgment) has not been reversed by any higher court. INEC gave a very explicit explanation on what it had done; that the order before it now was to issue certificate of return to Ogah and there was no contrary order, either by the same court or any higher court. And that is the fact. That somebody has gone to court to file any motion (of appeal) does not operate as a stay (of execution); there must be an order by a court for a stay to operate. They should stop creating issues or legal logjam that does not exist. There is no legal logjam anywhere.
What if Ogah has been sworn in before then, can his installation be reversed at that stage?
If he (Ogah) has been sworn in – just like the man (Ikpeazu) had been sworn in and his certificate has been cancelled – his certificate can be cancelled. Was Ikpeazu not sworn in before?
Are you saying the interim injuction granted by the Abia court should be disregarded?
It is of no consequences. It cannot vacate an existing judgment of the court (FHC). At best, you can call it a black market injunction. And that is the kind of injunctions they were obtaining during the time of (military dictator, Gen. Ibrahim) Babangida; it was called ‘quorum shopping.’ You would go from one place to another, looking for a court order. Who assigned that case (for the interim injuction)? We heard that the Chief Judge of Abia State was in Abuja. So, where was this case filed, when was it assigned, who assigned it and when did the court take the decision they are presenting to the public?
The chief judge was alleged to have absconded. Do you see him as confused over this matter?
The truth is that the chief judge may have been appointed by the current government, so his loyalty will be for the man (Ikpeazu) who is there now. The report that he has absconded may be not to do the needful by swearing in the new governor (Ogah). I understand that they are keeping the chief judge away and hiding him somewhere in Abia State; that is the story. It is a dirty way of playing politics by trying to vitiate a valid court judgment ordering the chief judge to swear in Ogah (as governor).
Is there any legal implication if the chief judge fails to execute the court order under what specific period?
Of course, there are implications. The Chief Judge of Abia State is under oath to comply with the judgment of a court with competent jurisdiction and he must keep the oath in order to obey the Constitution and the laws of the land, including carrying out lawful instructions. It was a lawful order that was given to the chief judge and I understand that the chief judge is running away from implementing the order. That has implication because the Nigeria Judicial Council can be approached to complain about this particular act and it will be looked into. Evidence will be presented on what happened. He is not there; the chief judge is not there!
Your learned colleague, Ebun-Olu Adegboruwa, is alleging that the whole idea may be an agenda set by the All Progressives Congress to govern Abia State. Do you see the hand of the APC in this matter?
I must say that I am totally disappointed by this kind of allegation from a person who is supposed to be a lawyer. I am totally disappointed for any lawyer to open his mouth and make an allegation that has no fact. How can he say the APC is sponsoring it in order to get power? Some even told me that he said Ogah would later defect (from the PDP) to the APC after he becomes governor. How can he make such an allegation when he doesn’t have any fact? There is no truth in it. We started this case a long time ago. In fact, I was the one who was even telling Ogah to do certain things and he said, ‘No, I will remain in the PDP.’ He said, ‘Ubani, I will remain in the PDP because God told me to remain in the PDP.’ Ogah has never shown any doubt about where he belongs – the PDP. For somebody to make such an allegation that has no fact and basis, I am totally disappointed. I am ashamed of such kind of allegation.
Onagboruwa also believes that as much as the executive alleges that the judiciary is frustrating enforcement of the rule of law, it is also harassing those in the judiciary, including judges and lawyers. Have you experienced such?
I cannot say I am frustrated. Our judicial system has a way of correcting itself and that is why we have the Court of Appeal and the Supreme Court. If there is any wrong done at the lower court, you can approach a higher court and get the mistake corrected. I have so much faith in our judicial system. I believe in our judicial system. I also believe that all lawyers must try as much as possible to get the mistake corrected. I consider it a cheap blackmail. When a judge wants to do justice and you start blackmailing him or her just because you are a lawyer or you have access to the press; that cannot be tolerated. I know that our judicial system will correct itself even in this particular case. But if you read the judgment of Justice Okon Abang, it was very comprehensive, profound; a novel case that cited so many authorities where the Supreme Court had made pronouncements.
If you say the interim injunction Ikpeazu got is from a court of equal jurisdiction and the chief judge is not available to swear in Ogah, what is the next step for your client?
Apart from the chief judge, there are other people who can conduct the swearing in. The chief judge is under a mandatory order to swear in Ogah but if he fails to do that, other options can be explored.
What are the other options?
I won’t disclose that. We will pursue other options if the chief judge fails to do what he is supposed to do.
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