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Ikpeazu Demands For Copy Of Appeal Judgment, Writes INEC

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ikpeazu official

See copy of letter below

WOC/LG/VOL.1/002/2016
2nd January,2016

Professor Mahmood Yakubu
Chairman
Independent National Electoral Commission (INEC)
INEC Headquarters
Abuja.

Dear Sir,
Re: THE COURT OF APPEAL JUDGMENT OF 31st DECEMBER, 2015 IN THE ABIA GOVERNORSHIP ELECTION IN APPEAL NO/OW/EPT/GOV/6/2015

We continue to act as counsel to His Excellency, Dr. Okezie Victor Ikpeazu, the Governor of Abia State (our client), and we have his instruction to write you on the above subject as follows:

(i) that our client was elected by the electorate as the governor of Abia State in the governorship election held on 11th and 25th April, 2015.

(ii) that upon his return as the governor by INEC, Mr. Alex Otti and his political party, All Progressive Grand Alliance (APGA) challenged his return at the governorship election tribunal sitting at Umuahia, and which tribunal dismissed their petition on 3rd November, 2015.

(iii) being dissatisfied with the judgment of the tribunal, the petitioners appealed to the court of appeal, and by the judgement of the court of appeal delivered on the 31st December, 2015, the court o appeal allowed the appeal and declared Alex Otti as governor of Abia State.

(iv) that our client is naturally dissatisfied with the judgment of the court o appeal and therefore has instructed us to appeal against same to the Supreme Court. He has an unimpaired and unfettered constitutional right to appeal against the judgment of the court of appeal to the Supreme Court, under and by virtue of section 233(2)(e)(iv) of the constitution of the Federal Republic of Nigeria, 1999 (as amended). Also, under section 143(2) of the electoral act, 2010 (as amended), our client has the statutory right to remain in office pending the expiration of the period within which an appeal shall be filed, assuming without conceding that he does not even want to lodge an appeal against the decision of the court of appeal. Upon filing his notice of appeal, our client is also constitutionally entitled to remain in office until the Supreme Court decides and pronounces on his appeal.

(V) arising from the foregoing, and bearing in mind the fact that INEC itself is a party to the processing as, and would also be a party to the appeal Whigs would be definitely be filed on behalf of our client immediately on receipt of the judgment of the court of appeal, may we urge on INEC to resist any invitation by anybody or from any quarter to do anything that would work contrary to the clear and express provisions of both the constitution and electoral act in respect of the res of the appeal particularly, the position of the governor of Abia State, which our client occupies.

(vi) that what is causing the delay against the filing of the notice and grounds of appeal against judgment is the failure of the court to avail both our client and our humble selves of a copy of its judgment, even as at the time of writing this letter, and despite demands.

Mr. Chairman Sir, accept the assurances of our highest esteem.

Yours faithfully,
Wole Olanipekun

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