The embattled Abia State Governor, Okezie Ikpeazu has challenged the decision by the Federal High Court in Abuja to remove him as the governor of the State. ThisDay reports that a notice of appeal has been filed by Chief Adegboyega Awomolo, SAN, on his behalf challenging the ruling. The governor argues that the Federal High Court lacks the power to order his removal from office.
The appeal states that: “The trial judge erred in law when he ordered as a consequential order that the appellant vacates his office as the Governor of Abia state immediately when there was no jurisdiction in the Federal High Court to remove, vacate the occupier of the office of the governor of a state or order the removal of such officer after the unsuccessful challenge of the result of the election at the Tribunal and swearing in of the appellant as the governor.”
The governor faulted the judge for meting out judgment without giving him the opportunity to exercise his right to fair hearing. “The learned trial judge erred in law when he held that the appellant presented false information to the Independent National Electoral Commission by his ingenous meticulous study and investigation of documents filed in courts in the recess of his chambers and thereby violated the right of the appellant to fair hearing,” he said.
“The decision of the judge which arose from the judicial investigation without opportunity to the appellant violated the appellant’s right to fair hearing,” the governor claims.