Ikpeazu’s appeal was with respect to the judgments of the Federal High Court in Abuja on June 27 removing him from office.
Recall that Justice Abang on the said date sacked Ikpeazu as governor over tax evasion amongst other offences.
He had further insisted that he had jurisdiction to hear a motion for stay of execution of his earlier judgments delivered even after the appeals against the judgments had been entered.
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But at the resumed hearing, the Justice Helen Ogunwumiju-led five-man bench unanimously agreed in their judgment that Justice Abang erroneously assumed jurisdiction to hear the motion.
Justice Philomina Ekpe, who read the lead judgment, held that what Justice Abang ought to have done in line with time-honoured doctrine of “stari decisis” was to have transferred the motion to the Court of Appeal for determination.
She also held that the Justice Abang wrongly interpreted the provisions of Order 4(10) and (11) of the Court of Appeal rules when he held that the said provisions were only applicable to an interlocutory ruling of the lower court and when a final judgment in a suit had been delivered.
In her contribution, Justice Ogunwumiju, held that the trial judge “deliberately stood the law on its head” by justifying his jurisdiction to hear the motion when appeal has been entered.