Abia: My Order Sacking Ikpeazu Stays – Justice Abang

By Ikechukwu Nnochiri, Anayo Okoli, Victor
Otigbu & Ugochukwu Alaribe
ABUJA — The Federal High Court in Abuja,
yesterday, dismissed as lacking in merit an
application seeking to set aside the enrolled
order of the judgment that sacked Governor
Okezie Ikpeazu of Abia State from office.
This came on a day presiding judge of the
Federal High Court, Owerri, Justice A. I.
Alagoa, fixed July 8 to deliver judgment on the
tax forgery suit filed against Ikpeazu by a
chieftain of Peoples Democratic Party, PDP, in
Abia State, Mr. Friday Nwosu.

Justice Okon Abang and Governor Okezie
Ikpeazu of Abia State.
By Taboola Sponsored Links
Abia: My order sacking Ikpeazu stays –
Justice Abang
ON July 5, 2016 1:39 AM / IN Headlines ,
News / Comments
By Ikechukwu Nnochiri, Anayo Okoli, Victor
Otigbu & Ugochukwu Alaribe
ABUJA — The Federal High Court in Abuja,
yesterday, dismissed as lacking in merit an
application seeking to set aside the enrolled
order of the judgment that sacked Governor
Okezie Ikpeazu of Abia State from office.
This came on a day presiding judge of the
Federal High Court, Owerri, Justice A. I.
Alagoa, fixed July 8 to deliver judgment on the
tax forgery suit filed against Ikpeazu by a
chieftain of Peoples Democratic Party, PDP, in
Abia State, Mr. Friday Nwosu.
The court, in a ruling by Justice Okon Abang,
maintained that all the orders contained in the
judgment it delivered against Ikpeazu on June
27 subsist until they were set aside by the
appellate court.
Justice Abang gave the ruling on a day the
embattled governor, through his team of four
Senior Advocates of Nigeria, led by Chief Wole
Olanipekun, SAN, applied for an order
restraining the beneficiary of the verdict, Mr.
Uche Ogah, and the Independent National
Electoral Commission, INEC, from executing the
judgment.
The judge had, in his judgment, ordered Ikpeazu
to vacate his office, even as he directed INEC
to immediately issue a fresh certificate of
return to Ogah, who came second in the
governorship primary election of the PDP.
Although INEC had since issued certificate of
return to Ogah, another court in Abia State had
restrained the Chief Judge from swearing him
in.
Ikpeazu wants order set aside
Meantime, Ikpeazu, through his
lawyers, yesterday, re-approached the high
court, praying it to set aside its order dated
June 27 that led to the issuance of certificate
of return to Ogah.
Olanipekun urged the court to take judicial
notice that INEC issued certificate of return to
Ogah on June 30, despite the fact that it was
served with Ikpeazu’s notice of appeal and
application for stay of execution at exactly
12:50 p.m on June 28.
He contended that INEC acted wrongly by
going ahead to issue the certificate to Ogah,
two days after it was served with the appeal
processes.
Olanipekun told the court that his client had
filed “a comprehensive and elaborate notice of
appeal,” and was “desirous of speedy and
expeditious determination of the matter.”
Ogah accuses Ikpeazu of resorting to self-
help
However, Ogah, who was represented by five
SANs, led by Dr. Alex Iziyon, urged the court to
refuse Ikpeazu’s prayer for stay of execution of
the judgment.
Ogah told the court that Ikpeazu obtained a
restraining order from another high court at
Osisioma in Abia State that prevented him from
being sworn in.
He stressed that Ikpeazu got the restraining
order from the high court in Abia when his
motion for stay of execution was already
pending before the court in Abuja.
“Where a party has taken to self-help, your
lordship should refuse to indulge them further,”
he argued.
Responding, Olanipekun said it was Ogah and
INEC that “deliberately and calculatively
resorted to self-help in order to frustrate both
the motion for stay of execution and the
pending appeal.”
He relied on Order 4 Rule 1(2) of the Judgment
Enforcement Rules to argue that there should
have been a timeline for enforcement of the
June 27 verdict that removed his client.
Olanipekun insisted that INEC “illegally
tampered with the res of the case” by issuing
certificate of return to Ogah, despite the
pending appeal against the judgment.
He also prayed the court to adjourn hearing on
the motion for stay of execution until Thursday
to enable him respond to a further affidavit
filed by Ogah.
On its part, INEC lawyer, Mr. Alhassan Umar,
told the court that the commission had already
issued certificate of return to Ogah as it was
ordered to do, before it was served with
Ikpeazu’s motion for stay.
Umar said though the certificate was signed on
June 28, it was, however, handed to Ogah two
days later.
According to INEC lawyer, “My lord ordered the
3rd defendant to issue certificate of return
forthwith and upon service of the order, my
lord, on June 28, the 3rd defendant issued a
certificate of return accordingly.
“The certificate of return was issued before we
were served with the motion on June 28. We
had issued the certificate upon being served
with the court order. But the actual
presentation of the certificate was on June 30.
But we had complied with the order of my lord.
“We had no difficulty to issue the certificate
because election matters are sui-generis.
Where the law intends that an appeal should
operate as a stay, it is expressly provided so.
In our view, this matter is not regulated by
Section 143 of the Electoral Act.”
My order sacking Ikpeazu stays —Judge
In his ruling, Justice Abang refused to set aside
the order containing the judgment against
Ikpeazu, even as he adjourned hearing on the
motion for stay of execution till Thursday.
The judge said he would on that day also
decide on an application by Ogah seeking to
set aside the restraining order of the High
Court in Abia State, as well as an application
asking him to set aside the certificate of return
INEC issued to Ogah.
Justice Abang held that the enrolment order
against Ikpeazu was properly signed and
issued.
The judge said though section 294 of the
constitution allowed the court to get the
judgment ready within seven days, he said the
registry ensured it was available in four days,
owing to pressure from Ikpeazu.
He said: “I had jurisdiction to sign the
enrolment order as at the time I did so. The
court cannot order a sitting governor to vacate
his office just for fun. We are here to settle
dispute and I am not afraid to take decision.
“Therefore, those going to the media to
misinterpret the decision of the court when they
have not even taken out time to study the 131-
page judgment should take caution.”
Judgment on tax forgery suit for July 8
Meanwhile, presiding judge of the Federal High
Court, Owerri, Justice A. I. Alagoa, has fixed
July 8, to deliver judgment on the tax forgery
suit filed against Ikpeazu by Nwosu.
Nwosu, who ran for the December 8, 2014, PDP
governorship primaries in the state, had
accused the governor of submitting a forged
tax clearance certificate, praying the court to
disqualify him.
Joined in the suit were the PDP, INEC, Ikpeazu
and Ogah as 1st, 2nd, 3rd and 4th defendants,
respectively.
The parties adopted their written addresses.
Counsel to Nwosu, F. Unyimadu, prayed the
court to grant the prayers of his client by
disqualifying Ikpeazu for submitting forged tax
certificate and declare him governor. Unyimadu
added that the governor was not qualified to
run for the primary election.
He further argued that Ogah, who refused to
sign the result and petitioned the PDP to
conduct another primary election, had forfeited
his right to benefit from the exercise.
In their separate arguments, counsel to PDP,
INEC, Ikpeazu and Ogah, Paul Ananaba (SAN),
Jude Nnodum (SAN), Theo Nkire and O.J.
Nnadi (SAN), respectively, said Nwosu’s suit
lacked merit and urged the court to dismiss it.
Earlier, the counsel had opposed an attempt by
Ogah’s counsel to leverage on the judgment of
the Federal High Court, Abuja, which declared
him governor. This was upheld by the judge,
who ruled that he was not bound by the
verdict of a court of the same hierarchy.
In a related development, Nwosu has filed a
notice of appeal on the judgment of the Federal
High Court, Abuja, which declared Ogah as
governor, praying the court to set it aside and
declare him governor.
In a notice of appeal filed against Suit No.
FHC/ABJ/CS/71/2016, between Sir Friday
Nwanozie Nwosu (Appellant) and Sampson
Uchechukwu Ogah, Peoples Democratic Party,
Dr. Okezie Victor Ikpeazu, and the Independent
National Electoral Commission, as
Respondents, Nwosu listed nine grounds of
appeal and particulars of error on the judgment
delivered by Justice Okon Abang on October
27.
While praying the Court of Appeal to set aside
the judgment, Nwosu also sought five reliefs:
“an order setting aside the declaration of first
respondent, Uche Ogah, as the elected governor
of Abia State as declared by the trial court.
Others include: “an order that the first
Respondent, Uche Ogah, is stopped from
claiming any right or benefit from the second
respondent’s (PDP) Gubernatorial Primary
Election of 8/12/2014, in Abia State, having
waived his right to do so; an order striking out
the first respondent’s (Uche Ogah) suit on the
ground that it constitutes an abuse of court
process; an order that the suit of first
respondent i.e. (Suit No. FHC/ABJ/
CS/71/2016) is incompetent and the trial court
lacks the jurisdiction to hear and determine the
suit.”
lNEC must reverse itself —PDP chieftain
Reacting to the development, Mr. Ben
Onyechere, a PDP chieftain and former Special
Assistant to Dr. Alex Ekwueme, said the rush
by INEC to implement the judgment of a
Federal High Court that annulled the election of
Governor Okezie Ikpeazu of Abia State on the
reason that it did not receive the notice of
appeal from the governor’s lawyers was a clear
indication of a well scripted conspiracy and
attempt to disenfranchise the entire Abia
electorate.
According to him, the judgment is the worst
embarrassment that has befallen the judiciary
in recent times.
He said: “The ruling by Justice Abang is a
dangerous trend occurring in an area reputed
for high volatility, especially with the presence
of a pro-Biafran group whom the governor is
labouring to assuage. It is indeed curious and
laughable to behold an INEC official with guilt
written all over him on TV saying that they
never received notice of appeal from Ikpeazu’s
lawyer, only to admit receipt of appeal after
perpetrating their plan.
“The judge, who turned himself to prosecutor,
investigator and adjudicator, refused to
determine a simple fact of whether the
governor was actually working for government
which automatically means his taxes were
deductible on monthly basis.
“However, the onus now rests on INEC officials,
who have now admitted receipt of the appeal,
to quickly reverse themselves without delay to
avert the looming disaster in Abia.”
Ikpeazu submitted tax certificate in error —
Abia PDP
Also reacting, Abia State chapter of the PDP,
yesterday, said the tax certificate submitted to
INEC by Ikpeazu was done in error, saying tax
certificate was not one of the requirements to
run for the office of governor.
The party also alleged that Ogah had very
powerful forces backing him in the fight to sack
Ikpeazu as governor of Abia State but did not
name the powerful forces.
A statement signed by Chief Johnson Onuigbo,
Ikechukwu Omenihu, and Sir. Don Ubani, the
party’s state chairman, Legal Adviser and
Publicity Secretary, respectively, said tax
certificate had never been a requirement to run
for office of the governor, insisting that
Ikpeazu’s aides put it in error.
It said: “Nigerians should be informed that
there is no requirement for payment of tax at
all or as and when due in the constitution,
Electoral Act or INEC nomination form. The tax
documents were included in the documents
accompanying his nomination form by Dr.
Ikpeazu’s aides by mistake.
“The tax documents included by aides of Dr.
Ikpeazu in the nomination form sent to INEC
are genuine and there are absolutely no false
entries in them and even if for purposes of
argument, there were mistakes in the tax
documents, Dr. Ikpeazu was not responsible for
such mistakes and the mandate given him by
hundreds of thousands of Abia voters cannot
be invalidated on the basis of a spurious and
unfounded allegation.”
Citing some legal decisions, the party said: "We
have taken the trouble to set out these few
examples of the principles governing our
democratic process just to demonstrate to
Nigerians what is under attack by Uche Ogah
and his cohorts: a sacrosanct mandate donated
to Dr. Okezie Ikpeazu by citizens of Abia State.
“It is the constitution that sets out the criteria
for eligibility to stand for election as governor.
By Section 177 of the 1999 Constitution, there
are only four requirements or conditions for
eligibility to the office of Governor: citizenship
of Nigeria, attainment of 35 years of age,
membership/sponsorship of a political party
and education up to School Certificate level or
its equivalent.
“Section 182 of the Constitution sets out other
events that could disqualify a candidate and
non-payment of tax at all or as and when due
is not one of them. There is no requirement for
payment of tax under the Electoral Act.
“An examination of the nomination form for all
elective offices in Nigeria, including for
governorship shows clearly that payment of tax
is not mentioned and tax receipts or tax
clearance certificates are not one of the
documents required to be included in the form.
“Dr. Ikpeazu’s tax documents were either
mistakenly included in the bundle of documents
accompanying his Nomination Form by his
aides or simply added out of the abundance of
caution.”
Enforce judgment now —EUF
But a group, the Eastern Unity Forum (EUF)
has demanded the immediate enforcement of
the order of the Federal High Court that
removed Ikpeazu from the office as governor of
Abia State, urging the Attorney General of the
Federation, Inspector General of Police, the
Director of the Department of State Services
and other security agencies to enforce the court
order without further delay and avoid brewing
anarchy in the state.
It described the judgment obtained by Ikpeazu
as judicial coup, occasioned by impunity which
must not be allowed to stand.
The group at a press briefing in Abuja,
yesterday, by its National President, Chief
Emmanuel Okereke and National Secretary,
Chief Willy Ezugwu, vowed to mobilize the
people to enforce the court judgment if security
agencies failed to do their job.
Describing the court verdict obtained by the
embattled Abia State governor from the state
High Court as a judicial coup, the group said:
“For Mr. Okezie Ikpeazu to rush to another
court of coordinate jurisdiction to arrest the
unambiguous judgment delivered by Justice
Okon Abang on Monday, June 27, 2016 which
ordered that Ogah be sworn in immediately is
nothing but a delay tactics and judicial coup
that must not be allowed to stand.
“We, therefore, call on the Attorney General of
the Federation (AGF), the Inspector General of
Police (IGP), the Director of Department of
State Services (DSS) and all other security
agencies and law enforcement agencies of the
Federal Government to wake up and be alive to
their constitutional duties and ensure that Dr.
Uchechukwu Sampson Ogah is sworn in as
Abia State governor without further delay."
Declare Alex Otti gov —APGA
In another development, the All Progressives
Grand Alliance, APGA, Abia State chapter, has
faulted the judgment of the Federal High Court
which ordered that Ogah be sworn in as the
state governor.
A statement signed by APGA state chairman,
Augustine Ehiemere, decried the judgment as
untenable as the Electoral Act 2010, as
amended, forbade any person who did not take
part in all stages of the election to be sworn in
and insisted that its governorship candidate in
the 2015 election, Dr. Alex Otti, remained the
lawful candidate who ought to be declared
governor.
“APGA considers Uche Ogah’s declaration as a
huge error, unacceptable to the party,
untenable in Nigeria’s 2010 Electoral Act as
amended, which forbids any person that did not
take part in all the stages of an election from
being declared winner.
“Since there is no record anywhere to show
that Dr. Uche Ogah won the primaries of his
party, the PDP, let alone take part in all the
stages of the last governorship election in Abia,
his declaration as the governor by the court is
strange and alien to the law.
“Hence, we humbly demand that the appellate
court, while upholding Ikpeazu guilty verdict,
corrects this huge error by issuing the right
order which is to declare the candidate who
scored the highest lawful votes, the APGA
candidate, Dr. Alex Otti, governor, as he did
not only meet all the constitutional
requirements and vote spread across the state,
but even won more local governments than the
sacked Okezie Ikpeazu; this is an
incontrovertible fact.”