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Tag: Abia State governor

  • EFCC re-arraigns Kalu for allegedly diverting N3.2b Abia funds

    EFCC re-arraigns Kalu for allegedly diverting N3.2b Abia funds

    Former Abia State Governor Mr Orji Uzor Kalu on Monday lost his bid to avoid being re-arraigned in Lagos for an alleged N3.2billion fraud.
    He had petitioned Chief Judge of the Federal High Court Justice Ibrahim Auta opposing a bid to transfer of his case from the Federal High Court Abuja to the Lagos Division.
    But, the CJ refused the prayers, paving the way for his re-arraignment before Justice Mohammed Idris sitting in Ikoyi.
    The Economic and Financial Crimes Commission (EFCC) re-arraigned Kalu along with Udeh Udeogu and Slok Nigeria Limited on 34 counts of money laundering.
    They were first arraigned on September 27 before Justice Anwuri Chikere of the court’s Abuja division.
    On learning that the case had been transfered to Lagos, Kalu, through his lawyer Prof Awah Kalu (SAN), filed an ex-parte motion seeking leave of court to apply for an order of mandamus to compel the CJ to reverse the transfer.
    He also prayed that the order should operate as “a stay of all actions, matters or issues ancillary to or relating to or pertaining to or connected with the case, pending the hearing and determination of the suit.”
    EFCC, Attorney General of the Federation, Mr Abubakar Malami (SAN), and Justice Auta are the respondents.
    In a supporting affidavit deposed to by a lawyer, Mr Ikechukwu Njoku, Kalu said the case, filed after he left office in 2007, suffered delays due to interlocutory appeals.
    Kalu said he temporarily relocated to Abuja to face the trial, therefore it would be in the interest of justice to let the case remain in Abuja.
    The suit, filed after the transfer of the corruption case to Lagos, is still pending in Abuja.
    Kalu and his co-accused allegedly diverted about N3.2billion from the Abia’s treasury while he was the governor.
    Kalu was said to have allegedly diverted the funds in tranches of N200million, N50million, N200million, N300.8million, N545million, N429million, N288.4million, N190million, N157million, N152.8million, N100million, N84million and N50milliob between August 13, 2003 and January 12, 2005.
    The offence is said to be contrary to Section 17 (c) of the Money Laundering (Prohibition) Act 2003 and punishable under Section 16 of the same Act.
    The EFCC accused Slok Nigeria Limited of conniving with one Emeka Abone said to be at large, to help Kalu retain the allegedly stolen funds in its accounts.
    The prosecution said Slok “knew or at least suspected the said Orji Uzor Kalu to have engaged in a criminal conduct.”
    Udeogu was accused of helping Kalu to pay part of the allegedly stolen funds into Slok’s account with the defunct FinBank Plc.
    They were alleged to have utilised Manny Bank (now Fidelity Bank Plc), Spring Bank Plc, the defunct Standard Trust Bank and FinBank, now First City Monument Bank (FCMB) to divert the funds.
    In counts one to 10, the accused were alleged to have retained about N2.5 billion in different accounts, which funds were said to belong to the Abia State government.
    Kalu was alleged to have, between August 13, 2003, and August 10, 2005, used his company Slok to retain N2.5billion in his account domiciled with the Apapa branch of  First Inland Bank.
    EFCC said the money formed part of funds illegally derived from the state’s treasury and were converted into several bank drafts before they were paid into Slok’s account.
    In counts 22 to 33, Kalu, Udeogu, Slok and Abone allegedly collaborated to conceal the genuine origin of N2.1billion, which formed parts of funds Illegally derived from the treasury between August 13, 2003, and August 10, 2005.
    The defendants pleaded not guilty.
    Kalu’s lawyer, Chief Mike Ozekhome (SAN), urged Justice Idris to allow him to continue on the bail earlier granted him.
    “We are seeking the court’s discretion for the first defendant to continue on the existing bail granted to him on April 20, 2008 by Justice Adamu Bello.
    “Since this matter has started, he has not jumped bail. He is an employer of labour; therefore, he will not undermine this court,” the SAN said.
    Udeogu’s lawyer, Mr Solo Akuma (SAN), also urged Justice Idris to allow his client to continue on the existing bail granted him.
    “The second accused person is a retired permanent secretary and his wife is a judge of the Federal High Court,” Akuma added.
    Prosecution counsel Mr Adebisi Adeniyi did not oppose the applications.
    Justice Idris granted as prayed and adjourned until December 12 and 23 for trial.
  • Appeal Court reverses Ikpeazu’s sack

    Appeal Court reverses Ikpeazu’s sack

    ……Voids Certificate of Return issued Ogah

     

    The Court of Appeal in Abuja has reversed the sack of Abia State Governor, Victor Okezie Ikpeazu by a Federal High Court in Abuja.

    Justice Okon Abang of the Federal High Court, Abuja had in two judgments on June 27 this year, on suits by Sampson Ogah and Obasi Ekeagbala, voided Ikpeazu’s election on the ground that he made false claims in his tax documents submitted to the Independent National Electoral Commission (INEC).

    In six separate judgments Thursday, a five-man bench of the Court of Appeal, led by Justice Helen Moronkeji Ogunwumiju set aside the two judgments by Justice Abang on the grounds that his findings and conclusions were wrong.

    The appellate court reversed all the orders he made, including Ikpeazu’s sack and the issuance of Certificate of Return to Ogah by INEC.

  • Court judgment a call for more service to Abians – Ikpeazu

    Court judgment a call for more service to Abians – Ikpeazu

    The governor of Abia state Dr Okezie Ikpeazu has described the Appeal Court judgment that reaffirmed him as governor as a vehicle that will reinvigorate him to offer more services to the people of the state.

    Reacting to the Appeal Court judgment in Umuahia, Ikpeazu said that the news before him and the people of the state is a pleasant one which has put to rest the issue of who has the mandate to govern the state.

    Ikpeazu said, “The news before us is a wonderful one, as our mandate has been reaffirmed by the Appeal Court sitting in Abuja, the judgment will reinvigorate our efforts in our service to Ndi Abia”.

    The Governor flanked by his Deputy Ude Okochukwu and Speaker of the state House of Assembly, Rt Hon Martins Azubuike, commended the judiciary for restoring the mandate of the people of the state.

    He said, “I want to thank those who prayed and are still praying for the victory, as the democratic gains this country has achieved are too precious to be thrown away at the wimps of a court judgment”.

    Ikpeazu; “I am confident that our tomorrow will be better that our today. We will serve Ndi Abia with the last drop of our energy, by ensuring that the mandate given to us will not be mishandled in any way”.

    In his speech the PDP BoT chairman Senator Waheed Jubril said the party hierarchy was confident that the governor would win the case and expressed confidence that Governor Ikpeazu would govern Abia well.

    Jubril said that they were in the state for the condolence of Chief Ojo Maduekwe and had been praying for his success of Ikpeazu at the court as they never entertained any fears that he would lose at the Court of Appeal.

  • Court refuses Ikpeazu’s request to set aside order on INEC

    Court refuses Ikpeazu’s request to set aside order on INEC

    A Federal High Court in Abuja has rejected request by Abia State governor, Okezie Ikpeazu to set aside the enrolled orders on its judgment of June 27 on which basis the Independent National Electoral Commission (INEC) issued a certificate of return to Samson Ogah.

    Following the June 27 judgement by Justice Okon Abang, sacking Ikpeazu, an enrolment of the judgment orders were served on INEC, on which it relied in issuing the certificate of return to Ogah.

    Monday, Ikpeazu’s lawyer, Wole Olanipekun (SAN) had while praying the court to set aside the enrolled orders, argued that it formed the basis of the confusion created by INEC’s action.

    Olanipekun, in his counter-response, again accused INEC and Ogah of being the ones resorting to self-help.

    He argued that there was no justification for presenting the certificate of return to Ogah on June 30 after INEC had received the notice of appeal and the motion for stay of execution on June 28.

    He went on to urge the court to set aside the enrolled order of the court issued with respect to the judgment served on INEC, which he said was the foundation of the “purported issuance of the certificate of return” to Ogah.

    He also asked the court to quash the certificate of return issued to Ogah by INEC.

    He said, “I urge your lordship to set aside the certificate of return purportedly issued by INEC on June 28 and handed over to the plaintiff/respondent on June 30 during the pendency of the processes before the Court of Appeal.”

    He urged the court to quash the enrolled order which it issued on the strength of the judgment, arguing that it ought not to have been issued without the parties being given a time lag to exhaust their rights of appeal.

    “Execution of judgment is not automatic as people think. The court is expected to give a time lag to the defendant/judgment debtor,” Olanipekun saidM

    Justice Abang refused to set aside the enrolled court order, saying section 19 of the Sheriff and Civil Processes Act, relied on by Olanipekun did not define processes to include the enrolled court order.

    Describing Olanipekun’s application for the voiding of the court’s enrolled order as lacking in merit, Justice Abang said the court had the power to enroll its order at any time after judgment had be delivered.

    Later, Olanipelun prayed the court to adjourned hearin to a later date in his client’s application for stay of proceedings to enable his respond to the reply filed by Ogah’s lawyer, Alex Iziyon (SAN).

    Iziyon objected and urged the court to set aside the order of the Abia State High Court in Osisioma restraining the Chief Judge of the state from swearing in Ogah as governor, and reiterate the judgment of the court.

    Izinyon argued that going ahead to obtain such an order from the Abia High Court without bringing the order to the attention of Justice Abang on Monday, Ikpeazu had resorted to self-help.

    Izinyon asked the court to set aside the Abia State High Court’s order and reiterate the judgment since Ikpeazu’s motion for stay of execution had allegedly achieved essentially what the motion intended to achieve.

    I”My lord the question to ask borders on the integrity and the sanctity of this order obtained from the Abia State High Court and the application before this court now.

    “They are asking for a date when they have in their pocket a court order which has tied the hands of the plaintiff preventing him from presenting himself for swearing in, contrary to the order of this court.

    “My lord, what is paramount here is that the applicant, Okezie Ikpeazu, went somewhere else to get this order from another High Court.

    “We submit with respect that the applicant did not bring this to your lordship’s attention. They have not told your lordship that they went somewhere else to obtain the order.

    “Now that we have brought this to the attention of the court, our application is that your lordship will undo the act of the applicant by setting aside the order because it was made during the pendency of this application,” Iziyon said.

    In his contribution, lawyer to INEC, Alhassan Umar justified the decision of his cleint to issue certificate of return to Ogah despite the appeal filed by Ikpeazu.

    He argued tahe the mere filing of notice of appeal by Ikpeazu could not operate as stay o proceedings to restrain INEC from executing an order of court duly served on it.

    “We do not object to the application for adjournment.

    “On the issue of enrollment order of this court, the third defendant/respondent (INEC) issued Certificate of Return to the plaintiff respondent as ordered by this court.

    “My Lord, on the issue of time of service of the processes, with due respect, the certificate speaks for itself. The date it was issued is on the certificate.

    “My lord ordered the third defendant to issue certificate of return forthwith and upon service of the order, my lord, on June 28, 2016, 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 order.

    “The certificate bears the date it was issued. We were served with the motion on June 28. But we had issued the certificate upon being served with the order.

    “By the issuance I meant it was signed on June 28, but the actual presentation of the certificate was on June 30.

    “My lord, we had no difficulty in issuing the certificate because election matters are suis generis (are in class of their own), and where the law intends that an appeal should operate as a stay, it is expressly stated so.

    “Section 143 (1) of the Electoral Act deals with election petitions and appeals arising therefrom. The judgment of this court, in our view is not regulated by section 143(1) of the Electoral Act.

    “My lord, in other words, if the law intended that an appeal in a pre-election matter should operate as a stay against the judgment of the court it would have expressly provided so,” Umar said.

    After listening to parties’ submission, Justice Abang elected to hear all pending application, including Ikpeazu’ motion for stay of execution and Ogah’ motion to set aside the order by Abia State High Court to July 7.

    Meanwhile Ogah has appealed to his supporters to remain calm and awaiting the outcome of the pending issues before the court.

    Ogah, in a statement Monday by his Special Adviser on Public Communications, Onyekachi Ubani said “As we enjoin the great people of Abia to remain calm and peaceful as we expect Justice to be done on the matter, Dr Ogah again reaffirms his belief in the rule of rule of law and herein states that this is the right channel for Dr Ikpeazu and his team to seek redress other than resorting to the procurement of a clearly ‘black market judgment’ from an Abia High Court Dr Ogah’s swearing in.

    “It is pertinent to still reiterate that failure to have sworn in Dr Ogah  as the duly elected Governor of Abia State was  an  affront to the rule of law and constitutional governance. The added misfront of instituting and declaring a public holiday in Abia State  to further, in their own wisdom, frustrate Dr Ogah’s swearing in is a clear case of abuse of office.

    “As a law abiding citizen, we submit ourselves to the dictates of the rule of law and in the spirit of true and constitutional democracy await the judgment from the High Court in Abuja on the motion for stay of execution as regards Dr. Ogah’s swearing in slated for Thursday.

    “We enjoin all Abians to remain peaceful as we express optimism that come Thursday, justice will reign supreme over undue machinations. Our resolve to enthrone an Abia that will be the envy of all is total and there is no going back on this.”

  • Democracy is on trial in Abia state – Ikpeazu

    Democracy is on trial in Abia state – Ikpeazu

    The Abia state governor, Dr Okezie Ikpeazu has described the political imbroglio going on in the state as democracy on trial where a man who never contested an election to show his popularity will be declared the winner and certificate of return issued to him.

    Speaking with newsmen on the situation in Umuahia, Ikpeazu who appeared very relaxed said that what is happening is a temporary setback where a man is trying to ambush democracy and get into
    government through the back door.

    Ikpeazu said that the tenets of democracy is very clear as one is required to campaign, run for an election, go through the rigors of tribunal and other courts required to validate his election.

    He said, “I went through a campaign, ran an election and had gone through the tribunal and a court turned around to issue a certificate of return to someone without allowing me to exhaust my legal rights, which I must exercise.”

    The governor said, “I am baffled with the desperation of one man to assume office, here is a man facing twelve criminal charges pending in many courts in Lagos, this means that he is trying to get immunity to
    enable him escape prosecution.”

    “The way things are in the state, it means that democracy is on trial, as people who know me are aware that I worked last at the state environmental agency (ASEPA) where I paid my taxes and people are now
    saying that I did not pay tax.”

    “It is strange to Abians as the Board of Internal Revenue (BIR) which I have no problem with has said it loud and clear that I paid my taxes, as I was duly assessed, so nobody can deny my fundamental
    rights and claim the mandate given to me by the people.”

    “I am resolute to protect the mandate as I have an injunction from a competent court of jurisdiction stopping anyone including the state chief judge or any other person in that capacity in any part of the
    state to swear in any one as governor of the state.”

    The governor then called for caution and thanked the youths of the state for their peaceful disposition since the stalemate started and urged them to continue to exhibit their good character which has
    continued to portray the state in good light.

    Ikpeazu noted that the state is a Niger Delta state, “Which has been very peaceful because the youths have always conducted themselves in an orderly manner, which has made it difficult for any oil pipeline to be vandalized.”

    The governor called on the people of the state to remain calm as he is determined to pursue the matter to the Court of Appeal and the Supreme Court if necessary, “Even if it is an order for execution, I deserve
    the right of appeal.”

    On the issue that there are people behind the stalemate, the governor said he does not believe it, “As am aware that the federal government is fighting corruption, so they cannot support corruption in any
    form.”

  • Breaking: Ikpeazu files notice of appeal

    Breaking: Ikpeazu files notice of appeal

    Abia State Governor, Dr Okezie Ikpeazu, this morning filed notice of appeal and application for stay of execution at the Court of Appeal in Abuja against the ruling of Justice Okon Abang of the Federal High Court…

    Details shortly

  • PHOTO: Kumuyi visits Abia Governor

    PHOTO: Kumuyi visits Abia Governor