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Tag: abia

  • Abia logjam

    Abia logjam

    •It could have been avoided if the parties had not been in undue haste 

    The logjam in Abia State over who is the governor could have been avoided, if the Federal High Court, the parties and the Independent National Electoral Commission (INEC) had not been in an unnecessary haste. While we cannot comment on who is right or wrong between the contending parties in the suit, we think that in such a sensitive matter as to who is the duly elected governor of a state, the electoral commission and the parties should have patiently waited for the opinion of the highest court of the land, if any of the parties pursues that process.

    For reasons best known to the court, presided over by Justice Okon Abang, the court made a post-haste order compelling INEC to immediately issue a certificate of return to the beneficiary of the judgment, as if there is no higher court, before which the judgment can be tested. The judge also went ahead to sign and hand over the certified true copy of the judgment, even when the time limited for possible appeal by the losing party had not elapsed. Of course as lay men, we thought that the reason for allowing such period to elapse before the process of execution is initiated is to allow parties to enjoy their constitutional right of appeal.

    INEC, on its part, acted suspiciously by issuing the court ordered certificate of return, even when a notice of appeal had been served on the commission. This strange behaviour was compounded by the initial denial of the commission that there was no proper service of the notice of appeal, despite the alleged service on the legal department of the commission. Strangely, INEC reportedly changed the story, with the commission claiming that though it was served the notice of appeal, the commission was not also served a motion for stay of proceeding.

    If these reports in the media are correct, then the commission in our view did not act as a disinterested party as it should in the matter. The claim by INEC’s national commissioner in charge of the south east, Mr Lawrence Nwuruku, that it did not want to be charged with contempt if it refused to issue the certificate of return immediately, flies in the face of what the commission had done elsewhere. We refer to Anambra State, where the commission has been prevaricating on the handing over of certificate of return to some lawmakers, for which the commission is now threatened by a contempt proceeding.

    On his part, with a certificate in hand, the court declared the beneficiary of the 2015 gubernatorial election, Samson Ogah, triumphantly set out for Umuahia, the capital of Abia, to upstage the sitting governor, even when he has been served a notice of appeal, and a motion for stay of execution. But for another strange intervention by a state high court in Abia State, effectively rendering the judgment of the federal high court impossible to execute, Mr Ogah and his party were willing to forcefully take over the seat of power, despite the pending appeal.

    Now that an appeal has been lodged, the parties should maintain the status quo, until the final determination by the highest court of the land, that is, if any of the parties wishes to test his rights there. The restraint also encouraged by the security agencies and the federal attorney general, to forestall the degeneration into anarchy is commendable.

    In the meantime, we urge the appeal court to expeditiously deal with the matter, so that normalcy can return to the state, while the parties and the electoral commission must show interest, by their conduct, in the sustenance of our fledgling democracy.

     

  • How will Abia stalemate end?

    How will Abia stalemate end?

    Since June 27, Abia State has not known rest, following the removal of Governor Okezie Ikpeazu by a Federal High Court in Abuja. Last week, the parties returned to court, but Justice Okon Abang sent the matter to the Court of Appeal for resolution since there was no longer anything to stay on his judgment which had been executed by the Independent National Electoral Commission (INEC). Eric Ikhilae writes.

    The legal status of Okezie Ikpeazu as Abia State Governor became more intriguing last Friday. The problem arose from the orders and counter orders by three courts within a week.

    It all began with two judgments on June 27 by Justice Okon Abang of the Federal High Court in Abuja, sacking Ikpeazu from office and ordering that Sampson Ogah, who came second in the Peoples Democratic Party (PDP) primary election be sworn in as governor.

    In compliance with the judgments given in separate suits by Ogah and Uba Eleagbara (described as a member of the PDP) marked: FHC/ 2086/2014 and the consequential orders made by the judge, the Independent National Electoral Commission (INEC) issued a certificate of return (COR) to Ogah.

    But, on June 30, before Ogah could be sworn in, Ikpeazu obtained an order from the Abia State High Court, Osisioma, restraining the  Chief Judge, Justice Theresa Uzokwe, or any judge from administering the oath of office on Ogah.

    Justice C. H. Ahuchaogu, in an ex-parte order, in a suit: HOS 52/2016,  ordered “that the third defendant (state CJ) or any other judge of the court or any judicial officer are hereby restrained from swearing in the first defendant (Ogah) while the claimant remains in office in accordance with Section 143(1) and (2) of the Electoral Act 2010”.

    This created a stalemate that could be resolved by the appellant courts, despite last Friday’s pronouncements by the trial courts.

     

    A slap in the court’s face

     

    Last Friday, while the Abia High Court, extended its order stopping Ogah’s swearing in, Justice Abang suspended proceedings on the pending applications in the Ogah case to await the decision of the appellate courts.

    His decision was informed by the parties’ agreement that since the appeal against the judgment has been entered and given a number at the Court of Appeal, it was tidy to await its outcome. But, in relation to the judgment in the suit by Eleagbara, against which there was no pending appeals, Justice Abang dismissed the applications for stay of execution by Ikpeazu and the PDP. He reaffirmed the orders in the judgment, noting that there was nothing to stay.

    The judge said: “The judgment of this court was given in favour of Dr. Sampson Ogah. One of the orders directed the PDP to forward the names of the person with the second highest votes at the PDP primary, Ikpeazu having been disqualified from contesting the primary, to INEC as the party’s candidate for the election.

    “The order made against Ikpeazu was rightly made. It subsists until it is set aside on appeal. There is no issue of stay of execution. The judgment having been enforced by INEC, there is nothing to stay.

    “The judgment has been executed; certificate of return has been issued in favour of Ogah as Governor of Abia State.

    “There is no evidence that the motion for stay was served on INEC before it issued the certificate of return. Therefore, INEC lawfully issued the certificate of return to Ogah, which was issued in compliance with the orders of the court.”

    The judge awarded N40,000 cost against PDP to be paid to Ogah before it could take any further steps in the case.

    Justice Abang, though refusing to vacate the order made by the Abia High Court, as prayed by Ogah’s lawyer, Alex Iziyon (SAN), came down hard on Ikpeazu.

    The judge noted that having taken steps to circumvent the execution of the court’s judgment, the court could no longer indulge him.

    “Dr. Ikpeazu slapped the court in the face, went to a different court that is of coordinate jurisdiction and obtained another ex-parte order that has the effect of neutralising the order of this court.

    “He slapped the court in the face; he cannot expect the court to grant him an indulgence. You cannot flout an order of court and expect the court to listen to you and grant you a discretionary indulgence. It is a serious matter to slap a court,” the judge said.

     

    Road to stalemate

     

    Upon suspicion that Ikpeazu, then a governorship aspirant, made a false claim in his tax information to his party prior to its primary on December 8, 2014, Eleagbala sued him at the Federal High Court and sought, among others, an order disqualifying Ikpeazu for allegedly violating his party’s Electoral Guidelines.

    Ogah subsequently filed a similar suit, which was initially assigned to Justice Adeniyi Ademola (also of the Federal High Court, Abuja).

    Ikpeazu objected to the suit by Eleagbara and challenged the court’s jurisdiction to hear it. While the issue of jurisdiction was pending at the appellate court, the respondents sought the transfer of the case before Justice Ademola, alleging bias.

    Earlier this year, the Supreme Court resolved the issue of jurisdiction raised against Eleagbara’s case by Ikpeazu. It ordered expeditious hearing of the case by the Federal High Court. The Chief Judge of the Federal High Court, Justice Ibrahim Auta, later reassigned the case taken from Justice Ademola to Justice Abang.

    On June 27, Justice Abang rendered his judgments in both cases. The judge, particularly, observed that Ikpeazu lied in his declaration to INEC that he fulfilled all requirements to stand for election, whereas he did not. He said the issue before the court was not about qualification as required under Section 177 of the Constitution or disqualification under Section 182 of the Constitution.

    “The issue before the court is disqualification to participate in the first defendant’s (PDP’s) primary election for Abia State. It is not whether he was qualified under Section 177 of the Constitution to contest the governorship election.

    “Since there is no provision for independent candidate, it is material that he must first meet the PDP requirement as stipulated in Article 14(a) of the PDP Electoral Guidelines,” the judge said.

    The judge noted that since Ikpeazu was not qualified to contest the PDP primary by making false claim in his tax information submitted to his party, and which his party later submitted to INEC, he breached Section 31 of the Constitution.

    Section 177 of the Constitution provides that a person shall be qualified for election to the office of Governor of a State if he is a citizen of Nigeria by birth; who is 35 years; he is a member of a political party and is sponsored by that political party; and he has been educated up to at least School Certificate level or its equivalent.

    Section 182 (1) of the Constitution listed condition under which a candidate could be disqualified to include: voluntary acquisition of citizenship of another country, being elected to such office at any two previous elections; being adjudged a lunatic, or a person of unsound mind, being under a sentence of death; or within 10 years before the election he has been convicted and sentenced for an offence involving dishonesty; or having been found guilty of the contravention of the code of Conduct and being an undischarged bankrupt.

    Others include that he has not resigned, withdrawn or retired from the employment of public service of the federation or a state at least thirty days to the date of the election; belonging to any secret society; or he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a Tribunal, or if he has presented a forged certificate to INEC.

     

    Third party interests

     

    Incidentally, the dispute has attracted third party interests, with some now seeking to benefit from the prevailing stalemate. One of such is Friday Nwosu, who said he was also a PDP governorship aspirant in the state.

    He went to a Federal High Court in Owerri, the Imo State capital, urging the court to, among others, declare him as the ‘lawful’ governor of Abia State and not Ogah. Nwosu who alleged that Ikpeazu forged his tax papers

    In a judgment last Friday, the trial judge, Justice A.I Allagoa, dismissed Nwosu’s suit on the grounds that he failed to discharge the burden of proof placed on him under the law to prove that the tax documents were, indeed, forged.

    The judge stated further that Ikpeazu could not have issued himself the said receipt which was alleged to be fraught with irregularities, noting that it was purely an internal PDP matter and that the party acted within its right in fielding Ikpeazu for the election.

    A candidate in the last governorship election in the state, Daniel Ikechukwu Onyeonagu, who contested under the banner of the Kowa Party, has also indicated interest in the case. He contended that Justice Abang was wrong for ordering that Ogah takes over from Ikpeazu as governor, but that the best decision would have been to order a fresh election.

    Onyeonagu has applied to the Federal High Court, Abuja, as an interested party, for leave to appeal the judgments in both cases decided by the Abuja court.

    One of the grounds of his appeal in his proposed notice of appeal, is that Justice Abang erred when he ordered that Ogah be sworn in, having not participated in the election as required under Section 141 of the Electoral Act.

    Relying on the provision of Section 31(6) of the Electoral Act, Onyeonagu also faulted Justice Abang, contending that by the provision of Section 31(6), the much the judge could have gone was to disqualify a candidate found to have supplied false information from contesting the election.

    “The powers of the court as envisaged under the provisions of Section 31(6) of the Electoral Act 2010 (as amended) do not extend to that of declaring a runner up  to a disqualified candidate of a political party in an intra-party  primary, winner  of an inter-party election conducted by INEC, when the runner up only participated in the intra-party primary of the concerned political party of the disqualified candidate and not the general election conducted by INEC in which the electorates are given room to vote for the candidate of their choice,” he said.

    Onyeonagu urged the Court of Appeal to set aside the judgments by Justice Abang and order INEC to conduct a fresh election for Abia State within 90 days from the day of its judgment, in which all political parties and Nigerian citizens, who vied for the governorship election of Abia State on April 11 and 25, this year are to participate to the exclusion of Ikpeazu, Ogah and their party.

     

  • Governors’ Forum worried about Abia impasse

    The Nigeria Governors’ Forum (NGF) is worried about the political stalemate in Abia State, where two courts of coordinate jurisdiction have issued conflicting judgments on the governorship seat.

    Chairman of NGF Zamfara State Governor Abdulaziz Yari, said the governors are working behind the scene to ensure there is no breakdown of law and order in the state.

    He spoke yesterday in Sokoto while addressing traditional rulers from Abia State during a condolence visit over the death of renowned politician Umaru Shinkafi.

    Yari pleaded that claimants to the governorship seat should respect the courts and avoid acts that will lead to violence.

    The royal fathers were led by the Chairman of South East Council of Traditional Rulers and Abia State Traditional Rulers’ Council, HRM Eze Eberechi N. Dick.

    “As a forum, we are concerned about what is going on in Abia and we are working to ensure all sides respect the courts, and uphold peace. Abia is known for peace, as such we should not do acts that will disturb the peace of the state,” Yari said.

    Sokoto State Governor Aminu Waziri Tambuwal said Sokoto state has a long-standing relationship with the people of the South East and the visit of the traditional rulers on a condolence had reaffirmed that relationship.

    Tambuwal said rather than lay emphasis on things that divide the country, Nigerians should dwell on those things that unite the nation.

    “We are all on journey to unity, stability and progress of our dear country.

    “The Abia State governor is a very good friend of mine, so I am praying for him to overcome the present challenges he’s facing as a public officer,” he added.

    On Shinkafi, Tambuwal described him as a man of wisdom and integrity who enjoys the respect and admiration of all Nigerians.

    “No doubt, Shinkafi is the father, and architect of Nigeria’s modern security apparatus. His ideas and handwork gave birth to our present security structure, so he fully deserves all the enconmiums that have come his way since his passage,” the governor added.

    Eze Eberechi commended the Sokoto State government for the warm relationship between indigenes and residents of other states, especially those from South East, living in Sokoto.

  • Abia police inaugurate vigilance group

    Abia police inaugurate vigilance group

    The Aba Area Command of the police has inaugurated a vigilance group in Abala autonomous Community in Obingwa council area of the state.

    The measure is to help the police better deal with crime in the area.

    While inaugurating the team, Divisional Police Officer (DPO) in charge of Eastern Ngwa Division, Superintendent of Police Saleh Musa said residents of the communities know each other and are better placed to fight crime by volunteering information about criminal activities to the police.

    He enjoined the vigilance group  to work in one accord and abstain from taking the law into their hands or using their position to intimidate innocent residents of the community and environs.

    The DPO recalled that community policing remains the best way to combat crime, stressing that the vigilance men have an enormous task in assisting the police in securing their community.

    He said, “When the community people came to my office, I insisted that vigilante men must be people of integrity. You have enormous task in helping the police fight crime. Don’t engage in jungle justice; you must hand over every suspect to the police. Again, ensure that you don’t connive with criminals. The name of Abala community has been ringing a bell. All the bad things they talked about your community should be in the past. Do not hesitate to call the police at every opportunity.”

    Speaking at the occasion, the traditional ruler of Abala community, Eze Paul Ekwenye noted that the community which shares borders with Akwa Ibom State, had been peaceful since he ascended the throne after the death of his predecessor who was murdered with his wife by hoodlums.

    The monarch appealed for the regular visit of the police to the rural communities under its jurisdiction.

    Chairman, Council of Village Heads in the community, Mr. Ndubuisi Sampson hailed the police for supporting community policing, stressing that the community would not hesitate to hand over any member who misbehaves to the police.

    The vigilance team members were given identity cards.

  • Abia: Ikpeazu raises 50 grounds of appeal

    Abia: Ikpeazu raises 50 grounds of appeal

    •I’m not desperate, says Ogah

    Abia State Governor Okezie Ikpeazu has raised 50 grounds on which he is seeking the Court of Appeal’s reversal of his removal from office for tax certificate discrepancies.

    Justice Okon Abang on June 27, ordered the Independent National Electoral Commission (INEC) to immediately issue a Certificate of Return to Dr. Uche Ogah, who polled the second highest number of votes in the Peoples Democratic Party (PDP) primary election.

    In his July 4 notice of appeal, Dr. Ikpeazu, through his counsel, Chief Wole Olanipekun (SAN), raised 50 grounds of appeal and expressed dissatisfaction with the decision of the lower court.

    The respondents are: Dr. Sampson Uchechukwu Ogah(1st); Peoples Democratic Party( 2nd); the Independent National Electoral Commission (3th); and Mr.  Friday Nwanozie Nwosu (4th)..

    His first ground of appeal is that the trial judge erred in law and came to a wrong decision in holding that the appellant was ineligible to participate in the primary election of the 2nd respondent by reason of presenting false information to the 3rd respondent in INEC Form CF001 and consequently granting all the reliefs claimed by the 1st respondent in his originating summons.

    According to the second ground of appeal, the lower court equally erred in law and reached a perverse decision when after finding thus:  “The cause of action arose in this matter when the 1st and 2nd defendants forwarded Form CF001 containing alleged false information to the Independent National Electoral Commission”. It went ahead to disqualify the appellant from being a candidate at the 2nd respondent’s primary election and declared the 1st respondent as the winner of the primary election.

    On his third ground of appeal, Dr. Ikpeazu noted that the lower court erred in law and acted without jurisdiction when it purported to enforce/apply the provisions of the PDP Electoral Guidelines for primary elections 32014 in determining the originating summons before it without the PDP Guidelines being put in evidence before it.

    In his fourth ground of appeal, Ikepazu pointed out that the lower court also erred in law and reached a perverse decision when it held in respect of the Supreme Court decision in Ekagbara v, Ikpeazu (2016) 4 NWLR (pt. 1503) 541 thus: “In fact in the above cited case, Supreme Court in a way departed from its earlier decision in Kharki v. PDP… Supreme Court also held that this court has jurisdiction to entertain a suit questioning the qualification of an aspirant in a primary election by a fellow aspirant when the aspirant whose qualification is being questioned did not pay tax as at when due or where there are lapses in the tax paper of such aspirant… In Ekagbara v. Ikpeazu (supra), the Supreme Court also held that it does not really matter that this will involve the examination of tax administration in Abia State of Nigeria.”

    In his fifth ground of appeal, the appellant observed that trial judge erred in law and came to a perverse decision when he asked thus: “It is either that the information are false or correct, I do not think it is a case of forgery. I do not think facts are in dispute. Even if the affidavits of the parties are in dispute, they are not in my view in dispute on material facts… It is for the 1st to 2nd defendants to show that the information contained in documents attached to Form CF001 submitted to Independent National Electoral Commission are not false … I think the court can conveniently use the affidavit evidence placed before it to resolve issues in controversy. This suit was properly commenced by an originating summon”.

    In the seventeenth ground of appeal, Ikpeazu observed that the lower court misdirected itself and reached a perverse decision when it held that the appellant presented false information to INEC by reason of the alleged differences between the tax receipts and the tax certificate with respect to the tax return 2013.

    According to the last ground of appeal, Ikpeazu stressed that the decision of the lower court was/is against the weight of evidence, and therefore sought the following relief from the Court of Appeal, the first being, an order allowing this appeal. The second, an order setting aside all the main and consequential orders made and granted by the lower court and the last, an order dismissing or striking out the amended originating summons in suit no. FHC/ABJ/CS/71/2016.

  • Swear in Ogah now, Abia elders tell Judiciary

    Swear in Ogah now, Abia elders tell Judiciary

    Some Abia State leaders, including traditional rulers, traditional prime ministers and others, have called for the immediate swearing-in of the governor-elect of the state, Dr Uche Ogah.

    They said this was the wish of the people of the state.

    The group said no amount of intimidation would make the governor-elect denounce his mandate as he had always said he would not dump the Peoples Democratic Party (PDP) since it was where his destiny of becoming the governor of the state lay.

    Addressing reporters in Umuahia, the state capital, while reading a communiqué at the end of their meeting, the leader of the group and traditional prime minister of Ibeku Kingdom, Chief Uche Akwukwaegbu, said there was no alternative to Ogah.

    Akwukwaegbu said: “This forum frowns at the negative reactions of some reactionary forces who see the Abuja High Court and INEC decision as hasty, as people who are used to disobeying court orders, which President Muhammadu Buhari’s administration is fighting hard to change.

    “This forum views the attitude and reaction of the Adolphus Wabara-led Abia Concerned Elders as that of people who are yet to cue into the President Buhari change mantra.

    “The public is advised to disregard the information contained in the communiqué as sponsored by those who have contributed in no small measure to the collapse and stunted growth of our dear Abia State.

    “This forum would not have responded to the communiqué, as published in the media by the so-called Concerned Elders, if not for the falsehood, distortion of facts and misleading effects on the people as contained in their so-called communiqué.

    “As the true representatives of the people of Abia State, we condemn …the purported meeting in Abuja by some people from Abia State in the name of Concerned Elders of the state as their resolutions do not reflect in any way the reality on the ground.

    “The true position of things in Abia is that all Abians – male and female, young and old, irrespective of clan, religion and political group – are yearning for Dr Uche Ogah, hence the hilarious and wild celebration that was witnessed on all streets and villages in the state.

    “All interest groups, professional bodies, youths and women’s groups and community leaders passionately desire a turnaround in the state, and everyone is happy that a court of law has finally restored the mandate of the people’s choice, Dr Ogah.

    “Consequently, we urge the Wabara-led acclaimed Elders’ Forum not to pretend that it does not know the right thing to do, which is to advise ‘former’ governor of the state to honourably quit and respect the rule of law.

    “We, therefore, emphatically declare our unwavering support for the court ruling, demanding the swearing-in of Dr Ogah immediately, as the Abuja Federal High Court ordered.”

    The communiqué, which was signed by 23 members, said the groups would continue to stand on the side of truth and patriotism, as exemplified by the Abuja Federal High Court, which is to swear in Dr Ogar as Abia State governor.

  • Ogah: I’m not desperate to be Abia governor

    Ogah: I’m not desperate to be Abia governor

    A Peoples Democratic Party (PDP) governorship aspirant in Abia State, Dr Uche Ogah, yesterday said his demand to be sworn in as governor was not borne out of desperation.

    He said contrary to impression being created, his case against Governor Okezie Ikpeazu was far from being an ambush.

    According to him, his victory at the court is valid and not “a hurriedly executed legal ambush for the acquisition of political power as being insinuated by some persons.

    “My case is strongly anchored on facts, and the refusal of Ikpeazu to respond to the core issues and his resort to propaganda speaks volumes,” Ogah said.

    At a briefing in Lagos through his counsel Mr Monday Ubani, Ogah said his case commenced before Ikpeazu’s swearing in as governor and had reached the Supreme Court before returning to the lower court.

    Ogah said his claim was that Ikpeazu was not eligible to participate in the primaries on the basis that he failed to pay his taxes as and when due as required by the 1999 Constitution, PDP’s Guidelines and the Electoral Act of 2010. He said on the face of it, Ikpeazu’s tax clearance was questionable.

    The Tax Clearance form (Code PD002/G), dated November 4, 2014, and sworn to at the High Court Registry, Aba, shows that Ikpeazu’s tax receipt number for December 2011 is 0012849; that of December 2012 is 0012846 and that of December 2013 is 0012847 and 0012848.

    “Did he use one booklet to pay tax for three years? Is he the only one paying tax? How come the tax number which ends in 49 came first rather than last?,” Ubani asked.

    He said Ogah went to court soon after the primaries because the PDP’s appeal panel failed to respond to his complaints about Ikpeazu’s alleged non-qualification.

    When he filed the suit in 2014, Ikpeazu challenged the court’s jurisdiction. The appeal process got to the Court of Appeal until it was decided by the Supreme Court which ruled that the Federal High Court had jurisdiction to hear the case.

    The first judge handling the case, Justice Adeniyi Ademola, withdrew from the case on the basis that he was accused of bias and returned the file to the Chief Judge. The matter was re-assigned to Justice Okon Abang.

    “If Ikpeazu is convinced about the rightness of his cause, he should vacate the seat, plead his case in a court of law and when granted victory come back rather than resort to propaganda,” Ubani said.

    According to him, the Independent National Electoral Commission (INEC) should not be blamed for issuing Ogah with a certificate of return because the court ordered that it should be with immediate effect.

    Besides, there was no order to the contrary brought to INEC’s notice. “We got an enrolment order which INEC complied with,” Ubani said.

    The lawyer said legal steps would be taken to discharge the restraining order made by an Osisioma High Court stopping Ogah’s inauguration.

    “We have to vacate the order lawfully even though the judge who made the order did not indicate a return date,” Ubani said.

    On why Ogah should be sworn in, the lawyer said an appeal does not operate as a stay of execution in pre-election matters, adding that it is “absurd” for a court of coordinate jurisdiction to arrest an order made by another court.

    “The Inspector-General of Police and the Attorney-General of the Federation should have ensured compliance with Justice Abang’s order in the absence of any contrary order, because the judgement says ‘with immediate effect’, and an appeal does not mean a stay of execution because it is not a criminal case,” Ubani said.

    He said Ogah would not take the laws into his hands but would pursue his case to the logical conclusion through the courts, adding that he was not desperate to be governor.

    Ubani said Ogah, an oil magnate, entrepreneur, investor and President of Master Energy Group, a conglomerate with over 15 subsidiaries and interests across a variety of industries with over 40,000 employees, “is not in the race for the money”.

    “He sees involvement in politics as an opportunity to have more solid and sustainable impact on Abia,” he added.

  • Abia: A most curious judgement

    Abia: A most curious judgement

    Following the decision of the Abuja Federal High Court, On Monday, June 27, to relieve Governor Okezie Ikpeazu of his well-earned mandate, concerned stakeholders and informed legal pundits are beginning to wonder if the objective and extraordinary powers invested in the bench is not being assailed. Judges are important judicial officials whose authority reaches every corner of society as they resolve disputes between people, institutions with the Wisdom of Solomon, interpret and apply the law by which we live. Judges must have the capacity to undertake in-depth legal research, able to write decisions that are clear and cogent that will stand up to close scrutiny. Through that process, they define our rights and responsibilities, determine the distribution of vast amounts of public and private resources, and direct the actions of officials in other branches of government.

    The learned judge overreached himself and did not seem to have distinguished between law and politics. Removing a Governor, in a knee jerk and whimsical manner is anonstarter.This judgment is said to be predicated on section 24 (1) (f) of the 1999 Constitution and the Electoral Act. According to the court, the governor did not qualify to contest the election ab initio and PDP was wrong to have presented him as a candidate, on the unverified accusation of tax evasion/avoidance. On these grounds, he was asked to surrender his mandate to Sampson Uche Ogah.

    To be sure no statute demands the payment of tax as a sine qua non for vying for any election in Nigeria. If OkezieIkpeazu on his own volition did fulfil this obligation on his own merits, must it be an avenue for a legal ambush or political chicanery? Noteworthy to mention is that Ikpeazu did not prepare the tax papers. Like any other applicant, he applied to the Inspector of taxes at the Board of Internal Revenue to issue him tax receipts and clearance for the previous three years. They extracted andprocessed his records from the various department and agencies of government where he had done duty tours, during the period under review. The Inspector of taxcomputed the figures and issued the document. He had no business with how the tax papers were made or how the entries were posted. It is therefore very ridiculous to posit that he “cooked” his tax documents. The issuing authority confirmed that they were responsible for the document and its contents. If Ikpeazu had prepared the tax papers himself or fabricated the signature on an otherwise genuine receipt, then there would have been a case to answer.

    So much heavy weather was made about the so-called many “lies” of Ikpeazu. And now you want to ask what elements of falsehood are embedded in the tax papers? They harangued him that the serial numbers on the tax receipts were dodgy because the three years were written in the same document seriatim.

    Ikpeazu was on the pay as you earn (PAYE) scheme; and it is standard practice that tax certificates are only issued when requested. Consequently the years of a client’s tax coverage will be written sequentially on the same booklet and so the question of how separate years were captured in the same booklet does not arise. Second it is a universally accepted practice that every tax year by convention ends on December 31.  If you requisitionedfor your tax clearance certificate for 2015 today, it will be datedDecember 31, 2015; but where you asked to be assessed for 2016 for extracted in July same year. The endorsement will bear 31st December 2016 signature. That the 31st December of a particular year happens to fall on a Saturday or Sunday which is a non-working day does not invalidate the document.

    One would have thought that in the effort to unravel the truth by the court, the judge should have deployed a sincere mix of forensic tools of interrogation of witnesses, cross examination etc. A hot button issue, like this matter, should have called up the Abia State Inspector of Tax, by way of a writ of summons as a witness to ascertain or deny the veracity of the papers in question. That is how the judge erred profusely. His ruling also was further desecrated when he further anchored his decision on two platforms derived from the Rotimi Amaechi versus Omehia case, which the Electoral Act section 141 had rendered otiose. Not done yet,he proceeded to make consequential order,which was beyond the jurisdiction of the Federal High Court. Asking INEC to issue a certificate with immediate effect betrayed the ulterior motives of the forces beating the drum for the governor’s challenger.  Under 48 hours, after the ruling, INEC hastily issued a certificate to the oil and gas mogul even when the legal team of Ikpeazu had filed a notice of appeal and stay of execution.

    In the words of Constitutional lawyer, Mike Ozekhome (SAN), the ruling was”hogwash, unnatural, curious and questionable… It constitutes a blatant breach of the hallowed doctrine of “lispendes”. See Govt of Lagos state vs Ojukwu”.

    What is the hurry about it when the sitting governor has already appealed with a motion for stay of execution? The certificate is dead on arrival, as dead as dodo having regard to the provisions of the 1999 Constitution and Electoral Act. As soon as INEC became aware of the appeal and motion for stay of execution, it should have been guided by discretion and waited. Ozekhome further postulated that Okezie Ikpeazu remains the governor until the appellate appeals are exhausted at the Supreme Court. This is the governor’s constitutional right.

     

    • Torti is a public policy analyst and management consultant.

  • I’m not in hiding, says Abia CJ

    Abia State Chief Judge, Justice Theresa Uzoamaka Uzokwe yesterday denied insinuations that he ran into hiding last week to avoid swearing in Dr. Uchechukwu Ogah who was awarded  certificate of Return by the Independent National Electoral Commission (INEC)

    When Dr. Ogah arrived Umuahia last Thursday, the CJ was not available, prompting insinuations that she went into hiding.

    But in a statement yesterday, she said she was in her office working at the time she was thought to have gone into hiding.

    The acting Registrar of Abia State Judicary, Mrs. Vicky Analaba, said: “The attention of the Chief Judge of Abia State, Justice Theresa Uzoamaka Uzokwe, has been drawn to various spurious and mischievous reports alleging that the Honorable Chief Judge had absconded from her duty post on Thursday 30th June 2016, to avoid swearing in Uche Ogah as Governor of Abia State.

    “Contrary to the allegations of cowardice by mischievous politicians, the Chief Judge, was in her office throughout work time on Thursday 30 June 2016 from 8:30am till 4:30pm.

    “For the avoidance of doubt, on Thursday 30th June 2016, the Chief Judge was in her court room performing her lawful duties, including the delivery of four rulings on that date.

    “The particulars of the ruling in question are: HU/35CM/2015 FRANCIS AKOR vs THE STATE; HU/ICM/2016-JOHNSON ASIEGBU vs. COMMISSIONER OF POLICE, HU/42CM/2016-ONYEKACHI SAMUEL vs. COMMISSIONER OF POLICE; HU/34CM/2016-LUCKY SAMPSON vs. THE STATE.

    “These facts are verifiable and in the records of the court. The various lawyers who appeared in the respective suits listed above are also living witnesses.

    “This press release has become necessary in order to avoid further mischief and to set the records straight.”

    Also yesterday, the Abia State government raised the alarm about what it described as an attempt by some individuals and “desperate politicians” to whisk away judicial officers.

    Chief Press Secretary to Governor Ikpeazu,  Mr. Enyinnaya Appolos,  In a statement titled: “Plot to kidnap judiciary officers in Abia State”, warned those planning to carry out such a “nefarious act” to desist from it or be ready to face the consequences of their actions.

    He warned that the state government would not hesitate to apply the full weight of the law upon such persons.

    While urging Abians to be vigilant while they go about their lawful duties and businesses, he urged them to report suspicious movements to security agencies, which he called upon to increase their surveillance around judicial officers to ensure that their lives were protected.

  • Abia community laments poor roads

    Members of the Nzuko Arochukwu town in Abia State have decried the state of the Okobo Arochukwu -Abam Road that connects the area with other parts of the state.

    Worried by the huge economic, social and other losses the community has suffered because of the  deplorable state of  the road, the Lagos branch of the group gathered last week at NENIV Events and Conference Centre, Airport Road, Lagos, to proffer solution to the state of the road which they said has turned  them to outcasts in their fatherland.

    They moved to raise N5million to give a face lift to the road to alleviate the sufferings of their kinsmen.

    Bemoaning the plight of their people, the Second Vice President, Mazi Nwosu Nwaka said: “Anybody who knows our location knows very well that it is an abandoned community. The government of today, the government of yesterday have actually abandoned us. Since after the war, Arochukwu has not had any road constructed into that town. As we speak right now, the town has been totally cut off  and that is why we have decided to take the bulls by the horn.  Since the government cannot help us we want to help ourselves. We believe that maybe when the government sees what we are doing they may probably know that they have actually failed us in terms of infrastructure and come to our aid. We are endangered species when it comes to infrastructure in Abia State.

    The First Vice President General, Sir Dozie Udensi said: “What we are trying to do is is to save our people from being cut off entirely from the rest of Abia state and Nigeria. We are not trying to build government road but we trying to put some palliative measures so that our people  can have access to our ancestral home. The government of the day, both at the state and federal level has made us to understand that the economy has dwindled and the implementation of budget very slow. We cannot wait indefinitely for them especially now that the rains are coming heavily. As the newly elected executives, we think it incumbent on us to give palliative measures to the road.

    “We are only trying to cover those bad sides of the road with laterite to make it motor able so that people can pass easily. People have already been cut off entirely from umuahia ohafia and so on. We are looking at completing the project by the end of June or July we will be ready. By June ending the people should to be able to pass through the road. We are setting September deadline because it is when our people will be massively going home to celebrate the new yam festival. We are already making plans to reach out to all our people both at home and in diaspora for their support. One thing that is certain is that we are going to make judicious use of every money we get.”

    He added: “We are also trying to create avenue for our youths to have employment. We are putting in place various skills acquisition programmes for them to remove their mind from unproductive ventures. We are creating a database to be able to know those that who are qualified for one thing or the other. Those who have not gone to school we will be able to provide some skill acquisition so that they can be gainfully employed.”