Abia state has been a hot political theatre since Abuja High Court on Monday sacked Governor Okezie Ikpeazu, declaring Uche Ogah as the duly elected governor of Abia State. Associate Editor, Sam Egburonu, Assistant Editor Dare Odufowokun, and Ugochukwu Ugoji-Eke, Umuahia, report on the development
THE political tension in Abia State since Monday’s ruling of an Abuja High Court that sacked Governor Okezie Ikpeazu peaked on Thursday, June 30, 2016, following Independent National Electoral Commission’s issuance of Certificate of Return to Mr. Uche Ogah who came second in the Peoples Democratic Party’s primaries.
As soon as it became public knowledge in the afternoon of that Thursday that Ogah had been given the certificate as the duly elected governor, Umuahia, the state capital, Aba, the commercial nerve centre and other urban communities in the state erupted in a frenzy of confusion.
The confusion peaked that afternoon when Ogah arrived Umuahia via Owerri Airport, telling newsmen he had come to be sworn-in as the governor of the state even as Ikpeazu, who secured a favourable injunction that same afternoon from a State High Court sitting in Osisioma, Abia State, swore that he remained the state governor and cannot be removed until the case he filed in the court of appeal is dispensed with.
Some eyewitnesses told The Nation the first scene of the drama opened in faraway Abia State University, Uturu, where Okezie had gone that morning to deliver a lecture. Initially, there was nothing to suggest the political explosion that would soon erupt in the state. But soon, whispers turned into general air of confusion when the governor hurriedly left the university before time after he was briefed by his aides of the development. “The way the aides whispered to each other and hurried to the governor, and the way he rushed out soon after the tete-a-tete sparked off speculation that something important or dreadful must have happened,” said a student at the lecture.
The tension peaked when Ikpeazu arrived Umuahia even as Ogar held closed door meeting with top officials of the State Security Services (SSS) also in Umuahia. “It was a tension soaked moment in the political history of Umuahia,” a top political player told The Nation. “We waited, afraid that anything dreadful may happen. But as at 8pm, Ogah has neither been sworn-in nor has any riot erupted as feared.”
Following this dicey development, the stage is now set for what many pundits have described as another legal tango in the mould of what led to the emergence of “doctrine of necessity’ in our national vocabulary years back.
The Monday’s ruling has since thrown up another round of debate among the lawyers and members of the public, on whether the judgment was “declaratory” or not.
Some Lawyers argued that even if the ruling is declaratory, a motion for stay of execution could still be filed against the ruling alongside the notice of appeal.
The question now is did Governor Ikpeazu’s Lawyers filed both motion for stay of execution with the notice of appeal?
This situation has prompted concern that two different persons (occupants) of the same office cannot hold Certificate of return. But as the situation stands, both Ikpeazu and Ogah are in possession of the Certificate, as there is no evidence that the embattled Governor has returned his (Certificate) to INEC as contained in the judgment.
The dispute over the governorship seat of Abia State rages on with politicians, lawyers and even the judiciary, struggling to outdo one another in finding acceptable explanation to the current quagmire. In all these, the people of the state are left wondering who exactly is the authentic governor of the southeast state?
Justice Okon Abang of the Federal High Court, Abuja, had, on Monday, ordered the removal of Governor Ikpeazu and ordered INEC to issue a Certificate of Return to his party man, Ogah, who was the first runner-up in the state governorship primary of the Peoples Democratic Party (PDP).
Justice Abang had ordered the removal of Ikpeazu after finding him guilty of not presenting relevant tax certificates along with his forms submitted to INEC. He held that Ikpeazu, who emerged as the candidate of the PDP in the state for the 2015 governorship election on the strength of the primary, was not qualified to be the candidate of the PDP.
And with INEC promptly complying with the court order, many thought all was set for the emergence of a new Czar in Abia State. But that was before a new twist was introduced into the unfolding drama. A High Court sitting in Osisioma, Abia State, issued an injunction restraining INEC from issuing a certificate of return to Ogah.
The court also restrained the Chief Judge of Abia State from swearing Ogah in while ordering status quo to be maintained pending the determination of motion on notice. Justice C.H Ahuchaogu, in granting the order, relied on section 143 (1) and (2) of the Electoral Act 2010 (as amended).
INEC explains
While Nigerians waited with bated breath to see what will become of the governorship saga in the state, with many querying the decision of the electoral commission to give Ogah a Certificate of Return when Ikpeazu has expressed his intention to appeal the judgement, INEC advanced reasons for its decision.
INEC National Commissioner in charge of the South East, Amb. Lawrence Nwuruku said the commission acted in agreement with a lawful order of a court. Nwuruku added that as a citizen, he could go to jail if he flouts a valid court order. He added that should the court reverse itself today, the commission will promptly abide by the new order.
“The situation is that we are simply obeying the court order. The court said with immediate effect without wasting of time, we should issue him Certificate of Return and that is what we have done to obey the court order. If the court tomorrow issues another order, we would obey the same. By the grace of God, I am the INEC Commissioner in charge of South-East. I’ll do the same thing if the court orders us to do so. If court says we should issue the same certificate to another person. In this case, court ordered us to issue a Certificate of Return to the person who won the election and that is Uche Ogah. I was the person who gave the Certificate of Return to Gov. Ikpeazu as he was declared winner.
“Now, the court has said otherwise. One thing we know is that we are not above the law and we cannot disobey the laws of the land. After the court, another person we obey in our land is God and my conscience is my God. Another thing that guides us is the court and we must obey its order with immediate effect.
If you were in the court that day, and I urge you the media, to go and study the court ruling very well, it was wonderful; it was direct”, he said.
Legal tango
Since the rumpus in Abia broke, legal practitioners have remained divided in their understanding of the events that led to the stand-off. While many are lauding INEC for its decision and rooting for the immediate swearing in of Ogah, others insist any attempt to unseat Ikpeazu before the determination of his appeal will be unconstitutional.
Frontline human rights activist and lawyer, Barrister Onyekachi Ubani, in his own argument, submitted that the Certificate of Return given to Ogah by INEC as the governor-elect of Abia by INEC is in order. He said the incumbent governor, Ikpeazu, in the eye of the law, shouldn’t have ran for the position of governor in the first place.
He also said the order restraining the state Chief Judge from swearing in Ogah is not in order as the State High Court cannot set aside an order given by the FCT High Court. He accused Ikpeazu and his team of securing a ‘black market order’ in their desperation to stop his removal from office.
“It is an invalid order, one which I will describe as a ‘black market order,’ especially as it was granted after a court of competent jurisdiction had given an order that Dr. Okezie Ikpeazu was not qualified to run for elections in the first place. Both the FCT High Court and the State High Court are courts of coordinate jurisdictions and one cannot set aside an order given by the other.
“The order given by Justice Okon Abang of the FCT High Court cannot be set aside by the Abia State High Court. In the absence of any other valid order, other than the one granted on June 27 by the FCT High Court, Mr. Uche Ogah, should be sworn in as the governor of Abia,” Ubani said.
But another prominent legal practitioner, Ebun-Olu Adegboruwa, disagreed with Ubani. According to him, INEC was influenced to issue a certificate of return to Ogar. He described the development as worrisome. He added that since Ikpeazu’s appeal application is yet to be heard or determined by the court, the judgment of court cannot be enforced.
“It is well settled in our laws, up to the Supreme Court, that once an appeal has been filed against a judgment and the appellant has also filed an application to stay the execution of the said judgment, that judgment cannot be enforced, until the application for a stay of execution has been heard and determined.
“It is a dangerous precedent that the APC led government is setting for our democracy, if it is lying in wait and prodding INEC to violate the basic tenets of democracy, which is respect for the rule of law and due process.
“This is the way it should work, for parties and indeed all public officers and institutions, to give due respect to the rule of law and due process of court. In one breath, we are told that the judiciary is the headache of this present administration, but when it suits the same administration, it frustrates, intimidates and muzzles the judiciary, judicial officers and even lawyers,” he argued.
I must exhaust my legal rights- Ikpeazu
Addressing newsmen in Umuahia on Friday, Ikpeazu described the political imbroglio going on in the state as democracy on trial, wondering why “a man who never contested an election to show his popularity will be declared the winner and certificate of return issued to him.”
He also said what is happening is a temporary setback, insisting that Ogah was trying “to ambush democracy and to get into government through the back door.”
Ikpeazu said 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.
I don’t want any blood shed- Ogah
The governor-elect of Abia State, Dr. Uche Ogar, reacted to the allegations made in a media chat on Friday by Governor Okezie Ikpeazu, challenging him to provide evidence of the alleged 12 criminal charges against him or keep quiet.
Ogah told The Nation that he had never been indicted by any court since his life and had worked in various places with clean records to show for them
He said: “I have nothing to fear, Ikpeazu should provide the name of the cases against me, while he tells the people why he was sacked from the university as a lecturer.
“I have over fifteen subsidiaries which employ over 4000 workers and when an allegation is made, I always ask for proof; so he should prove his allegations.
“Since this case came up, he has withdrawn over N4 billion of Abia people’s money as he is aware that he is a sinking man.
“I don’t want to join issues with him, as at the inception, I told people that God wants me to be governor. That was the reason he did not pay his tax.
“The people of Abia should remain calm as a new dawn is here for them when their salaries will be paid at the end of every month.
On the issue of his swearing-in, Ogar said he does not want any bloodshed and urged his supporters to remain calm in the face of any provocation.
As the verbal crossfire and legal interpretations heighten the tension, The Nation observed on Friday evening that apart from the heavy security presence at the Government House, Umuahia, everywhere is very quiet and peaceful. This peace has however not deceived any observer from acknowledging the fears and apprehension in the minds of Abians and other Nigerians as they wonder how this political conundrum in God’s own state would be resolved at last.
