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Tag: Ogah

  • Why I was charged with forgery, by Ogah

    A Peoples Democratic Party (PDP) governorship aspirant in Abia State, Dr Uche Ogah, has explained his business relationship with Mrs Bridget Adeosun, whose petition led to the filing of a forgery charge against him at the Tinubu Magistrate’s Court in Lagos.

    Ogah said Adeosun had an allocation to import petroleum products but lacked the financial capacity to carry out the business.

    He said she approached his company, Masters Energy Ltd, asking it to buy her allocation. The company told her that it had enough allocation. Ogah said following Adeosun’s persistence, his company agreed to the deal.

    “Her proposal to sell her allocation to Masters Energy Ltd was concluded and a Memorandum of Understanding was executed, including Account Opening Documents in the bank wherein signatories were appointed to the knowledge of all parties to the transaction.

    “She was given the full sum of the purchase price through cheques and she signed personally as having received the full sum of the sale. She cashed her money (we have all these evidence).

    “Masters Energy carried out the importation and incurred loss in the transaction, but that was no longer the business of the seller as she is not liable for the profit or loss of the business,” Ogah said through his lawyer Monday Ubani.

    According to him, Masters Energy applied for dollar differentials to the Debt Management Office (DMO) of the Federation, which agreed to pay about N51 million.

    Ogah said Adeosun developed interest in the N51million price differentials and applied to UBA where the account was domiciled to be an “A” signatory in order to withdraw the sum whenever it is paid into the bank.

    But, Masters Energy wrote to the DMO, asking it not to issue the cheque in the name of Adeosun’s company. The company also got an interlocutory order from the Federal High Court, Abuja.

    Ogah said the transaction coincided with his seeking for elective office in Abia State. “Aided by political enemies, Mrs Adeosun took a pure civil transaction to the police alleging that all the documents she signed for the transaction were all forged.

    “She went to about five police formations in the country over this allegation and at each formation, she was told that the matter was purely civil and has no iota of criminal intent or act. Police got tired and finally charged the matter to court with no single evidence of commission of crime,” he added.

    Ogah debunked reports that he has joined the All Progressives Congress (APC). “I heard allegation of someone allegedly using APC stalwart to stall proceedings and the allegation that Dr Ogah is now a member of APC. It is a very absurd and childish talk. Dr Ogah is a member of PDP and will remain there till the end of time whether they like it or not. He is not going anywhere,” he said.

    Ogah wondered why about eight officials of the Abia State government stormed the court last week, adding: “The State has remained in total darkness and evidence of evil, backwardness brought upon it by bad leadership over the years is very visible for everyone to see.”

  • PDP seeks withdrawal of Ogah’s Certificate of Return

    PDP seeks withdrawal of Ogah’s Certificate of Return

    The Peoples Democratic Party (PDP) has filed a suit at the Federal High Court, Abuja, against Uche Ogah and the Independent National Electoral Commission (INEC) seeking the nullification of the Certificate of Return issued to Ogah by INEC on the grounds of false statement.

    The party said it took the action because the election that produced the governor of Abia State in the 2015 was on April 25 and not the April 11 poll, which INEC declared inconclusive.

    The PDP said the Certificate of Return issued to Ogah is null and void and of no effect.

    It said it was also seeking an order of perpetual injunction restraining Ogah and his agents from parading what it called the invalid Certificate of Return issued to him by INEC and from being sworn in on the basis of the invalid Certificate of Return on the inconclusive April 11, 2015 poll.

    The party argued that Governor Okezie Ikpeazu contested and won the Abia State governorship election on April 11 and April 25, 2015 as the candidate of the PDP, and was sworn in as the elected governor of Abia State on May 29, 2015.

    In the originating summons filed by PDP’s lawyer, Dr. Paul Ananaba (SAN), the party, among other issues for determination, is asking the court to answer the following questions:

    “Whether the information on the Certificate of Rerun, dated June 28, 2016 and issued by the Independent National Electoral Commission (INEC) to Dr. Sampson Uchechukwu Ogah on June 30, stating that Dr. Ogah of the PDP has been elected to the Office of Governor of Abia State at the election held on April 11, 2015, is false since INEC declared the governorship election of that date inconclusive; that is, no conclusive governorship election was held in Abia State on April 11, 2015, and no candidate of the PDP or of any other political party at the election, including Dr. Ogah, was ever returned as elected at the election declared as inconclusive by the INEC.

    “Whether the Certificate of Return, dated June 28, issued by INEC to Dr Ogah was not invalidated by reason of the fact that neither Dr. Ogah or any candidate of any political party was declared and returned as elected into the Office of the Governor of Abia State by INEC at the governorship election held on April 11, 2015, declared inconclusive by INEC.

    “Whether there was any conclusive governorship election in Abia State held by INEC on April 11, 2015, and any return of any candidate, including Dr Ogah, into the Office of the Governor of Abia State to warrant the issuance of the questioned Certificate of Return, dated June 28, to Dr. Ogah of the PDP as having been duly elected to the Office of the Governor of Abia State at the governorship election held on April 11, 2015.

    “Whether the Certificate of Return, dated June 27, 2016, issued by INEC to Ogah of the PDP as having been elected into Office of the Governor of Abia State at the governorship election held on April 11, 2015, is not liable to be nullified as invalid, null and void in that no conclusive governorship election was concluded by INEC in Abia State on April 11, 2015.

    “Whether the election into the office of the governor of Abia State held on April 11, 2015 was declared inconclusive and whether a Certificate of Return can be validly issued to Ogah by INEC based on the inconclusive governorship election conducted by INEC on April 11, 2015.”

    The party added: “That there was no conclusive governorship election held by INEC on April 11, 2015 and return of any candidate as elected to the Office of Governor of Abia State to warrant the issuance of the Certificate of Return, dated June 28, 2016 by INEC to Ogah as having been elected to the Office of the Governor of Abia State at the election held on April 11, 2015.”

    The PDP also prays the court to determine: “Whether the invalid Certificate of Return issued to Ogah by INEC can be relied upon by the Chief Judge of Abia State, the President of Customary Court of Appeal, Abia State, or any judicial officer in Nigeria to swear in Ogah as governor of Abia State.”

    The party further seeks a declaration “that the Certificate of Return, dated June 28, 2016 issued by INEC to Ogah as having been elected to the Office of the Governor of Abia State at the governorship election held on April 11, 2015, is null and void and of no effect whatsoever by reason of false statement or information contained therein of the election of Ogah to the Office of the governor of Abia State at the governorship election held on April 11, 2015, when no candidate emerged as elected.”

    The Abia State chapter of the PDP had called for investigation and probe of the certificate of return issued to Ogah by INEC, describing it as invalid and erroneously issued.

    Abia State Publicity Secretary of the party, Chief Don Ubani, who addressed reporters in Umuahia, the state capital, said: “The party hereby recollects that the governorship election of 2015 in Abia State came in two phases: that of April 11, which was declared inconclusive by the electoral body and that of April 25, which conclusively declared and confirmed Ikpeazu as the governor-elect of Abia State.

    “That Governor Ikpeazu’s Certificate of Return is a product of the elections of April 11 and 25, 2015, as properly reflected on the Certificate of Return.

    “The party vehemently rejects the Certificate of Return erroneously issued to Mr. Ogah for, among many other reasons, the enormous fact that the Certificate of Return failed to reflect the fact that the governorship election took place on two different days.”

  • Youths urge Judiciary to swear in Ogah

    Youths urge Judiciary to swear in Ogah

    Youths of Ukwa-Ngwa, under the umbrella, Ukwa-Ngwa Youth League (UNYL), have backed the ruling of Justice Okon Abang of an Abuja Federal High Court, which declared Dr. Uche Sampson Ogah the governor of Abia State.

    They urged the Attorney-General of the Federation (AGF), the Chief Justice of Nigeria (CJN), President Court of Appeal, Acting Inspector-General of Police (IGP), leadership of Nigeria Bar Association (NBA) and Chief Judge (CJ) of Abia State, Justice Uzoamaka Uzokwe, to sworn in Ogah as the state’s governor without further delay.

    The leader of the group, Destiny Nwagwu, told our reporter in Aba, the state’s commercial nerve centre, that the continued delay to swear in Ogah was a contempt of Justice Okon Abang’s ruling, which directed the Independent National Electoral Commission (INEC) to issue a Certificate of Return to Ogah and that he (Ogah) should immediately be sworn in as Abia State governor.

    Nwagwu, a former leader of Aba North Local Government Area’s councillors, said: “Since INEC has complied with the order of the Federal High Court, the CJ does not have any other choice than to swear in Ogah as the governor…”

    The spokesman said it would be counter-productive to the political development and economic growth of the state, if the state’s Judiciary refused to swear in Ogah as the governor.

    He said: “Dr. Ikpeazu is our brother, but we believe in the rule of law. We uphold the ruling of Justice Abang of the Federal High Court in Abuja. Heavens will not fall if Ogah is eventually sworn in as Abia State governor.”

  • Court extends order stopping Ogah’s swearing in as governor

    Court extends order stopping Ogah’s swearing in as governor

    Abia State High Court in Osisioma yesterday  granted a motion filed by Governor Okezie Ikpeazu of Abia State for extension of the order restraining the Chief Judge of Abia State, the President Abia State Customary Court of Appeal and any other judicial officer from swearing in Mr. Uche Ogah, as governor of the state.

    The order has been extended to 18th July, 2016.

    The court, presided over by Justice C. H. Ahuchaogu, had on June 30, ruled on a motion exparte brought by Ikpeazu, praying the court to stop the INEC, the state Chief Judge or any other legal officer from swearing in Dr Uche Ogah as governor of the state.

    Reacting to the judgment, Br Onyekachi Ubani, a member of  Uche Ogah’s legal team said: “The prayer of Abians remain that uche Chukwu ga eme na Abia (God’s will be done). We heard, though not confirmed, that the Osisioma High Court has extended its illegal ex parte order to God knows when.

    “These are panicky measures that will be corrected later in the appellate courts.

    “If this illegality is allowed or tolerated by the judiciary, we might as well kiss goo our democracy goodbye.

    “It is absurdity of unimaginable proportion.”

    He added:  “The refusal of Justice Abang of the Federal High Court to hear the application for stay of execution of Dr Okezie Ikpeazu means that the judgement he delivered on the 27th of June still stands until it is reversed by a higher court, this time the Court of Appeal and/or later the Supreme Court.

    “It is important to point out that the judgement of the Federal High Court Owerri in which the reliefs of Mr Nwosu were dismissed is very favourable to Dr Uche Ogah.

    “It would have been otherwise if the Court in Owerri had ordered Dr Ikpeazu to vacate his seat for Mr Nwosu to take over.

    “Mr Nwosu came under weak foundation. One, he alleged forgery of the tax papers. That allegation must be proved beyond reasonable doubts.

    “Did Dr. Okezie really forge his tax papers? The answer is capital no. But did his tax papers contain false information, the answer is capital yes.

    “These are two different things that must be distinguished.

    “He was therefore unable to prove forgery and so had his reliefs denied.

    “His case against Dr. Uche Ogah is that Dr Uche failed to sign the result sheet and so cannot be a beneficiary of what he refused to acknowledge.

    “The court dismissed that arm of claim as the foundation of such claims lacks merit and not sustainable.

    “He had all his reliefs denied and thrown out.”

    The Commisioner of  Information, Bonnie Iwuoha, however described the judgment by Federal High Court sitting in Owerri  as divine intervention that saved the state from destruction.

    He said: “There is great joy and celebration in most parts of Abia State.

    “Most people see the decision of Justice Abang of Abuja High Court to transfer the matters before him to Court of Appeal, since the case has been filed before the appellant court, as the best for the state.

    “Most people believe that the Court of Appeal would do a very credible job to protect the unity of Nigeria and promote democracy which Nigerians laboured so much to achieve.

    “Again, the ruling of the Federal High Court sitting in Owerri, which dismissed the case filed by Mr. F.N. Nwosu, who also accused Governor Okezie Victor Ikpeazu of tax violation, is seen by most people in Abia State as God’s intervention to save the State from crisis that could have destroyed the State.”

  • 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.

  • AGF to Ikpeazu, Ogah: wait for courts’ decisions

    AGF to Ikpeazu, Ogah: wait for courts’ decisions

    Abia State Governor Okezie Ikpeazu is to remain in office pending the outcome of his appeal against last week’s decision of the Federal High Court sitting in Abuja, which declared him ineligible for the Peoples  Democratic Party (PDP) ticket with which he contested last year’s general election.

    Attorney General of the Federation and Minister of Justice Abubakar Malami (SAN) yesterday advised that all the parties should wait for the outcome of the appeal before any action is taken.

    Following Justice Okon Abang’s order, the Independent National Electoral Commission (INEC), in compliance with the “forthwith” order of the court, issued a certificate of return to Dr. Uchechukwu Ogah, the plaintiff favoured by the judgment, which found the governor guilty of tax certificate deficiencies.

    Ogah then proceeded to Umuahia to press for his swearing in but Chief Judge was unavailable, thereby creating a political stalemate in the state.

    The Attorney General distanced himself from the controversy in a statement yesterday by Salihu Isah, his media assistant. Malami, who advised parties to the crisis to await the final resolution of the dispute by the courts, said he was yet to offer any legal opinion on the issue because no one has sought his opinion.

    The AGF faulted insinuations that his office was prompted by the Federal Government to advise INEC to issue Ogah with a certificate of return.

    The statement said: “The attention of the office of the Honourable Attorney General of the Federation and Minister of Justice has been drawn to the insinuations and crass lies being peddled and disseminated by a cross-section of Nigerians and the various media platforms that the Honourable Attorney General of the Federation is behind the legal logjam over the Abia State governorship seat and wishes to clarify that those canvassing this position have no basis to do so.

    “Of particular concern are those who have peddled ill-natured rumours with a view to misinform our discerning populace that it was the Honourable Attorney General of the Federation and, by extension, the Federal Government of Nigeria that gave directives to the Independent National Electoral Commission (INEC) to issue Certificate of Return to Dr. Uchechukwu Ogah declaring him governor-elect.

    “He has definitely not taken any action either by spoken words or body language as far as this Abia governorship crisis is concerned.

    “I wish to, therefore, on behalf of my principal, declare that these rumours are untrue and a figment of the imagination of those pushing these selfish, shameless and irredeemable lies into public space which only translates to partisanship on the side of its purveyors. ”As far as the Honourable Attorney General of the Federation is concerned, the constitutional powers for the legal opinion of his office have not been invoked on this issue. So far, nobody has approached him to proffer any legal opinion to it.

    “As a strong believer in the rule of law, it is his belief that the law should naturally take its cause. The Honourable Attorney General of the Federation will not be dragged into this controversy and mind-games being played out by the various legal minds and spin doctors of both camps at this point. The parties involved should await the decision of the courts.

    “In fact, we wish to by this statement advise those in the habit of dragging the highly esteemed office of the Honourable Attorney General of the Federation and Minister of Justice into knotty issues of this kind, even when it is yet to take a position, to desist from these unwarranted presumptions henceforth.”

  • My victory a divine intervention, says Ogah

    My victory a divine intervention, says Ogah

    Dr. Uche Ogah who has relocated to Abuja, yesterday described his victory as a “divine intervention.”

    In a short statement, he said: ”I attribute this victory to divine intervention and destiny. My message is that it is the hand of God. God has a plan for Abia and Uche Ogah is his vessel.

    “We are one united Abia; Abia must move forward. Uche Ogah has a Marshal Plan to move Abia forward.”

    Another statement by his Media Assistant Mr Monday Ubani, described the court’s decision ordering the Independent National Electoral Commission (INEC) to  issue Ogah a certificate of return, as a triumph of good over evil.

    “It is an act of God designed by The Almighty Creator himself to bring relief and succour to Abia people from tyranny, Mal-administration, and criminal mismanagement of public wealth since the return of democracy

    “Abians should rise up and be hopeful that God has finally answered their prayers and relief is underway. Our philosophy is People first. We’ll embrace accountability, prudence and transparency to the state to into a fortress of economic activities. We will correct all the ills of the past and liberate the state from the hostage situation it has found itself.

    “This mandate is for you the people. It’s the answer to your cry for freedom from repression. We will rebuild the infrastructure of the state and we will grow the economy and not loot the meagre resources as has been the practice by successive governments.

    A new dawn has come and Uche Ogah, very successful in his business will bring the experience to governance and turn Abia state around for the better. He has what it takes to deliver on his promise.”

  • Abia conundrum as Ikpeazu, Ogah go for broke

    Abia conundrum as Ikpeazu, Ogah go for broke

    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.

  • Abia governorship tussle: Ikpeazu, Ogah’s supporters put state on edge

    Abia governorship tussle: Ikpeazu, Ogah’s supporters put state on edge

    Supporters of Governor  Okezie Ikpeazu of Abia State and those of his rival for the governorship, Dr. Uchechukwu Ogah have taken their battle to the court of public opinion while legal fireworks continue in the court rooms.

    Although the two gladiators are members of  the Peoples Democratic Party (PDP),the state executive committee of the party has thrown its weight behind the governor and vowed yesterday to resist any attempt to remove him from office for Ogah.

    Chairman of the party in the state, Chief Johnson Onuigbo, rising  from an emergency meeting of the party in Umuahia denounced moves to oust Ikpeazu as a rape of democracy.

    Democracy,according to him, is under threat in the state, as those who do not believe in the rule of law are determined to scuttle democracy which many people struggled for and lost their lives in the process.

    He said while there is nothing wrong in an aggrieved person going  to court to seek redress,there should also be nothing wrong in another person exercising his right of appeal at a higher level.

    He said Ikpeazu cannot vacate office until the court decides on his appeal.

    He alleged  that the situation in Abia was being instigated from outside the state.

    He said:”Abia is not safe as there is a rumour that the Government House will be invaded by the military which is backed by the Presidency.

    “We do not want to believe that, as President Mohammadu Buhari is a man of integrity, but we want the world to know what is happening.

    “As a party we will resist any move by anyone to undermine the peace in the state and as a government that believes in the rule of law we have obtained an injunction stopping the swearing in of Ogar”.

    “If the people involved ignore the court injunction, there will be anarchy.As we are in a democracy, impunity should not be condoned, we are in a war in Abia state.

    “We are ready for them.We are ready to die.If they do it,they are inviting anarchy and confusion in the state.

    “We are in a democracy so we  want the world to hear and know that we are being short changed in Abia.”

     Ogah’s spokesperson  Emma Iheanacho writing on his Facebook wall yesterday said: “The Governor- Elect of Abia State, His Excellency, Dr. Uche Ogah, has thumbed up INEC for obeying the order of the Federal High Court, Abuja in issuing certificate of returns to him in Abuja yesterday (Thursday).

    “Speaking to Abia Breeze of Destiny, who paid him solidarity visit, he said that INEC’s issuance of certificate of return to him in Abuja yesterday demonstrated show of transparency and non partisan in the line of duty. He urged all other parties and agencies in the electoral process to emulate INEC to ensure that our democracy succeeds.

    |”Dr. Ogah also commended the verdict of the Federal High Court in Abuja that gave the landmark judgement. He praised the courage of Justice Okon Abang in delivering the judgement without fear or favor because there were incontrovertible evidences against Dr. Ikpeazu.

    “Dr. Ogah assured the people that as he had earlier told Abians, his call to serve Abia State as governor is a divine mandate to make Abia a model state in Nigeria and, he will not disappoint God.”

     In another post, Iheanacho said: “The Governor-Elect of Abia State, His Excellency, Dr. Uche Ogah, has commended Abians for their resilience and steadfastness all through the period of the struggle, and urged them to go about their normal duties irrespective of the pronouncement by Dr. Okezie Ikpeazu.

    “He told them that Dr. Ikpeazu does not have any legal and constitutional authority to declare public holidays in Abia State except for mischief, having had his certificate of return withdrawn by INEC. The Governor- Elect said that his administration will work closely with late Chief Ojo Maduekwe’s family and others to honor the deceased, who is a great son of Abia State

    “Dr. Ogah described late Chief Ojo Maduekwe as a great patriot who deserves a befitting funeral.”

    And speaking to The Nation by phone,Iheanacho said : “there are high expectations  among the people to see Dr.Uche Ogah assume office.He has been receiving  congratulatory messages and hordes of visitors,individuals and groups from all walks of life.

    “In fact,as I am talking to you now people are trooping in to rejoice   with him.The people  of Abia are happy with the development and can’t wait to see him assume office.”

    Information Commissioner  Bonnie Iwuoha dismissed Iheanacho’s claims as false.

    He said Abians had been   protesting in their hundreds  to show their displeasure for Ogah.

    He said:”Abians from the 17 local government areas of the state yesterday (Thursday) came out in their numbers to protest against any attempt to foist Ogah on them.

    “The people pledged their support for Ikpeazu who enjoined them to be calm. The people vowed to resist any plan to swear in someone who did not contest any elections  but wants to take over the governance of the state. As I am talking to you now, I am in the Government House and I can assure you that every where is calm.”

    The President General of Ohanaeze Ndigbo,  Chief Gary Enwo Igariwey  said the group was studying the development and “would not immediately make comment because the matter is still in court”.

    Residents of Aba, Abia State expressed mixed feelings over the political development.

    Some of them feared that the state was heading towards anarchy if nothing urgent was done  to arrest the situation.

    Sylvanus Okorie said:” politicians in this  state should be careful in  their actions to avoid causing anarchy. The right thing should be done. Our concern is for the court especially a higher court to tell us who is the authentic governor of the state.”

     The All Progressives Grand Alliance (APGA), Abia State chapter described the development  as a family affair which the PDP should handle without problem if indeed it is one family.

     The state chairman of APGA,the  Rev. Augustine Ehiemere warned that the situation should not be allowed to  degenerate into a crisis that would threaten people’s lives and property.

     ”Since Dr. Okezie Ikpeazu and his legal team said they have appealed against the judgment which is the right thing to do, it will be greatly unfair should his supporters resort to self help through violence moreover when the ban on protest was still in force,” he said.

     He asked  the gladiators to “immediately cease all anti democratic actions that are capable of plunging Abia State into state of anarchy”.

     APGA threatened it would be compelled to approach the Federal Government to declare a state of emergency in Abia to prevent a breakdown of law and order if its advice was not heeded.

    A legal practitioner  and executive Director Coalition of Lawyers Against Corruption in Nigeria (COLACN), Barr. Olusegun Bamgbose said: “if we look at the legal implication we will be able to find a solution to the pressing problem because the two different individual are laying claims to the governor of Abia state.

    “From the legal point of view, once an order is made it must be obeyed except it is set aside by a higher court. In this case there is an order in place and that order stands till a higher order sets it aside.

    “ If not for the public holidays declared by the state on Friday and Monday including the one the declared by the federal government, we should have been able to get a clearer picture as from Monday and Tuesday. But as it stands now, we have to wait till Thursday and Friday before we can look at what the court will do. I am sure that the both parties will be working seriously against next week Thursday.”