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Tag: Ogah

  • Lawyers express divergent views on Ikpeazu, Ogah

    Lawyers express divergent views on Ikpeazu, Ogah

    Lawyers yesterday disagreed on whether the Independent National Electoral Commission (INEC) was right to issue a Certificate of Return to Samson Ogah following a court order that Dr. Okezie Ikpeazu vacate Office as Abia State Governor.

    INEC National Commissioner (Southeast) Lawrence Nwuruku issued the certificate despite notice of appeal for stay of the orders made by Justice Okon Abang of the Federal High Court, Abuja filed on Tuesday by Ikpeazu.

    Those who spoke on the issue include; senior advocates Chief Felix Fagbohungbe, Chief Emeka Ngige, Sebastine Hon, Dele Adesina (a former National Secretary of the Nigerian Bar Association), former Ikeja branch chairman of the NBA Mr. Monday Ubani, rights activist and Constitutional lawyer, Fred Agbaje and Lagos lawyer, Jiti Ogunye.

    Fagbohungbe said that if Ikpeazu’s notice of appeal was accompanied by a motion for stay of execution, then the Certificate of Return issued to Ogah was in error.

    “An appeal does not operate as a stay. That is the law. Ikpeazu’s lawyers should know that immediately they file the notice of appeal, they must also simultaneously file a notice for stay of execution of the judgment. Once they have done this, INEC should not do anything but allow Ikpeazu to pursue his appeal. But I don’t know the facts of the case, so I can’t tell if he has filed a stay of execution or not.

    “Note that the judgment takes effect from the day it is delivered and if you want to stay the hand of the law you have to file a notice for stay of execution. If you don’t do that it means you have allowed the judgment to take effect. So, INEC will want to comply.”

    Ngige reasoned that INEC would be right in issuing Ogah the certificate of return if Ikpeazu had failed to serve it with his motion for stay of execution.

    He said: “If the notice of appeal coupled with a motion for stay of execution of the judgment either at the Federal High Court or at the Court of Appeal had not been duly served on INEC, the issuance of the certificate of return would seem to be in order. If otherwise, then it would be wrong.

    “So, the question is: ‘Has Dr. Ikpeazu served both processes on INEC? Is there proof of service?’ If yes, the court can set aside the Certificate of Return the INEC issued to Mr. Ogah.”

    Hon described the issues surrounding the Abia governorship position in Abia state as an invitation to anarchy.

    He said: “The Certificate of Return is, to all intents and purposes, null and void, if there is proof that INEC was served not only with a notice of appeal to the Court of Appeal  but also a motion on notice for a stay of execution of the judgment of the trial court.

    “Issuing such a certificate to Mr. Ogah, the presumptive winner of the suit at the trial court, amounts to contempt ex facie curiae of the Court of Appeal. In other words, by so acting, INEC is competing with the Court of Appeal over the latter’s jurisdiction to hear and determine the motion for stay and subsequently the main appeal. This is a clear invitation to anarchy, which must be nipped in the bud at the earliest opportunity.”

    Hon suggested that President Muhammadu Buhari should urgently step in and direct the acting Inspector-General of Police not to enforce the terms of the disputed judgment at this stage.

    “But, even if the President does not so order, the Acting Inspector-General of Police (IGP) should accord respect to the Court of Appeal before which the motion for stay is pending, by refusing to enforce the judgment now on appeal, pending the determination of the main appeal.

    “I must also counsel that no person, no matter how highly placed, should be allowed to trample on the rule of law and due process in this our tottering democracy.”

    The former NBA General Secreatry (Adesina) believed INEC acted illegally by refusing to wait for the outcome of Ikpeazu’s appeal.

    He said: “As long as an appeal has been filed against the judgment and there is stay of execution, it will be totally wrong and illegal for INEC to issue a Certificate of Return to another person. It will be premature for INEC to execute the judgment.”

    Agbaje shared similar sentiments, stating that the country was “a free society where anything goes.” According to him, the INEC’s action amounted to an affront on the judiciary.

    He went on: “Since there is an appeal, the Commission should have waited for the outcome of the Court of Appeal on the matter before taking any step.

    “INEC is supposed to wait for the Court of Appeal to decide the fate of the man. The action of the Commission is illegal and cannot stand the test of law. What the Commission did was to donate power to an opponent of the governor. What if the Court of Appeal upturns the judgment? The action of Commission is unacceptable in law and it is illegal.”

    Ogunye explained that everything depends on whether there was a motion for stay of execution or not.

    He said: “An appeal does not operate as a stay of execution against the judgment of a court. When you file an appeal, you have to couple it with an application for stay of execution. The law is that even though that application for a stay of execution is yet to be determined one way or another, once you just file it, automatically it operates as a stay until that application is decided one way or the other.

    “So, I would be willing to know whether Ikpeazu upon filing the notice of appeal, also filed an application for a stay of execution of the judgment. I would also be willing to know whether INEC was a party to that case, because it is a pre-election matter.

    “However, there is also another matter. You know that under the Constitution, if an election petition succeeds against somebody that has been sworn in, that person continues to stay in office until the final and eventual determination of that election appeal. That is the position.

    “I don’t know whether INEC now feels differently, that since this one is a pre-election matter, it is not covered by that Constitutional provision that if there is an appeal against an incumbent whose election has been nullified, he continues to stay in that office, like ex-Anambra governor, Chris Ngige, until that appeal is eventually determined. So, we’ll see.”

    But former Ikeja NBA chair Ubani said that the appeal of the embattled governor of Abia State, before the Court of Appeal does not operate as a stay over the judgement of Justice Okon Abang.

    Apart from ordering INEC to issue Ogah with a certificate of return, Justice Abang also ordered the Chief Judge of Abia State to swear him in as the governor of the state.

    Ubani remarked that while INEC has complied with the first part of the order of the court, the Chief Judge of Abia State is yet to comply with the order of the court that the rightful person should occupy the governor’s seat.

    He said: “I understand that a high court in Osisioma Ngwa, the axis where the governor hails from, has issued an interim order restraining the Chief Judge from swearing in Dr Uche Ogah as the governor of the state.

    “The point must be made that this order cannot stand as it is invalid in law. The order did not emanate from a higher court but from a court of coordinate jurisdiction and does not in any way vitiates, or invalidate the earlier judgment of the Federal High Court in which the Chief Judge of Abia State was ordered to swear in Dr. Uche Sampson Ogah. Only a higher court, in this case, the Court of Appeal has the jurisdiction to reverse the judgment of the Federal High Court.”

    Ubani emphasised that in the absence of any express order of the High Court or the Court of Appeal ordering a stay of execution, the judgment of the Federal High Court delivered on Monday should be obeyed by all the parties.

    Prof Fidelis Oditah, a SAN and Queen’s Counsel (QC) said Ikpeazu’s pending appeal should automatically stop Ogah’s inauguration.

    Oditah said: “It appears from newspaper reports that Dr Ikpeazu has filed an appeal against the decision removing him from office. The appeal prevents the immediate enforcement of the decision, including taking any step to enforce the decision which must include issuance of a certificate of return.

    “Unlike the position in relation to ordinary appeals where an appeal does not by itself operate as a stay of execution or enforcement of the decision appealed, an appeal against an election result operates as a stay of enforcement of the decision appealed, pursuant to section 143 of the Electoral Act 2010.

    “For this reason alone, Mr Ogah cannot be sworn in as the governor of Abia State pending the hearing and determination of Dr Ikpeazu’s appeal, because such swearing in would constitute enforcement of the appealed decision, which is prohibited by section 143 of the Electoral Act 2010.

    “Besides, section 141 of the Electoral Act 2010 says that under no circumstance shall a court declare a person as the winner of an election unless he participated fully in all stages of the election.

    “This is statutory reversal of the sound but unpopular decision in Amaechi v INEC. Mr Ogah does not appear to have participated in all stages of the 2015 elections as a candidate and prima facie cannot be declared the winner in Abia State, whether through the disqualification of Dr Ikpeazu or otherwise.

    “As I do not know the details of the decision, I do not believe it is appropriate to comment further.”

    To Mr. Wale Ogunade, Ikpeazu should have resigned and apologise to the people for flouting the laws of the land in the election that brought him to power.

    The lawyer-analyst said: “The right and decent thing Dr Okezie Ikpeazu should do is to resign and apologise to the people of Abia for being `dishonest’.

    “In the first instance, this matter does not require an appeal as it is a pre-election matter and since the issue of tax returns was a requirement during the preliminary stage of elections, the issue of appeal does not arise as all pre-election matters should be treated before elections.

    “Nobody should be above the law, one cannot pay three years tax in a day and claim that the law has been followed when the requirement is that the tax payments should be made as at when due.

    “He (Ikpeazu) also has no immunity because it is a pre-election matter which arose before he was elected governor; he just got this injunction as a ploy to buy time as governor.”

  • Ogah: my victory marks new beginning

    Ogah: my victory marks new beginning

    Abia State Governor-elect Uchechukwu Ogah, yesterday described his victory as a new beginning for the state.

    He assured the people of  a better deal.

    Ogah spoke to reporters on his arrival at the Sam Mbakwe International Cargo Airport, Owerri on his way to Umuahia to assume office as governor. He came in from Abuja, after receiving his certificate of return from the Independent National Electoral Commission (INEC).

    “Abia is going for better days ahead. It is a new dawn for Abia because fresh air has entered Abia State,” he said.

    He arrived aboard a chartered aircraft. He was with his wife and many political associates. A crowd of supporters was at the airport to receive him. There were also local dance troupes.

    Among leaders at the airport were Hon. Nkieruka Onyejiocha, member representing Isiukwuato/Umonneochi Federal Constituency, and Chief Uche Akwukwuegbu. They all defied a downpour to receive the governor-elect.

    For over three hours, they waited. The airport was in a carnival mood as jubilant youths and women sang victory songs while waiting for Ogah’s arrival.

    Some of the supporters said that they were at the airport to support Ogah.

  • How Ogah got the judgment that sacked Ikpeazu

    How Ogah got the judgment that sacked Ikpeazu

    In 2014, Samson Uchechukwu Ogah was one of the many governorship aspirants of the Peoples Democratic Party (PDP), who participated in the party’s primary election on December 8, 2014 in Abia State. He came second behind Okezie Ikpeazu, who eventually contested and won the Abia governorship election.

    Dissatisfied with the outcome of the primary, Ogah petitioned the party’s appeal panel, alleging that Ikpeazu made false claim on his tax information form. He argued that, by making such false claim about his tax payment, it implied that he did not pay his tax as at when due as against the requirement under Article 14 of the PDP Electoral Guidelines.

    Following his party’s refusal to act on the issues he raised, Ogah approached the Federal High Court, Abuja and initiated a suit, in which he sought among others, a declaration that Ikpeazu was not qualified to contest the party’s primary by virtue of his alleged false claim about his tax payment.

    He listed his party, the Independent National Electoral Commission (INEC) and Ikpeazu as defendants in the suit.

    Ogah, represented by Alex Iziyon and Femi Falana,  both senior advocates, also urged the court to disqualify Ikpeazu from contesting the governorship election since he was not qualified to contest the primary election. He prayed the court to declare him, having scored the second highest votes in the primary election, as the rightful candidate.

    Responding, Ikpeazu filed a notice of preliminary objection, challenging the jurisdiction of the Federal High Court, Abuja to hear the case. He argued that the case revolved around allegation of forgery, that the plaintiff’s claim was that he forged his tax clearance certificate and income tax receipts.

    The plaintiff argued otherwise, insisting that the case had nothing to do with forgery, but the making of false claim in relation to Ikpeazu’s tax payment information.

    The trial judge, Justice Okon Abang, held in favour of the plaintiff, insisting that the Federal High Court was with the requisite jurisdiction to hear and determine the case.

    Within the same period, another aggrieved member of the party, Obasi Uba Eleagbala filed a similar suit before the same Federal High Court, Abuja. Ikpeazu also objected, raising similar objection, challenging the court’s jurisdiction.

    Ikpeazu’s objection was dismissed by the court, which elected to hear the case. Ikpeazu appealed the court’s ruling at the Court of Appeal, Abuja. He again, appealed to the Supreme Court when the Court of Appeal gave judgment against him.

    In its judgment in Ikpeazu’s appeal earlier this year, the Supreme Court upheld the Federal High Court’s jurisdiction to hear the case and ordered that the substantive case be heard by the lower court.

    While parties were at the appellate court, the governorship election was held with Ikpeazu emerging as the winner.

    On their return to the Federal High Court, as ordered by the Supreme Court, Justice Abang, with the agreement of parties consolidated the cases by Ekeagbala and Ogah and heard them together.

    The judge gave two judgments on Monday , ordering among others, that Ikpeazu be replaced with Ogah, who came second in the PDP primary election of December 8, 2014 on account of his non-qualification to contest the primary by virtue of the false claim he made about his tax payment.

    Ikpeazu and his party announced on Tuesday that they have filed separate appeals on the judgments.

  • Ogah donates auditorium to ABSU

    Academic activities were suspended last Thursday at the Abia State University (ABSU), Uturu as students trooped out to witness the inauguration of a  500-capacity auditorium.

    The facility was built and donated to the university by the President of Masters Energy Group and a governorship aspirant in the state, Dr Uchechukwu Sampson Ogah.

    The ceremony was attended by officials of the state Ministry of Education, principal officers of the school, traditional rulers and various interest groups.

    Ogah also donated a 250Kv generator to power the auditorium, which has an e-library and offices.

    Supporters of Ogah almost turned the campus to a campaign ground, singing his praises.

    The Vice-Chancellor, Prof Chibuzo Ogbuagu, hailed the donor, saying the facility would make an impact on users. He said: “I commend the Ogah family for erecting this edifice, which will help us to match our peers in other cities in terms of infrastructure. This gentleman has demonstrated his philanthropy and support for education. He has put his money where it belongs. On behalf of the Governing Council, management, staff and students, I say a big thank you to Dr Ogah.”

    The Pro-chancellor, Senator Ike Nwachukwu, represented by Bishop Sunday Onuoha, urged affluent people in the state to emulate Ogah’s gesture and invest in education. He stressed that improving the quality of education should not be seen as the responsibility of the government alone.

    Ogah thanked the management for giving him an opportunity to give back to the society, noting that he wrote letters to three institutions to site educational projects. He said Prof Ogbuagu was the first to reply him.

    He said: “I was inspired to build this auditorium by my grandfather, who loved education.”

    Highpoint of the event was the inauguration of the facility, which was followed by presentation of gifts to the donor by the management and members of Students’ Union Government (SUG).

    The union president, Israel Ahaemfuna, said: “This wonderful edifice will create an enabling environment for learning. We appreciate the donor on behalf of the students.”