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Tag: Okezie Ikpeazu

  • Judge’s withdrawal stalls hearing of Ikpeazu’s appeal

    The hearing of appeals against the nomination of Gov. Okezie Ikpeazu as governorship candidate of the PDP in the 2015 election was on Wednesday at the Supreme Court stalled.

    Agency reports that the withdrawal of Justice Amina Augie from the seven-man panel was responsible.

    The apex court was billed to entertain the appeals filed by Mr Uche Oga and Mr Friday Nwosu, challenging the nomination of Ikpeazu as the party’s governorship candidate.

    At the resumption of proceedings, Augie had informed the court that she wished to be isolated from sitting on the appeals.

    She hinged it on the fact that she was among the panel that decided on the appeals at the Court of Appeal in Owerri.

    NAN reports that a petition had been filed against Augie, who they accused had purportedly selected four justices of Abia extractions to sit on the appeals against the governor in Owerri.

    The petitioners, who were also the appellants in these appeals, had also accused her to have influenced the proceeding in favour of the governor.

    NAN reports that the inability of the counsel to the parties to diligently exchange processes was also part of the sundry challenge that stalled the proceedings.

    Justice Bode Rhodes-Vivour, who presided therefore, adjourned the matter, saying however, that the new date would be communicated to parties.

    “The Acting Chief Justice of Nigeria, Justice Walter Onnoghen, shall approve of the date for this case shortly,’’ he said.

    The other parties in the matter are the Independent National Electoral Commission and the PDP.

  • Ikpeazu pardons 20 prisoners

    Ikpeazu pardons 20 prisoners

    Governor. Okezie Ikpeazu of Abia has granted state pardon to 20 prisoners convicted for offences ranging from stealing, armed robbery, conspiracy, intent to commit a felony, advanced fee fraud and assault.

    The state’s Attorney-General and Commissioner for Justice, Chief Umeh Kalu made this known in a statement in Umuahia on Tuesday.

    Kalu said that the prisoners held in Aba, Arochukwu, Port Harcourt and Enugu prisons were granted pardon on the advice and recommendation of the Abia State Advisory Council on Prerogative of Mercy.

    He said that three among the 20 prisoners were on death row and had their sentences commuted to life imprisonment while the others sentenced to various prison terms were released.

    Kalu explained that the governor’s exercise of clemency to the prisoners was in commemoration of the Christmas and New Year celebrations.

    “Government expects the pardoned prisoners to be law abiding and contribute to the drive to provide a better future for the state and the country at large,’’ he said.

  • PDP: Fayose, Ikpeazu differ on peace move

    PDP: Fayose, Ikpeazu differ on peace move

    Two governors of the Peoples Democratic Party (PDP) on Thursday disagreed on the peace move that was announced by the two feuding factions of the party led by Senator Ahmed Makarfi and Senator Ali Modu Sheriff.

    The two factions of the party had on Tuesday announced their decision to bury the hatchet and work together in order to enable the party perform its role as a viable opposition platform.

    Both factions disclosed their intention to embark on extensive consultations with their respective loyalists to fashion out a way to cement the new unity after about four months of bitter rivalry.

    Governors Okezie Ikpeazu of Abia State and Ayo Fayose of Ekiti State, who spoke separately on the issue with State House correspondents at the end of the National Economic Council (NEC) meeting at the Presidential Villa, Abuja on Thursday, differed on the necessity of the reconciliation move.

    While Fayose rejected it and stressed that it is only the Court of Appeal that can resolve the party’s leadership crisis, Ikpeazu described it as a step in the right direction.

    According to Fayose, the PDP state governors have not been briefed on the reconciliation move while the cases in court have not been withdrawn.

    He said: “That move, you see, I’m not against anything called resolution within the party but everybody must wait for Court of Appeal to resolve this matter.

    “Matters are in court, nobody has withdrawn any matter and they are resolving. What are you resolving?

    “When matters are in court you, allow court to lay them to rest. The moment this thing doesn’t go with one side, they will tell you were are still in court.

    “But allow the court to take a stand and reconciliation would be made easy. I’m not against anybody reconciling with each other, but when you see that meeting, ask the coverners if the governors were briefed.

    “I was not briefed. I am not the only person in the party, but I think I have a stake.”

    On whether the cases in court cannot be withdrawn during reconciliation, he replied: “Let’s wait till then. But my opinion is the Court of Appeal must resolve this matter.

    “When you resolve the matter, you know that I am wrong and I you are right and reconciliation will be made easy.” He said.

    Abia governor said that the new reconciliation move will be a victory for the party and Nigeria at the end of the day.

    Noting that the long period of the crisis had taken a toll on the party, he said that it had also provided it with new opportunities to become stronger.

    Ikpeazu said: “In every crisis there are downsides because nobody will wish and pray for the crisis. I think also that moment of crisis are also opportunities for strength, renewed vigor and to reinvent our vision.

    “So, ultimately, I think the PDP has the resilience and what it takes to bounce back as a party.”

    On how to secure the support of its founding fathers and others who may have left the party, he said the party will work to bring everybody back on board.

    He went on: “There is no doubt that party politics everywhere involves everybody, whether you are a founding father or a new member. A political party is built around people and everybody has a equal stake.

    “Our interest is Nigeria. Therefore, all strata of people, an opinion I think will be put into consideration because they are equally important.

    “The important thing is Nigeria and the important thing is democracy. Whether you are a BoT member or a party person, it doesn’t really matter. PDP Governors Forum is not a political party,” he added.

  • Appeal Court reserves judgments in Ikpeazu’s appeals

    Appeal Court reserves judgments in Ikpeazu’s appeals

    The Court of Appeal, Abuja division, on Tuesday reserved judgments in six appeals filed against two judgments of the Federal High Court, Abuja, sacking Governor  Okezie Ikpeazu of Abia State.

    Justice Okon Abang of the Federal High Court, Abuja, in his June 27 rulings in suits filed by Samson Ogah and Obasi Ekeagbala, voided Ikpeazu’s election for making  false claims in the tax information he submitted to his party, the Peoples Democratic Party (PDP), preparatory to the December 8, 2014 governorship primary in the state.

    The court reserved judgments in the appeals after listening to parties made their final submissions and adopted their briefs of argument.

    The appeals included three filed by Ikpeazu and marked: CA/A/390/2016, CA/A/ 390D and CA/A/406/2016

    There were two appeals filed by the PDP marked: CA/A/390A and CA/A/406A and the one marked: CA/A/390B filed by Friday Nwosu, a PDP governorship candidate, who came fifth in the party’s primary.

    Nwosu’s suit against Ikpeazu was dismissed by the Federal High Court, Umuahia, over his failure to prove the forgery allegation against the governor.

    Ikeazu, represented by a team of 37 lawyers including eight Senior Advocates of Nigeria, led by Wole Olanipekun, faulted the judgments of the court.

    He urged the court to set aside the judgments.

     

  • Dokpesi accuses APC of marginalising South East

    Dokpesi accuses APC of marginalising South East

    Chief Raymond Dokpesi has accused the government of the All Progressives Congress, APC of marginalizing the peoples of the South East.

    He stated this during his meeting with delegates from Abia state ahead of the party’s National Convention, billed for August 17, 2016, in Port Harcourt, the Rivers state capital.

    Dokpesi noted that the APC has relegated the Igbos since it assumed office over 15 months, adding that it is against the visions of the founding fathers of Nigeria as well as against the spirit and character of the constitution which advocated equality, federal character in appointments.

    “Prior to the 2015 general election, they called PDP and our presidential candidate many names but today, do they have any clue of governance? The cost of kerosene, diesel, tomatoes, garri, rice and others are at all-time high,” he said amidst applause from the delegates.

    While soliciting for the support of the delegates ahead of the national convention, he said he has the asset, the goodwill and the experience to transform PDP and reposition it for 2019 election so that power will return to Nigerians as envisaged by the founding fathers.

  • Court to hear Ikpeazu appeal August 9

    Court to hear Ikpeazu appeal August 9

    The Court of Appeal, Abuja, on Tuesday adjourned till August 9, hearing on the appeal filed by Abia State Governor, Okezie Ikpeazu, challenging the June 27 nullification of his election by a Federal High Court, Abuja.

    Justice Morenikeji Ogunwumiju, who led four other judges, said the adjournment was at the instance of all the parties in the matter.

    She said the adjournment was to ensure that all processes are properly filed and exchanged.

    The judge asked all parties in the matter to maintain the status quo.

    “This decision should not be misinterpreted to mean a stay-of-execution as we are yet to decide anything,’’ the News Agency of Nigeria (NAN) quoted the judge as saying on the matter.

     

  • Group to Ikpeazu: Vacate office in seven days

    Group to Ikpeazu: Vacate office in seven days

    An Igbo pressure group, under the aegis of Ndigbo Buotu Union, has given Abia State Governor, Okezie Ikpeazu, seven days to vacate his seat over tax return controversy involving the governor.

    The group vowed to occupy the Abia State Government House if the governor refused to heed the call.

    A Federal High Court in Abuja had sacked Ikpeazu for tax default.

    The court had ordered the Independent National Electoral Commission (INEC) to withdraw the governor’s certificate of return and issue same to his rival, Mr. Uche Ogah.

    But Ikpeazu has continued to seek legal reprieve in the various courts to overturn the ruling.

    The National president of Ndigbo Buotu, Igwekala Ugomaduefule, said in a statement made available to journalists in Abuja on Friday that Governor Ikpeazu lacked the moral right to continue in office because of the severity of the allegations against him.

    Ugomaduefule declared that the entire Igbo nation is scandalized that the governor is using all sorts or subterfuge to hang on to office.

    The statement said, “Since the issue of tax evasion by the outgoing governor of Abia State, Dr. Okezie Ikpeazu, became public knowledge, the people of Abia State, the Igbo nation and indeed all Nigerians have been keenly following the development in court because of the severity of the alleged offence.

    “At every point and turn, the governor engaged all manners of delay tactics and subterfuge to stop the case, including going to the Supreme Court to ensure the case does not see the light of the day.

    “However, all the rigmarole on the tax evasion case instituted against outgoing Governor Ikpeazu came to a halt on Monday, June 27, 2016 following the ruling by the Federal High Court, Abuja, presided over by Justice Okon Abang, which found him culpable of tax evasion and consequently kicked him out of office.

    “The court also ordered the Independent National Electoral Commission (INEC) to issue a certificate of return to Dr. Uche Samson Ogah, who came second in the PDP primary.

    “We members of Ndigbo Buofuobi , like other Nigerians, had expected the governor to take the path of honour, apologize for his misdeed and immediately quit office for Dr. Uche Samson Ogah as ordered by the High Court.

    “Rather than do the honourable thing, Governor Ikpeazu has been brazenly talking tough and refusing to quit office.

    “We find this very irritating, morally questionable and politically incorrect for a man that should cover his face in shame is all over the media boasting that he will not respect the court ruling.

    “We want to use this opportunity to call on the national leadership of the PDP to call Governor Ikpeazu to order and prevail on him to respect the ruling of the court instead of exposing the party to more public ridicule after the damage he did to the image of the party by tax evasion.

    “PDP leaders should also learn from this sad incident and ensure that in future all aspirants for every position are scrupulously screened before the primaries to ensure this ugly development does not repeat itself in future.”

     

  • Why Ikpeazu was sacked as Abia governor – Court

    Why Ikpeazu was sacked as Abia governor – Court

    The Federal High Court on Friday said Justice Okon Abang ordered Abia State Governor, Dr. Okezie Ikpeazu’s sack because the judge found that he allegedly submitted false tax information to the Independent National Electoral Commission (INEC).

    The court said the case had nothing to do with forgery of tax documents.

    The court’s Chief Registrar, Emmanuel Gakko, said in a statement that there were two different cases against Ikpeazu.

    He said one of the cases was filed by Sir Friday Nwosu with Dr. Ikpeazu and Dr. Sampson Uche Ogah as defendants. The case was before Justice Ambrose Allagoa.

    In the second suit before Justice Abang, Dr. Ogah was the plaintiff, while Dr. Ikpeazu and Sir Nwosu were the defendants.

    The court said the case before Justice Allagoa bothered on alleged forgery or falsification of tax certificate and receipts for 2011, 2012, 2013 and 2014 by Dr. Ikpeazu.

    In deciding the case, Justice Allagoa held that “a mere nebulous averment is not enough for the purpose of pleading the crime of forgery.”

    According to the judge, “forgery is a criminal offence and must be proved, which the plaintiff failed to do.”

    The statement added: “The court further held that by the affidavit of the Abia State Director of Taxes testifying that the documents are genuine, the court held that there was presumption of genuineness of the assessment and the certificate and/or receipts issued to Dr. Ikpeazu.

    “The court further held that the consequential reliefs have become unnecessary for the court’s consideration.

    “It should be noted that the court did not make any consequential orders with regard to the position of the governor other than the allegation of forgery.”

    The Chief Registrar said the case before Justice Abang had a different subject-matter, that Dr. Ikpeazu submitted form CF001 to INEC which were alleged to contain false information.

    “The court held that the information in Form CF001 as shown by him (Ikpeazu) in the affidavit accompanied with other documents to INEC are false and has nothing to do with forgery.

    “The, court, therefore made consequential orders under the doctrine of ‘lis pendens,’ which disallows any transfer of rights or interest in any subject matter that is being litigated upon during the pendency of litigation in respect of the said subject-matter.

    “The court, accordingly, declared Dr. Ogah as the winner of the Peoples Democratic Party (PDP) primaries and should be issued with Certificate of Return accordingly.”

    The Chief Registrar said the clarification became necessary in view of “misrepresentation of facts as published in some electronic and print media and comments by both legal practitioners and laymen on the correct facts of the cases involving the Abia State Governor and the Judgment of Hon. justice O. E. Abang and Hon. Justice A. L. Allagoa.”

  • Abia: Ikpeazu asks CJN, NJC to probe Justice Abang

    Abia: Ikpeazu asks CJN, NJC to probe Justice Abang

    Abia State governor, Okezie Ikpeazu, has urged the Chief Justice of Nigeria, Justice Mahmud Mohammed and the National Judicial Council (NJC) to investigate what he described as “irreparable injustice” meted on him by Justice Okon Abang of the Federal High Court, Abuja Division.

    On June 28, Justice Abang annulled Ikpeazu’s election over alleged falsification of tax receipts following which the Independent National Electoral Commission (INEC) issued a certificate of return to Dr. Samson Ogah, who contested the gubernatorial ticket with Ikpeazu.

    But, in a letter to the CJN and NJC, Ikpeazu said the judge, among others, “surreptitiously” enrolled a seven-page order and delivered same to Ogah, so as prevent an appeal against the judgment.

    He also accused the judge of failing to release the court file to the registry of the Federal High Court for compilation of records and failing to make “available signed copies of the judgment to us despite repeated demands.”

    Ikpeazu described the judge’s actions as “abuse of office and denial of justice which had thrown Abia into turmoil, grave political uncertainty and total breakdown of law and order,” and urged the NJC to “investigate and take necessary disciplinary action against the judge.”

    The petition titled: “Abuse of judicial power and injustice meted to Dr. Okezie Ikpeazu by Hon. Justice Okon Abang of the Abuja Division of the Federal High Court in suit No. FHC/ABJ/CS/71/2016,” was signed on Ikpeazu’s behalf by one of his lawyers, Mr. Emeka Eze.

    He said: “On June 27, 2016, Hon. Justice Okon Abang delivered oral judgment in the said suit with a pronouncement in court that copies of the judgment will be made available to parties within seven days.

    “A few hours after delivery of the judgment, we sent formal requests for the written copies of the judgments, filed a notice of appeal and an application for stay of execution of the orders of the court.

    “The filed copies of the notice of appeal and applications for stay of execution were duly served on all parties, including INEC, on the same day.”

    Ikpeazu added that on receipt of his notice of appeal and application to stay execution of the orders of the court, “Justice Abang surreptitiously and without our knowledge enrolled a seven- page order signed by him and delivered same to the plaintiff.

    He said this was to enable Ogah enforce the orders contained in the judge’s enrolled judgment “thereby truncating the petitioner’s rights to appeal against the judgment.”

     

  • Abia: Court upholds INEC’s issuance of Certificate of Return to Ogah

    Abia: Court upholds INEC’s issuance of Certificate of Return to Ogah

    *Refuses PDP’s motion for stay of execution

    *Insists on Ikpeazu’s sack   

    *Judge slams Ikpeazu over Abia court’s order

    Justice Okon Abang of the Federal High Court, Abuja on Friday upheld the certificate of return issued to Sampson Ogah as the Governor of Abia State by the Independent National Electoral Commission (INEC).

    The judge also refused an application by the Peoples Democratic Party (PDP) for stay of execution of its judgment sacking the incumbent Governor, Okezie Ikpeazu.

    He described as an abuse of court process, the two applications for stay of execution filed by the PDP, and proceeded to dismiss them.

    The judge berated Ikpeazu for going before the Abia State High Court, Osisioma to obtain an ex-parte order, with the intention of frustrating the execution of the judgment of his court.

    Justice Abang spoke while delivering two rulings on Friday in relation to the applications by Ikpeazu and his party, the PDP for the stay of execution of the court’s judgment in the suit marked: FHC/ABJ/CS/1086/2014 and filed by a PDP member, Obasi Uba Eleagbara.

    The proceedings lasted about seven and half hours, from 9am to 4:30pm.

    The court had on June 27 gave two judgments sacking Ikpeazu on the ground that he was not qualified to contest the last PDP primary election in the state having made false representation about his tax status to INEC. The suits were the one by Eleagabara and Sampson Ogah.

    When the case by Eleagbara was called, Ikpeazu’s lawyer, Wole Olanipekun (SAN) told the court that he was not ready to argue the application for stay of execution filed on behalf of his client.

    Olanipekun sought an adjournment on the ground that he was new in the case and had not studied the application.

    But, lawyer to the plaintiff, Alex Iziyon objected to an adjournment and insisted that the application must be argued.

    On sensing that the judge was inclined to hearing the application, Olanipekun applied to withdraw the application. Iziyon did not object to Olanipekun’s application to withdraw, but told the judge to dismiss the application.

    Ruling, Justice Agang 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. I so hold.

    “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.

    While dismissing the applications for stay of execution by the PDP, Justice Abang he the party’s decision to file two application at the same time was an abuse of court process.

    He 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, Okezie 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,” Justice Abang said.

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

    Earlier in relation to the case by Ogah, the judge elected to suspend further proceedings on the application for stay of the judgement in the case filed by Ikpeazu.

    The judge said his decision to stay further action in the case pending appeal, was informed by the concession by Iziyon that the appeal filed against the judgment had been entered at the Court of Appeal and that records of appeal had been complied.

    The judge said he would have proceeded to hear the applications pending before his court, including the one by the Ogah, which sought to set aside the order made the Osisioma High Court, but for the concession of Iziyon that the appeal having been entered, the trial court should stay all actions.

    Justice Abang, who drew a distinction between when a trial court could or could not stay proceedings because appeal had been entered at the Court of Appeal, said where it was an appeal against a final judgment, the trial court has the jurisdiction to hear an application for stay of execution.

    He relied on the provision of Order 7 Rule 3 and 4 of the Court of Appeal Rules to hold that a trial court could only stay proceedings where an appeal is entered at the Appeal Court if such an appeal was on an interlocutory decision.

    Justice Abang further held that where the decision appealed against was a final judgment of the trial court, such a court has the jurisdiction to first determine an application for stay of execution before such application is filed at the appellate court where the trial court refuses it.