Governor Ikpeazu

A Federal High Court sitting in Abuja presided over by Justice Okon Abang, on Monday ordered Governor Okezie Ikpeazu to vacate his office immediately.

The sack of Ikpeazu came like a bolt from the blues for many.

Indeed, many had thought that with his victory at the Supreme Court in the suit filed to challenge his victory in the 2015 governorship polls by the All Progressives Grand Alliance, APGA candidate, Alex Otti, some months ago the governor is free from all legal troubles as related to his tenure of office.

The Monday court judgment which was the outcome of a protracted suit by some participants in the 2014 Peoples Democratic Party, PDP Abia State governorship primaries won by Ikpeazu which has not been accorded much attention by many.

The aspirants who lost to Ikpeazu had gone to court to challenge the victory of the Governor in that primary over allegations that the tax clearance certificate presented by him as required by law for gubernatorial contests was fraudulent.

The aggrieved aspirants alleged that Ikpeazu paid the three-year taxes which clearance papers he was required to include in the nomination form he submitted to INEC in one day to enable him qualify to contest the governorship election of the state.

The plaintiffs in the suit,  Messrs Obasi Uba Ekagbara and Chukwuemeka Mba also  contended that Ikpeazu was not eligible to contest PDP’s governorship primaries as ‘’he did not pay his taxes for 2011, 2012 and 2013 as at when due.’’

They backed up their allegation with documentary evidence to show that  ‘’taxes allegedly paid for three years were paid on the same day,’ ’ a fact which they said vitiated the authenticity of the tax clearance certificate issued to Ikpeazu and his INEC ‘’Form CF100.’’

The Governor did all he could to stop the hearing of the case, insisting that the suit should have been filed at State, rather than Federal High Court.

The Court of Appeal agreed with him that Federal High Court did not have jurisdiction to hear the case.

But the aggrieved aspirants proceeded to Supreme Court.

The panel of the apex court, led by Justice Mohammed Muntaka-Coomassie, set aside the judgment of the Court of Appeal and affirmed the competence of the Federal High Court to try the case.

The apex court consequently ordered that the case  should be remitted back to the Federal High Court  for an accelerated trial.

They backed their judgment up with an order to the Chief Judge of the Federal High Court of Nigeria ‘’to ensure that the case is heard and determined expeditiously.’’

Federal High Court reopened the case after the Supreme Court ruling.

After hearing arguments from all parties, the Court delivered the unexpected judgment on Monday.

Justice Abang, who ordered that Uche Ogah who came second in the PDP primary should be immediately sworn in as governor agreed in his judgment that information in the tax clearance certificate presented by Ikpeazu to the party during the governorship primaries in the state was false.

The Judge, while relying on the Supreme Court decisions in the case of Obi vs INEC and Ameachi vs INEC made a consequential order  that Ogah, a PDP gubernatorial aspirant in 2015 election in Abia, was entitled to the certificate of return in the election held in April 2015.

“It is hereby ordered that INEC, the third defendant should immediately issue certificate of return to Dr Samson Ogah as governor of Abia state in the election held in 2015 and restore to him all the entitlements as the elected governor of Abia.

“Dr Okezie Ikpeazu is hereby ordered to vacate office as governor of Abia immediately relying on the decision of the Supreme Court in INEC vs Obi,’’ he held.

Abang held that the tax clearance certificate and income tax receipts submitted by Ikpeazu were unknown to the law and made him ineligible to contest the poll.

He held that the 2011 tax clearance certificate and income tax receipt submitted to INEC before the 2014 PDP primaries contained false information.

The court said that Ikpeazu’s appointment letter as General Manager, Abia Passenger Integrated Scheme on July 18, 2011 spelt out his salary and entitlements.

“Going by the appointment letter, Ikpeazu would have worked for Abia Passenger Integrated Scheme for five months 12 days.

“The earnings of the second defendant based on the letter of appointment by single calculation in 2011 for five months 12 days is N493 or N546, 669 if not assigned government vehicle.

“The tax payment submitted by the second defendant didn’t reflect this figure,’’ the court held.

Abang further held that the tax certificate indicated the gross earnings of Ikpeazu for 2011 to be N1.14 million and the income tax was assessed on this figure.

He also held that the date on the tax receipt filed by the governor was on a Saturday, adding that Saturday, even in Abia was a public holiday.

The court said that Ikpeazu did not file his tax clearance in 2011, 2012 and 2013 and that all payments he made preceding the 2014 primaries were made in one day and not as and when due.

Abang held that Ikpeazu perjured when he said that he had fulfilled all the requirements to contest the 2015 elections.

This, he said, was because he had failed to provide a tax clearance certificate that was known to the law.

He added that the governor was not qualified to be the candidate of the PDP in the primaries of 2014 and was also not qualified to be fielded as the candidate for the 2015 election.

He held that Ogah was the qualified candidate to contest as the candidate of the PDP for the 2015 election and his name ought to have been forwarded INEC as the PDP candidate.

He said that Ikpeazu did not win the PDP primaries as he was not eligible or qualified to contest the poll.

He also awarded N100, 000 cost in favour of the Ogah.

But in a swift response, Ikpeazu said he will appeal the ruling as he has instructed his lawyers to file an appeal immediately against the said judgment.

The Governor noted as an appointee of the Abia State Government from 2011 to 2014, when he served as the General Manager, Abia State Passengers Integrated Manifest and Safety Scheme (ASPIMSS), and first Deputy General Manager, Abia State Environmental Protection Agency (ASEPA) Aba and Environs respectively, before his resignation in October 2014 to contest the Governorship election in the state, his taxes were deducted at source within that period.

According to him, when he had need of his tax clearance in 2014, he applied to the Abia State Board of Internal Revenue, and was duly issued with his tax receipts for the period in question.

Ikpeazu added that he remains the Governor of the state according to law and will await the final determination of the matter by the appellate courts.

Ayorinde Oluokun

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