Governor Okezie Ikpeazu

The Federal High Court has explained why Justice Okon Abang of its Abuja division asked the governor of Abia State, Okezie Ikpeazu to vacate office as well as the contrary ruling in a seeming similar suit decided by Justice Ambrose Allagoa of its Owerri division.

Emmanuel Gakko, the Chief Registrar of Federal High Court said in a statement on Friday that the particulars of the two suits were different, hence the outcomes.

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

The Court Registrar was emphatic that the case had nothing to do with forgery of tax documents.

He further explained that in the suit before Justice Abang, Dr. Ogah was the plaintiff while Dr. Ikpeazu and Sir Nwosu were the defendants in the suit decided by Justice Abang.

On the contrary, Sir Friday Nwosu was the plaintiff against Dr. Ikpeazu and Dr. Sampson Uche Ogah as defendants in the case decided Justice Ambrose Allagoa.

The court said Sir Nwosu had accused Governor Ikpeazu of alleged forgery or falsification of tax certificate and  receipts for 2011, 2012, 2013 and 2014 in the case at the Owerri court.

In his judgment, Justice Allagoa ruled that “a mere nebulous averment is not enough for the purpose of pleading the crime of forgery.”

The Judge, the Court said in the statement, further ruled that “forgery is a criminal offence and must be proved, which the plaintiff failed to do.”

It 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.”

On the other had, Ogah had alleged in the suit before Abang that Dr. Ikpeazu submitted form CF001 to INEC which were alleged to contain false information.

“The court held that the information in Form CF.001 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 the Certificate of Return accordingly.”

The Court said it decided to make the clarification 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.”