Abia State Governor Okezie Ikpeazu
A Federal High Court in Abuja has removed the Abia
State governor, Dr Okezie Ikpeazu, on the grounds that
he included false information in his tax clearance
certificate.
In his place, the court has directed that the first
runner-up in the primary election of the Peoples
Democratic Party (PDP), Sampson Uchechukwu Ogah,
should be issued the certificate of return by the
Independent National Electoral Commission (INEC) and
be sworn-in as governor.
<!-more->
In his ruling, yesterday, Justice Okon Abang held that
Ikpeazu was not qualified to contest the primary
election of the PDP, which held on December 8, 2014,
because he made false declaration in his INEC Form
CF001 containing information of his tax certificate and
personal income tax payments (P.A.Y.E.).
Meanwhile, INEC has said that it would respect the
court judgment.
Responding to a text message, the Deputy Director of
Communication of the electoral umpire, Mr. Nick
Dazang, said, “I’ve read the judgment. INEC as a law
abiding commission will comply.”
But one of the defence counsels, Val Offia, said the
judgment was full of errors which will be challenged at
the appeal court.
While delivering judgment on two separate pre-election
suits filed by Ogah and two indigenes of the state -
Obasi Uba Ekeagbara and Chukwuemeka Mba - Justice
Abang said, “Ikpeazu perjured when he swore that he
has completed the necessary requirements of the law.
“He has himself to blame here. He ought not to have
declared that he fulfilled the requirements of Article
14(a) of Part IV of the PDP Electoral Guidelines for
Primary Elections and Section 87(4) (B) of the
Electoral Act, 2010, when he has not qualified to
participate in the primaries of 8th December, 2014,” he
said.
Thejudge identified seven “clear evidences” of
discrepancies in the governor’s tax records, and
questioned why tax clearance certificate for three
years: 2011, 2012 and 2013 were paid in one day.
The judge noted that the receipt for one of the tax
certificates bore the date of December 31, 2011, which
was a Saturday, saying: “I am aware that the staff of
the department in Abia State cannot work on Saturday.”
Ogah, through his counsel, Alex Izinyon (SAN), had
contended that the information submitted to INEC in
Form CF001 as it relates to the Abia State Primary
Education Board Testimonial number: 194192 was
false.
Ogah had challenged the authenticity of the governor’s
Income Tax Clearance Certificate with reference
number: SPA/HQ/2437, serial number: 095827 showing
payment of his income tax for year 2011, 2012 and
2013; the state Pay As You Earn (P.A.Y.E.) receipt no:
ITR 0012846 dated 31/12/12; and the P.A.Y.E. with
receipt number 31/12/13.
However, in their submissions, defence counsels,
Adegboyega Awomolo (SAN), Onyechi Ikpeazu (SAN)
and Val Offia, told the court that the documents were
produced in error because as a former government
employee, having served as 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, the governor’s tax were deducted at
source.
After the judgment, Ogah’s counsel, Alex Izinyon II,
said the law office will immediately apply for the
enrolled order of the court to effect the necessary
service on the parties for compliance, maintaining that
the judgment was explicit that his client should be
returned as the winner of the election.
Speaking on the development, Yusuf Ali (SAN)
described the verdict as very fundamental, adding that
the parties and their counsels know exactly what to do
and how to go about it.
However, the Chief Press Secretary to the governor,
Enyinnaya Apollos, in a statement said the governor
has appealed to the citizens for calm over the ruling of
the Federal High Court.
“Dr Ikpeazu maintains that he remains the governor of
the state according to law and will await the final
determination of the matter by the appellate courts,”
he said.
No comments:
Post a Comment