Despite Thursday’s award of a certificate of returns to Uche
Ogah, Okezie Ikpeazu — the man who was “disqualified” from office by an
Abuja-based federal high court — says there should be no confusion about who is
governor of the state.
Speaking through Enyinnaya Appolos, his media aide, after
Ogah received a certificate of return from the Independent National Electoral
Commission (INEC), Ikpeazu urged his supporters to remain calm, saying: “I am
still the governor of Abia state.” “I have received with concern, report of the purported
issuance of Certificate of Return to Mr. Uche Ogah by the Independent National
Electoral Commission (INEC), as governor of Abia State, despite the pendency of
a notice of appeal and motion for stay of the execution of the orders made by
Justice Okon Abang of the Federal High Court, Abuja,” read the statement.
“Our laws are clear on this matter. No one may be issued
with a certificate of return let alone be sworn in as governor, when there is a
subsisting appeal and application for stay.
“I want to appeal to Abians to remain calm and law abiding
in the face of this provocation. Unless and until the appellant courts have
conclusively resolved the appeal, the status quo remains; I am still the
Governor of Abia State.”
Earlier on Wednesday, Ikpeazu had filed an appeal against
Monday’s judgment. In a notice of appeal filed by Adegboyega Awomolo (SAN), he
raised five grounds of appeal upon which he asked the court of appeal to set
aside the judgment and orders of the high court.
The notice of appeal reads: “The trial judge erred in law
when he ordered as a consequential order that the appellant vacates his office
as the Governor of Abia state immediately when there was no jurisdiction in the
Federal High Court to remove, vacate the occupier of the office of the governor
of a state or order the removal of such officer after the unsuccessful
challenge of the result of the election at the Tribunal and swearing in of the
appellant as the governor.”
He said that the only power, authority and order exercisable
by the federal high court was to disqualify the candidate from contesting the
election based on section 31(6) of the Electoral Act 2010.
He also faulted the judge when he held that he did not pay
his tax for the years 2011, 2012 and 2013, when due, when he was a public
officer whose tax deduction was under Pay As You Earn (PAYE) scheme where tax
deductions were from the source of his monthly salary by the tax authorities
who issued all the tax receipts and certificates.
He said the Abia state board of internal revenue services
that issued him with the tax certificates had not declared the certificates
forged and that the trial court did not invite the issuing authorities to give
evidence in the course of the trial.
He argued that Ogah was not a staff of the Abia board of
internal revenue and did not invite any staff of the board to testify that the
tax certificates were forged.
He accused the trial judge, Abang of violating his right to
fair hearing by embarking on judicial investigation without giving him the
opportunity to address the court on the issue.
The notice of appeal also states: “The learned trial judge
erred in law when he held that the appellant presented false information to the
Independent National Electoral Commission by his ingenous meticulous study and
investigation of documents filed in courts in the recess of his chambers and
thereby violated the right of the appellant to fair hearing.”
Similarly, his party, the Peoples Democratic Party (PDP),
also rejected the judgment and filed a separate appeal.
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