The Federal High Court on Friday explained why Justice Okon
Abang ordered the sack of Abia State Governor, Dr. Okezie Ikpeazu. The Court said the judge discovered that Ikpeazu allegedly
submitted false tax information to the Independent National Electoral Commission
(INEC).
Chief Registrar, Emmanuel Gakko, said in a statement that
the judgement had nothing to do with forgery of tax documents and 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.
The statement reads further: “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.”
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