IKPEAZU REMAINS DEFEATED IN HIS GOVERNORSHIP BID

Legal DRAMA: Ikpeazu stays sacked as Gov 

— FHC Owerri By Anayo Okoli, Chidi Nkwopara, Abdulwahab Abdulah and Ikechukwu Nnochiri Abia State governorship emergency turned sensational yesterday as two divisions of the same court gave clashing requests on the destiny of the beset Governor Okezie Ikpeazu. While a Federal High Court Abuja which had on June 27 sacked the senator from office held that he stayed sacked until a higher court chooses something else, another Federal High Court sitting in Owerri, Imo state decided that Ikpeazu was legitimately chosen and he hence remains the representative. Strikingly, both courts depended on the same duty receipts introduced before them by Governor Ikpeazu which was charged to have been produced. Government High Court, Abuja Justice Okon Abang and Governor Okezie Ikpeazu At the continued listening to yesterday of the suit testing Ikpeazu's qualification to challenge the primaries of the Peoples' Democratic Pary, PDP recorded by Mr Uche Ogah, Justice Okon Abang of the Federal High Court in Abuja, declined to hear an application for stay of execution of the June 27 judgment that sacked Governor Okezie Ikpeazu from office. The Judge said he no more had ward to choose Ikpeazu's application for stay of execution since the Abuja Division of the Court of Appeal is now seized with truths of the case. Thus, he coordinated both Ikpeazu and the recipient of the judgment, Mr. Uche Ogah, to go to the investigative court for the determination of the governorship logjam in Abia State. Equity Okon Abang had on Monday, deferred to hear the movement and in addition to choose whether or not he has the forces to set aside the ex-parte request by a High Court in Abia State that ceased the Chief Judge of the state from swearing in Mr. Ogah as representative. All the more along these lines, Justice Abang said he would likewise choose the value of an oral application by Ikpeazu's lead counsel, Chief Wole Olanipekun, SAN, for it to set aside the Certificate of Return the Independent National Electoral Commission, INEC, issued to Ogah. The Judge was to likewise figure out if the procurements of Section 143(1) of the Electoral Act connected to the judgment he conveyed against Ikpeazu on June 27. The court had at the last suspended date, rejected as ailing in legitimacy, an Justice Okon Abang and Governor Okezie Ikpeazu application that looked to void the enlisted request of the judgment. Equity Abang noted yesterday that both Ikpeazu and Ogah yielded to the presence of another movement for stay of execution in the witness of the redrafting court. The court said there was nothing for it to stay subsequent to INEC had effectively executed the request it made on June 27 by issuing Certificate of Return to Ogah as it was coordinated to do. Likewise, the court declined an application for stay of execution of the judgment which was documented by the Peoples Democratic Party, PDP. Equity Abang said Ikpeazu's sack stayed legitimate until it is put aside by a higher court. "The request of the court subsists until put aside by the Court of Appeal.Therefore, the INEC legally issued Certificate of Return to Mr Uche Ogah as it was in accordance with the judgment of this court", the judge held. Ikpeazu's legal counselor, Olanipekun, SAN, had asked the Judge to hands-off the matter and transmit the records of the procedures to the investigative court. In any case, Ogah's lead counsel, Dr. Alex Iziyon, SAN, while conceding that the redrafting court has seized ward of the matter, asked the court to govern on pending applications before it, particularly on asserted misuse of court procedure by Ikpeazu. Iziyon told the court that Ikpeazu went and acquired a limiting request from another high court at Osisioma in Abia State that kept Ogah from being confirmed as representative. He focused on that Ikpeazu got the limiting request from the Abia court when his movement for stay of execution was at that point pending in the witness of the court in Abuja. Ogah blamed Ikpeazu for falling back on "self improvement". Notwithstanding Iziyon's entries, Justice Abang declined to step on the matter, even as he guided both sides to go and ventilate their grievances at the re-appraising court. Equity Abang had in his judgment, requested Ikpeazu to clear his office, even as he coordinated INEC to promptly issue a crisp Certificate of Return to Ogah who came next in the December 8, 2014, gubernatorial essential decision of the PDP. Despite the fact that INEC had following issued Certificate of Return to Ogah, in any case, another court in Abia State controlled the Chief Judge from swearing him in. Government High Court, Owerri The suit testing Ikpeazu's race at Federal High Court sitting in Owerri, was recorded by a third inquirer to governorship seat, Chief Friday Nwosu. Nwosu had, in his accommodation, encouraged the court to hold that the duty receipts and the Tax Clearance Certificate, exhibited to the Independent National Electoral Commission, INEC, by Ikpeazu were fashioned. Aside from different supplications, the offended party similarly asked the court to hold that having fashioned his assessment papers, Ikpeazu was not qualified to remain for gubernatorial race. Conveying the more than two hours judgment, Justice A. Lewis Allagoa said that the offended party did not lead any proof to demonstrate that the duty archives he depended on, were fashioned. "The third litigant (Governor Ikpeazu), was not the producer of the report. It was fairly made by the Abia State Board of Internal Revenue, a body corporate set up for evaluating and gathering charges for the state", Justice Allagoa said. While concurring with the entries of direction to the People's Democratic Party, PDP, and INEC, Dr. Livy Uzoukwu (SAN) and Jude T.U. Nnodum (SAN) separately, Justice Allagoa said that a top authority of the Board of Internal Revenue had given oral confirmation such that the records were not manufactured. "There is no confirmation from the Abia State Internal Revenue Service, depended on by the offended party, demonstrating that those duties were not paid as appeared in the records or by other demonstration of mistake. The offended party, somewhat, refreshed on his ipse dixit in announcing the reports a fabrication and, boldly, has requested that the court affirm his position", the court said. Equity Allagoa additionally adjusted his idea to that of Nnodum when he held that "by claiming that the third litigant (Ikpeazu) introduced produced or false reports to the second respondent (PDP), the offended party has attempted the weight of demonstrating the assertion past sensible uncertainty". The court additionally concurred that what the offended party has done for this situation "is to accumulate reports and convey them to court with his own particular translation of their substance", including that the offended party has by his own particular appearing, uncovered that Ikpeazu was a Pay as You Earn citizen in the occupation of Abia State Government. "I hold that the Tax Clearance Certificate and receipts were not produced. Having so held, the various reliefs looked for by the offended party are therefore released. The position of the Governor of Abia State, stays as it may be", Justice Allagoa said. Abia State High Court, Osisioma Meanwhile, an Abia State High Court in Osisioma has likewise allowed a movement recorded by Ikpeazu for expansion of request halting the swearing-in of Mr Uche Ogah as the representative till July 18. An announcement from Mr Enyinnaya Appolos, the Chief Press Secretary to the senator, said on Friday that the court managed by Justice C.H. Ahuchaogu allowed the movement for expansion of request limiting the Chief Judge of Abia State from swearing in Uche Ogar as senator. It likewise controlled the Customary Court of Appeal and some other legal officer from playing out the capacity. Ikpeazu responds Reacting to the judgment conveyed by the Federal High Court Owerri while tending to his supporters, troubled Governor Okezie Ikpeazu depicted the court decision as "huge and essential". He said, "this triumph is especially critical and noteworthy to us in light of the fact that the matter that was chosen in Owerri today is on all falls with the one that we are doing combating at Abuja. Definitely, my preparation advises me that the educated Judge proclaimed that my expense papers were bona fide and great, he likewise pronounced that I was qualified to challenge the governorship decision that was hung on the eleventh and 25th of April, 2015 and that the assertion of INEC which consequently cumulated in my swearing-in services that I remain the legislative leader of Abia State. "This triumph is a triumph for light over dimness, it is a triumph of good over malice, it is a triumph for establishing fathers and darlings of Abia State, it is a triumph for value and Justice; it is likewise triumph for the Nigeria Judiciary", Ikpeazu said. Expressing gratitude toward God for the way the judgment had gone to support him, the representative restated his before position that the endeavor to expel him was similar to Coup d'état. "It was an astute plot intended to acquire a usurper through the window, however our God of equity who never shows signs of change that spoke in April a year ago talked through the tribunal to the Supreme Court has done it again. We are sure that triumph will keep on following us to the transcendence of God with the goal that we will be enabled to serve our kin". Calling for peace and backing of all Abia individuals, Ikpeazu: "I would not need a broke down State under my supervision; I would do everything under my forces to ensure that Abia State stays one in number, joined family. "We know about the detestable endeavors by a few people, we know that a few components inside our limits are excessively driven, we know that a few people might be pressured into plans and outlines that prompted undermine the substance and fabrics that unites us, however I need guarantee such individuals that they will meet with solid resistance and the length of God gives us quality, we will keep on standing for value and equity".

Comments