ENUGU– PRO-DEMOCRACY groups, the
South-East Democratic Coalition (SEDC) and the Abia Progressives Forum (APC)
have called for the intervention of President Muhammadu Buhari and the Attorney
General of the Federation, Abubakar Malami to intervene in the looming anarchy
in Abia state by ordering the immediate swearing-in of Dr Sampson Uchechukwu
Ogah as the Governor of the state in line with the ruling of the Federal High Court,
Abuja.
The groups in separate statements made available to newsmen in Enugu
Tuesday insisted that there are no constitutional or legal hurdles stopping the
swearing in of Ogah moreso when Justice Okon Abang refused to grant a stay
against his judgment of June 27, 2016 in a sister case initiated by group of
PDP stalwarts in Abia state.
Specifically, the SEDC in its statement signed
by its Coordinator, Dr Maduka Okebanama and Secretary, Barr. Eunice Oke noted
that in refusing the Stay of Execution application, Justice Abang ruled that
since the Certificate of Return has already been given to Dr Uche Ogah, he does
not see what to stay anymore in his judgement. They noted that from the present
state of affairs, Ogah is the governor of Abia, “legally speaking, but he must
be sworn in and take his oath of office, declare assets before he can start to
act in that capacity as a governor”. The group therefore appealed to the
president and the AGF to make a categorical statement directing the Chief Judge
of Abia State, Justice Theresa Uzoukwu to swear-in the new Governor to avoid
any further vacuum in the state. They insisted that Dr Okezie Ikpeazu had
ceased to be the governor of the state based on the June 27, 2016 judgement. On
their part, the Abia Progressives Forum in a statement signed by its President,
Hon. Ndu Ahaiwe and Secretary, Okey Adibe wondered why the security agencies
still allowed Ikpeazu to hold sway in the state, noting that “in the eyes of
the law”, he ceased to be ghe governor since June 27th. The group further
explained that the state government under Ikpeazu had continued to turn facts
upside down in the matter between Ikpeazu, Ogah and F.N. Nwosu.
They explained that while the case between
Ikpeazu and Nwosu had to do with alleged “tax forgery”, the issue between
Ikpeazu and Ogah of which judgment had been delivered had to do with the fact
that Dr Ikpeazu gave false information (not falsification, not forgery) of his
tax payments. “In the case of Dr Ogah at Federal High Court, Abuja he did not
allege forgery or tax evasion, he commenced his action under originating
summons after obtaining the documents and affidavits of Dr Ikpeazu in
accordance with S31(4) of the Electoral Act 2010 and his allegation is that the
gubernatorial candidate of PDP, Dr Ikpeazu gave false information(not
falsification, not forgery) of his tax payments. This is in accordance with
Section 31(5-6) of the Electoral Act, 2010 as Amended. Section 87(10) of the
Electoral Act, 2010 as Amended gives a co- contestant right to approach the
court, either federal high court or state high court for a remedy where he or
she finds out that the information disclosed by his or her opponent contains
false information. Now Section 31(6) of the Electoral Act provides that where
the court is satisfied from the evidence presented that the candidate has given
false information as provided in the Act, that candidate is liable to be
disqualified. “Justice Okon Abang of the Federal High Court Abuja examined the
affidavit of Dr Ogah and the counter affidavits of Dr Ikpeazu and found out
that indeed the tax papers of Dr Ikpeazu contained several lies on its face. In
one instance he was alleged to have paid tax when he was not yet employed, in
another instance he was alleged to have been taxed on amount that was not his
annual salary, in another he allegedly paid more than he is supposed to pay.
“There were several other lies on the tax papers. In all these, the three years
tax was paid with one booklet and all in one day! To compound his problems, the
serial number of the tax receipts showed that the beginning of the serial
number was used for the tax receipt of 2013 and that of 2011 was used for the
last serial number, what false information is more than this? “His tax
documents did not indicate that he paid his tax as and when due in accordance
with the Tax laws, the constitution of 1999 Section 24(f) and in accordance
with the Electoral Guidelines of PDP 2014, Articles 13 and 14. As to whether
tax is a constitutional issue, please see S177(c) of the 1999 constitution.
S177(c) of the 1999 constitution as amended provides that a candidate must
belong to a party and must be sponsored by that party. “For a party to sponsor
a candidate for the gubernatorial election, he or she must have fulfilled all
the conditions stipulated in their guidelines including tax payment stipulated
in article 14(a) which provides that if the candidate fails to so do, he or she
shall be disqualified. Therefore tax is constitutional requirement since the
party’s guidelines made provision for it. “Dr Ikpeazu also swore an oath after
disclosing his tax details that the information therein were from him and he
alone should be held responsible for any false or misleading information that
may lead to his being accepted as qualified when he is not. He finally stated
under the same oath that if it is found out that the information disclosed
about his tax payments were false, he should be disqualified. He signed it, and
it was sworn to before a Commissioner of Oath in Aba High Court Registry, Abia
State. “Dr Ikpeazu’s legal team in their counter affidavit got the Board of
Internal Revenue to bring in a letter in which they attempted to rationalize
all these discrepancies, including admitting that these serial numbers were
indeed a mistake! They tried to rationalize the discrepancies in payments by
arguing that he was indeed outside the service for the period of January to
June of that particular year but that he paid tax as a private person. If that
is true, how come in his tax papers they put him under employment of Abia State
from January to December ending of that year. These are false information and
they were not corrected in the documents he submitted to INEC. “The documents
certified by INEC does not contain the after- thought explanation of the Board
which wouldn’t have come from them if not for the discovery that Dr Ikpeazu’s
documents contained false information. Since the Board is appointed by the
government of Dr Ikpeazu would it not be foolhardy to expect a truthful
information from such tainted persons now that Dr Ikpeazu is allegedly in
trouble? By the way, when does a document become correct and accurate just
because the maker say so? If on the face of the document it is a lie, it is a
lie irrespective of what anyone may have to say especially from a known tainted
maker, in this case the Board of Internal Revenue working in Umuahia under Dr
Ikpeazu who cannot be free to disclose truthful information about his tax
papers at least for now until the coast is clear as to who takes over the
governor’s seat. “In any case that information from the Board of Internal
Revenue cannot and will not alter what is already submitted to INEC for which
he was pronounced qualified to participate in the primary election,” the group
explained. It therefore urged the Attorney General of the Federation, Chief
Justice of Nigeria and the inspector General of Police to ensure the orderly
and immediate swearing in of Ogah OON as the next governor of Abia State.
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