Thursday, 30 June 2016

Tension in Abia State: INEC certifies Uche Ogah, Gov ikpeazu fights back.


• Electoral commission justifies issuance of certificate of return, PDP, others cry foul
Tension enveloped the sleepy state of Abia on Thursday when the Independent National Electoral Commission (INEC) complied with the ruling of a Federal High Court, Abuja, on Monday, which removed Dr. Okezie Ikpeazu as the governor of the state, by issuing a certificate of return as the duly elected governor of Abia State to Sampson Uche Ogah, who came second in the Peoples Democratic Party (PDP) primary that produced the governorship candidate to contest the April 2015 election.
The Abuja Federal High Court, in a pre-election matter, had declared Ikpeazu’s election as the governor of Abia State null and void on the grounds that he allegedly submitting falsified tax returns to INEC in the run up to the governorship election.
The court, presided over by Justice Okon Abang, ruled that Ikpeazu was not fit to contest the 2015 governorship election on account of his faulty tax returns.
Consequently, Ogar was adjudged by the court as the rightful candidate of the PDP in the election, having come second behind the ousted governor.

However, Ikpeazu immediately challenged the judgment of the Federal High Court by proceeding to the Court of Appeal, thus leaving the impression that he would remain in office until the judicial process challenging the validity of his candidacy had run its course.
But a state of confusion pervaded Abia yesterday as Ikpeazu fought back to prevent Ogah, who flew into the state capital, Umuahia, from being sworn in as governor after INEC had issued a certificate of return to him.
The embattled governor on receiving information that he was about to be unseated, rushed to an Abia High Court, sitting in Osisioma Ngwa, and obtained an ex parte injunction restraining his opponent from being sworn in.
Based on the ex parte motion moved by the counsel to the governor, O.O. Nkume, the presiding judge, Justice C.H Ahuchaogu gave the order restraining INEC from issuing the certificate of return to Ogah while the state chief judge or any other judicial officer in the state was also restrained from swearing him in.
In the application, Ogah was listed as first defendant, INEC as second defendant, and the chief judge of Abia state as third defendant.

A copy of the order read: “It is hereby ordered: That an order of injunction is hereby made restraining the second defendant (INEC) from issuing a certificate of return to the first defendant (Ogah) while the claimant (Ikpeazu) remains in office in accordance with Section 143(1) and (2) of the Electoral Act, 2010 (as amended) and pending the determination of the motion on notice.”
It is further ordered: “That the third defendant or any other judge of the court or any judicial officer are hereby restrained from swearing in the first defendant while the claimant remains in office in accordance with Section 143(1) and (2) of the Electoral Act, 2010 (as amended) and pending the determination of the motion on notice.”
Also, in an ex-parte order, the court restricted INEC from issuing a certificate of return to Ogah, stating: “An order of injunction restraining the second defendant from issuing a certificate of return to the first defendant while the claimant remains in office in accordance with Aection 143(1) & (2) of the Electoral Act 2010 (as amended) and pending the determination of the motion on notice.
“An order of injunction restraining the third defendant (Chief Judge of Abia State) or any other judge of the court, or any judicial officer from swearing in the first defendant while the claimant remains in office in accordance with Section 143(1) & (2) of the Electoral Act 2010 (as amended) and pending the determination of the motion on notice.”
Ikpeazu Panics
According to sources in the state, Ikpeazu was scared stiff when information filtered in that INEC had issued Ogah with the certificate of return which authorised his opponent to displace the governor from Government House, Umuahia.
He was billed to take the first slot to speak as an eminent lecturer in the maiden edition of Eminent Persons Lecture series of the Abia State University Uturu (ABSU).
The stage was already set for Ikpeazu to be ushered into the university auditorium to deliver the lecture titled “Socio-cultural Diversity and Economic Development in Nigeria: Challenges and Prospects”, when word filtered in that his governorship was in jeopardy.

The governor was already within the premises of ABSU and it was being announced that the governor would “any moment from now” enter the auditorium, when government officials who were already seated, started leaving the venue.
It was gathered that the governor’s convoy turned back and headed back to Aba when he got wind of what had transpired at the INEC headquarters in Abuja and the implication for his mandate.
Also, in order to forestall a break down of law and order, the police immediately stepped up security around Abia Government House in Umuahia.

The News Agency of Nigeria (NAN) reported that the news of the issuance of the certificate of return to Ogah, which filtered into the state around noon, caused anxiety among residents of Umuahia.
At the city centre, popularly called Isi-gate, some traders, tricycle riders and passersby expressed support for the development.
The situation, however, was different at the Government House, where political office holders were seen moving hurriedly out of their offices, while workers simply watched.

INEC Justifies Ogah’s Certification
However, while confirming the issuance of the certificate of return to the new governor-elect, the INEC National Commissioner in charge of the South-east, Chief Lawerence Nwurukwu said that the commission did so in compliance with the court order which ordered it to issue the certificate to Ogah with immediate effect.
Nwuruku, who addressed journalists at the Sheraton Hotel in Abuja, venue of the stakeholders’ meeting convened to review positions on the suspended re-run elections, said that as the NEC Commissioner in charge of the South-east, he personally issued the certificate to return to Ogah as Abia governor-elect of Abia.
According to him, the presentation of the certificate of return was performed early yesterday morning at INEC’s headquarters after due interpretation of the court judgment and consultations with the relevant units of the commission.
“The situation is we are simply obeying the court order. The court said with immediate effect, we should issue him certificate of return, and that is what we have done.

“If the court tomorrow issues another order, we will obey the same. By the grace of God I am the INEC Commissioner in charge of South-east. I will do the same thing if the court orders us to issue the certificate to another person.
“In this case, the court ordered us to issue the certificate to the person who won the election and that is Uchechukwu Ogah. I was the person who issued the certificate of return to Governor Ikpeazu because he was declared winner of the election then. Now the court is saying otherwise.

“One thing is that, we are not above the law and we cannot disobey the law of the land. After the court, another person we obey is God. And my conscience is my God. If you were in the court that day and I will urge you, members of the media to go and study the court decision very well. It was wonderful, it was direct,” he said.
Nwurukwu noted that as I as law abiding institution, neither the commission nor himself would want to flout the orders of the court, adding that he was ready to be dragged to jail for not obeying court order.

Ogah Arrives Abia, Forced to Wait
Meanwhile, Ogah who arrived Abia immediately after he was issued the certificate of return, declared that it was the dawn of new beginning and a fresh breath of air for the entire people of the state.
He stated this yesterday at the Sam Mbakwe International Airport, Owerri, on his arrival from Abuja en route to Umuahia, adding that the people of Abia had been celebrating following his declaration by the court as the duly elected governor of the state.

According him, “The entire people of Abia state have been celebrating because it is the dawn of new beginning and a breath of fresh air and that is why there are wild celebrations by the people of the state here at the airport because they know it is going to be a new and better deal for all Abians.”
Ogah, who was flanked by his wife and his supporters, said: “I have been issued with the certificate of return by the chairman of the Independent National Electoral Commission (INEC) as the lawfully and duly elected governor of the state in the 2015 governorship polls in Abia State.
“I want to assure the people of the state that this is a new dawn of a better future for all.”
He added: “By the grace of God, I will be sworn in as the governor today or tomorrow.”
However, when Ogah eventually arrived Umuahia, he did not head for Government House. It was gathered that he went to the state office of the Department of State Service (DSS) for undisclosed reasons.

Irrespective of his failure to assume the mantle of leadership in the state yesterday, Ogah through his media adviser, Monday Ubani said that the injunction obtained by Ikpeazu could not invalidate his certificate of return, as it came from a subordinate court to the Federal High Court that ordered his swearing in.
He maintained that the state High Court which granted the injunction lacked the locus to do so, adding that only an Appeal Court could grant such injunction.
He also said the appeal filed by Ikpeazu at the Court of Appeal could not be considered a stay on the judgment of Justice Abang.

Ogah urged the chief judge and all concerned to respect the ruling and allow him to immediately take over the reigns of leadership so as to move the state forward.
Ubani said: “The Federal High Court of Abuja presided over by Justice Okon Abang ordered Dr. Okezie Ikpeazu to vacate his seat for Mr. Uche Ogah as the rightful person for the seat.
“INEC was ordered to issue the said Ogah with a certificate of return which that body has complied with.

“The next order that was issued by the Federal High Court was for the Chief Judge of Abia to swear in Uche Ogah, the rightful person to occupy the governor’s seat. That order is yet to be complied with.
“I understand that a High Court in Osisioma Ngwa, the axis where the governor hails from, has issued an interim order restraining the Chief Judge from swearing in Uche Ogah as the governor of the state. The point must be made that this order cannot stand, as it is invalid in law.

“The order did not emanate from a higher court but from a court of coordinate jurisdiction and does not in any vitiate or invalidate the earlier judgment of the Federal High Court in which the Chief Judge of Abia State was ordered to swear-in Uche Sampson Ogah.
“Only a higher court, in this case, the Court of Appeal, has the jurisdiction to reverse the judgment of the Federal High Court.

“Note also that appeal of Dr. Okezie Ikpeazu before the Court of Appeal does not operate as a stay over the judgment of Justice Okon Abang. In the absence of any express order of the High Court or the Court of Appeal ordering a stay of execution, the judgment of the Federal High Court delivered on the 27th of June, 2016 should be obeyed by all the parties.”
Abia PDP Cries Out
Reacting to the latest turn of events, the Abia State chapter of the PDP, which is controlled by Ikpeazu, yesterday raised the alarm, stating that Nigeria’s democracy was under threat and “endangered by those who do not believe in the rule of law”.
The chairman of the party, Chief Johnson Onuigbo expressed the party’s concerns at a news conference in Umuahia, saying that events following the judgment given by Justice Abang.
Onuigbo held the view that in order to install Ogah as governor, plans had been concluded to ignore the court injunction and send the military to invade Abia last night, adding that tension had enveloped Abia State.
He accused the presidency and the ruling party All Progressives Congress (APC) of being behind the plot to cause confusion in Abia.

He said: “We are here to tell the world that there is tension in the state because democracy is going to be raped and we say no to this plot. We are here to tell you that Abia is not safe. The state is going to be invaded this night by the military. But we will resist any attempt to undermine the peace in Abia state.”
The party chairman warned that if Ogah and those behind him ignored the court injunction the party would call for anarchy in the state, adding: “And we will give it to them.”

“We are ready to die in defence of democracy,” Onuigbo vowed.
According to him, Abia has been a peaceful state but there were serious attempt to cause anarchy in the state and called on every lover of peace and democracy to rise up to condemn the unravelling events.

He regretted that Ogah had rebuffed “several efforts made by the party for him to sheathe his sword and let sleeping dogs lie”, adding that he remained “obstinate and continued to perfect his plan to become governor through undemocratic means”.
“I’m surprised that he (Ogah) could be deceitful,” he said.

Also, when contacted to comment on the turn of events in Abia, the former governor of Anambra State Peter Obi, said that in very sensitive cases like this, all due legal means should be completely exhausted.
He further submitted that the outcome of the decision of the final court will be required for any institution or organisation to take action “for the sake of our nascent democracy, peace and stability of Abia State and our dear country Nigeria”.

Similarly, a constitutional lawyer, Mr. Sebastine Hone (SAN), faulted the decision of INeC to issue a certificate of return to Ogah based on the judgment of the court, which removed Ikepazu as governor.
Hon, who has written many books on the constitution, said INEC was wrong. He said: “INEC can’t do that since it has been served with the application for a stay of execution and a notice of appeal. The commission is wrong.

“If it is true that INEC has issued a certificate of return inspite of been served with a notice of appeal and the motion on notice for stay of execution by the governor’s legal team, that is most unfortunate.
“The certificate of return issued to Ogah is null and void because it is issued contemptuous of the powers of the Court of Appeal over this matter.

“It should not be recognised by any law enforcement agent for the purpose of enforcement of the terms of the said certificate of return.”
He called on President Muhammadu Buhari, the Attorney General of the Federation and the acting Inspector General of Police to respect the rules of law and therefore to disregard with immediate effect the purported certificate of return issued to Ogah.

Stalemate in Abia over clash of governor and new governor elect.

I will return N400m Dasuki's cash to EFCC because I support Buhari's anti-corription war - Olisa Metuh.


National Publicity Secretary, PDP, Chief Olisa Metuh

A former National Publicity Secretary of the Peoples Democratic Party, Chief Olisa Metuh, has said he is in support of the President Muhammadu Buhari’s anti-corruption war.
He stated that he was in search of money to return to the Federal Government the N400m he was paid by the regime of former President Goodluck Jonathan for image laundering.
Metuh is currently being tried by the Economic and Financial Crimes Commission for allegedly collecting the sum from the office of the former National Security Adviser, Col. Sambo Dasuki (retd.).
The N400m was alleged to be part of money meant for the purchase of arms to wage war against insecurity in the North-East.
Metuh, in a statement by his lawyer, Mr. Onyechi Ikpeazu (SAN), in Abuja on Thursday, said he was ready to refund the money.
The statement was titled, ‘Why our client (Chief Olisa Metuh) is offering to return the N400m – Counsel’.
Metuh said his earlier proposal to return the N400m released to him by Jonathan, was because he did not know where the money came from.
The statement added, “We want to restate that at the time the money was released to him after his presentation to the ex-President, our client had no knowledge of the source, a fact that is now obvious from the evidence of the prosecution and the defence witnesses.
“Our client had every cause to believe that the money was from the ex-President to whom he made presentation, received directives and rendered report and accounts accordingly.
“When the matter first came up and Metuh was invited to the Office of the National Security Adviser in December, 2015, he requested to know the source of the money and expressed his readiness to make refunds if it was from the government coffers, not minding that the money had been expended as directed by the former President.
“Officials at ONSA never got back to him as they promised until his arrest by the EFCC in January, 2016.”
He stated that it was during his prosecution that he got to know the source of the fund.
“It was however while in court that a document was brought regarding the source of the money and since then, our client has made manifest his willingness to return the money and has indeed approached his family, friends and associates to mobilise funds to return the entire N400m to the government regardless of the fact that the money had been expended based on the directives of the former President and that part of the money had been recovered from one of the prosecution witnesses,” the ex-PDP spokesman said.
Metuh explained that since then, he had been in talks with the Ministry of Justice, the EFCC and other necessary bodies on how to refund the money and resolve the issue.
“His returning the money therefore goes to show his support for the anti-corruption war as well as serve as a testament to his sincerity, integrity and honesty in this matter,” the statement added.
He said he would always support the anti-corruption war of the government.

Federal government declares Tuesday,Wednesday as public holiday to mark Eid-el -Fitri celebration.

Minister of Interior, Lt. Gen. Abdulrahman Dambazau (retd.)

The Federal Government has declared July 5 and 6, 2016, as public holiday to mark the Eid-el-Fitri celebrations.
The Minister of Interior, Lt. Gen. Abdulrahman Dambazau (retd.), who made the declaration on behalf of the Federal Government, on Thursday in Abuja, urged all Muslim faithful and Nigerians in general “to extend the spiritual benefits of Ramadan, which are love, peace and justice to their daily living and through these, contribute to the development of the nation.”
A statement by the Permanent Secretary, Ministry of Interior, Bassey Akpanyung, said Dambazau also urged Nigerians to use the opportunity of “this spiritual rejuvenation to reflect on the imperative of unity and peaceful co-existence in strengthening the bond of togetherness for a strong and virile nation.”
The minister, while wishing Nigerians a peaceful celebration, urged total support for President Muhammadu Buhari’s avowed determination to bequeath to the nation an enduring political legacy.

$2.29m properties: You have case to answer - Court tells Ex-governor Ikedi Ohakim.

Former Governor of Imo State, Ikedi Ohakim
A Federal High Court in Abuja has ordered a former Governor of Imo State, Mr. Ikedi Ohakim, to open his defence to charges of money laundering instituted against him by the Economic and Financial Crimes Commission.
Justice Adeniyi Ademola made this order in a ruling on Thursday after dismissing the no-case submission filed by the former governor, who had claimed that the evidence, led by the prosecution to prove its case, had established no prima facie case against him.
The EFCC on July 8, 2015, arraigned Ohakim, who was Imo State Governor between 2007 and 2011, on three counts of money laundering.
The prosecution accused Ohakim of purchasing a property at 60 Kwame Nkrumah Street, Plot 1098, Cadastral Zone A04,  Asokoro District, Abuja, with cash payment of $2.29m, which was said to be dollar equivalent of N270m in November, 2008.
The offence is said to be contrary to Section 1 of the Money Laundering (Prohibition) Act 2004 and punishable under Section 15(1)(d) of the same law.
The former governor was also accused of attempting to conceal the ownership of the property by entering into an agreement as a tenant in the property.
The offence is said to be contrary to and punishable under Section 14(1b) of the Money Laundering (Prohibition) Act.
Ohakim was also accused of failing to declare the property as part of his assets when asked by the EFCC to do so in January, 2014, thereby allegedly committing an offence under Section 27(b) and (c) of the EFCC Act and punishable under the same section.
After the prosecution closed its case with six witnesses and tendering of documentary evidence as exhibits on May 5, 2016, the defendant, through his counsel, Awa Kalu (SAN), indicated his intention to file a no-case submission.
He contended that ýthe prosecution’s evidence had failed to link him (Ohakim) to the commission of the alleged crimes.
He filed the no-case submission in line with provisions of Section 303 of the Administration of Criminal Justice Act 2015.
Had the application succeeded, it would have ended the trial.
But Justice Ademola, in his ruling on the no-case submission on Thursday, held that contrary to Ohakim’s claim, the evidence, led by the prosecution, had established a prima facie case warranting the former governor to open his defence.
The court adopted the sole issue formulated by the prosecuting lawyer, Mr. Festus Keyamo, as to “whether the prosecution has made out a prima facie case so as to warrant the defendant to enter his defence.”
Justice Ademola answered the question in the affirmative and resolved it against the defendant.
The judge said after reviewing the processes filed by parties to the case with respect to the no-case submission, their lawyers’ oral submissions and judicial authorities on principles, which guide such application, it was clear that Ohakim had case to answer and must have his day in court.
He added, “I need to add nothing more but to state that after applying these settled principles of law coupled with several well known cases, some of which counsel cited before the court as well as reviewing the oral and documentary evidence adduced by the prosecution, a prima facie case has been made out against the defendant, necessitating him that the court will call upon him to defend himself and have his day in court in respect of these criminal charges.
“From the foregoing, the defendant no-case submission application fails and it is dismissed by this court.”
 The judge fixed October 10 and 13 for Ohakim to open his defence.

Ibrahimovic confirms Manchester United switch.

Court to INEC: Recognize only Sheriff's candidates in Edo and Ondo primary election.

Court to INEC: Recognize Sheriff's candidates in Edo, Ondo
PDP National Chairman, Ali Modu-Sheriff
A Federal High Court in Abuja on Thursday restrained the Independent National Electoral Commission (INEC) from accepting list of candidates for the governorship elections in Edo and Ondo from other leadership of the Peoples Democratic Party (PDP) except form the Ali Modu Sheriff-led National Working Committee (NWC).
Justice Okon Abang in a ruling also granted an order of interlocutory injunction restraining INEC, the PDP and their agents from dealing with or according any facility required by law (regarding the gubernatorial elections to be conducted by INEC in Edo and Ondo states) to any other persons or group other than the Sheriff, Prof. Wale Oladipo and Fatai Adeyanju -led NWC of the party
The judge directed INEC and the PDP and their agents to “recognize, deal with and accord all facilities required by law on the Sheriff group.
Justice Abang further directed INEC and the PDP to “reject and ignore any activity (including primary elections/congresses for the nomination of candidates for the gubernatorial elections in Edo and Ondo states, purportedly conducted on behalf of the 2nd defendant (PDP) by any other persons or group of persons other than the Sheriff group.
The judge said the interlocutory orders are to subsist pending the determination of the substantive suit marked: FHC/ABJ/CS/439/2016 filed by two governorship aspirants of the PDP in Edo and Ondo States – Chief Benson Akingboye (Ondo) and Ehiozuwa Johnson Agbonayinma (Edo).

Court to INEC: Recognize only Sheriff's candidates in Edo and Ondo primary election.

Court to INEC: Recognize Sheriff's candidates in Edo, Ondo
PDP National Chairman, Ali Modu-Sheriff
A Federal High Court in Abuja on Thursday restrained the Independent National Electoral Commission (INEC) from accepting list of candidates for the governorship elections in Edo and Ondo from other leadership of the Peoples Democratic Party (PDP) except form the Ali Modu Sheriff-led National Working Committee (NWC).
Justice Okon Abang in a ruling also granted an order of interlocutory injunction restraining INEC, the PDP and their agents from dealing with or according any facility required by law (regarding the gubernatorial elections to be conducted by INEC in Edo and Ondo states) to any other persons or group other than the Sheriff, Prof. Wale Oladipo and Fatai Adeyanju -led NWC of the party
The judge directed INEC and the PDP and their agents to “recognize, deal with and accord all facilities required by law on the Sheriff group.
Justice Abang further directed INEC and the PDP to “reject and ignore any activity (including primary elections/congresses for the nomination of candidates for the gubernatorial elections in Edo and Ondo states, purportedly conducted on behalf of the 2nd defendant (PDP) by any other persons or group of persons other than the Sheriff group.
The judge said the interlocutory orders are to subsist pending the determination of the substantive suit marked: FHC/ABJ/CS/439/2016 filed by two governorship aspirants of the PDP in Edo and Ondo States – Chief Benson Akingboye (Ondo) and Ehiozuwa Johnson Agbonayinma (Edo).

Court remands ex-governor Umaru Fintiri of Adamawa State in prison.