The Abia State Chapter of the Peoples Democratic Party has expressed its support for Mr. Okezie Ikpeazu, who was sacked on Monday as the governor of the state by a Federal High Court in Abuja for alleged falsification of tax receipts.
The party declared that Ikpeazu was validly nominated and elected as the state governor, adding that the PDP would support the governor to exhaust all legal instruments to reclaim his mandate.
The state Chairman of the PDP, Chief Johnson Onuigbo, who spoke with Inner room on the telephone on Monday, said although the party was shocked by the judgment, it would throw its weight behind the sacked governor to win his appeal.
Earlier on Monday, a Federal High Court in Abuja ordered Ikpeazu’s removal from office for giving false information in the form submitted to the Independent National Electoral Commission by the PDP, nominating him as its candidate for the April 11, 2015 governorship election.
In two separate judgments, Justice Okon Abang ordered Ikpeazu to immediately vacate the office of the governor of Abia State.
The judge also directed INEC to issue a fresh Certificate of Return to the plaintiff in one of the two suits, Uche Ogah, who was the first runner-up in the governorship primary conducted by the PDP on December 8, 2014.
He ordered that Ogah’s full entitlements be restored to him as Governor of Abia State.
The judge made the orders after disqualifying Ikpeazu as the candidate of the PDP in the April 11, 2015, governorship election on the basis that he committed perjury by giving false information in the Form 8C001 and documents accompanying it, which he and the PDP submitted nominating him to INEC as the party’s governorship candidate.
The court held that Ikpeazu lied on oath by stating in the Form 8C001 that he had fulfilled all the requirements for qualification to the office of the Governor of Abia State when in actual fact, he failed to produce the evidence of regular payment of his personal income tax in the three years preceding the primary as required under Article 14(a) of the PDP Electoral Guidelines.
The court ruled that all votes credited to Ikpeazu in the primary by virtue of his non-qualification were wasted.
After disqualifying the governor as ineligible to contest the primary, the judge then made a consequential order removing Ikpeazu from office and declaring Ogah as the validly-elected governor of the state.
The judge, citing authorities of the Supreme Court in Obi Vs INEC, Amaechi Vs INEC, Gwede Vs INEC and most recently, Jev Vs Iyortom, held that the Federal High Court, not minding the provisions of Section 141 of the Electoral Act, could declare a candidate, who did not participate in all stages of the election, as winner.
Justice Abang held that the Supreme Court had clarified in the said authorities that Section 141 of the Electoral Act was only applicable to the election petitions tribunal and the Court of Appeal when sitting as the Presidential Election Petitions Tribunal and that the provisions were not applicable to the Supreme Court and the state and Federal High Court in a pre-election case.
He stated, “The following consequential order is hereby made to give effect to the judgment of this court that:
“The plaintiff, Dr. Sampson Chukwu Ogah, is the candidate of the PDP in the 2015 governorship election in Abia State and is the person entitled to the Certificate of Return in the election to the office of the governor of Abia State of Nigeria in the election held on April 11, 2015.
“The third defendant, INEC, is hereby ordered to forthwith and immediately issue a Certificate of Return to the plaintiff, Dr. Sampson Chukwu Ogah, as the Governor of Abia State, Nigeria, for the election held on April 11, 2015, and restore to him all the entitlements as governor of Abia State.
“Dr. Okezie Victor Ikpeazu is hereby ordered to vacate the office as Governor of Abia State immediately, relying on the decisions of Supreme Court in Obi Vs INEC, Amaechi Vs INEC, Gwede Vs INEC and recently, which is the relevant authority that has interpreted Section 141 of the Electoral Act, in the case of Iyortom Vs NEC.”
Justice Abang faulted the argument as canvassed by the PDP, Ikpeazu and INEC in their responses to the suit to the effect that the issue of tax clearance was not part of qualifying or disqualifying requirements under sections 177 and 82 of the constitution.
The judge noted that an aspirant must first meet the qualifying factors under Section 31(5) and (6) of the Electoral Act to become his or her party’s candidate before such a person could be qualified as a candidate in the general elections under sections 177 and 82 of the Constitution.
He held that contrary to the defendants’ position, the provisions of sections 177 and 82 of the Constitution and 31(5) and (6) of the Electoral Act were not contradictory but complementary.
Justice Abang stated, “So, the issue under sections 177 and 82 of the Constitution are separate and distinct from the issues arising from section 31(5) and (6) of the Electoral Act as amended.
“I have not seen any conflict here. The second defendant must meet the requirements of Section 31 (5) and (6) of the Electoral Act as amended.
“The second defendant must meet the requirements of Section 31(5) and (6)of Electoral Act before presenting himself for the general elections before meeting the requirements of Section 177 of the Constitution. I so hold.
“Without complying with Article 14(a) of the PDP Electoral Guidelines, an aspirant cannot qualify to participate in the PDP primary election. I so hold.”
The court held that Ikpeazu was a perjurer for making the false information in the form submitted to INEC.
“The second defendant perjured when he declared in Form 8C001 that he has fulfilled all the requirements for qualification to the office of the Governor of Abia State, where he failed to produce a tax clearance certificate known to law. In effect this constitutes false information.”
“It is hereby declared that Dr. Okezie Victor Ikpeazu, the second defendant, was neither eligible nor qualified to be nominated or participate or take part in the governorship primary election for Abia State conducted by the PDP and officers on December 8, 2014, which the plaintiff, the second defendant and others participated.
“It is hereby declared that Dr. Okezie Victor Ikpeazu not being qualified to be nominated or to participate or take part in the PDP primary conducted on December 8, 2014, is not the aspirant, who scored in law and fact, the highest number of votes cast in the PDP primary election conducted pursuant to section 87(4)(b)(1) and (2) of the Electoral At 2010 as amended and Part 4 Article 14(a) of PDP electoral guidelines 2015.
“It is hereby declared that the votes allegedly scored by Dr. Okezie Ikpeazu in PDP primary election for aspirant to the gubernatorial election to the Abia State on December 8, 2014, are wasted votes, null and void and none of the defendants is entitled to act on the votes credited to Dr. Ikpeazu based on the said PDP primary election, which Dr. Okezie Ikpeazu, ab initio, was and is not qualified to be nominated or participate in the said primary election.
“An order is hereby made declaring the plaintiff, Dr. Sapmpson Chukwu Ogah, the aspirant in the PDP primary election, conducted by the PDP on December 8, 2014, as the aspirant that scored the highest number of votes pursuant to Section 87(4)(b)(1and (2) of the Electoral Act and Article 14(a) of the PDP Electoral Guidelines.”
Reacting to the judgment in a statement, Ogah said, “The process of the liberation of Abia State has just begun and this victory is for the suffering masses of Abia, who have endured misgovernance of God’s state over the years.”
Ikpeazu has meanwhile said he remains the governor of the state despite his removal by the court.
The sacked governor, speaking in a statement by his Chief Press Secretary, Enyinnaya Appolos, on Monday, said he had instructed his legal team to file an appeal against the ruling.
He, however, stated that he had faith in the judiciary and the rule of law, noting that while working as an official in the employ of the state, he filed his tax papers in accordance with laid down rules.
But the state PDP Publicity Secretary, Mr. Don Ubani, stated that Ikpeazu was duly elected in a transparent party primary, which was monitored by INEC.
He stated, “The party is aware that the Electoral Act 2010 as amended does not provide for any candidate who does not participate in an election to be declared the winner of such election.”
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