Dr-Okezie-Ikpeazu
There is confusion in Abia State. Four days ago, a Federal High Court in Abuja deposed the governor, Dr. Okezie Ikpeazu, for tax evasion. The former university don appealed the judgment, claiming that he is still the governor. But, yesterday the man who challenged his victory in court, Dr. Uche Ogah, stormed the Independent National Electoral Commission (INEC) headquarters, Abuja. There, he was given a Certificate of Returns.
Ikpeazu’s appeal is pending at the Court of Appeal. Thus, according to law, the status quoremains, until the case is disposed off by the court. In the eye of the law, he remains the chief executive, until the determination of the substantive case. The puzzle is: is an appeal to a higher tribunal not accompanied by a stay of execution order?
Also, in the eye of the law, Ogah became the governor-elect, following the receipt of the Certificate of Return. The implication is that the certificate issued to Ikpeazu has been statutorily withdrawn. In a state, two people cannot lay claim to an election certificate. Was the INEC hasty in issuing a new certificate to Ogah?
In God’s Own State, as Abia is fondly called, there is a governor and a governor-elect. The governor is struggling to keep his job. In fact, he has assembled a team of lawyers for a renewed legal battle. Ogah is in a celebration mood, eager to be sworn in.
The last governorship election was a subject of litigation for almost a year. The battle shifted from the polling booth to the court, following a case instituted by the All Progressives Grand Alliance (APGA) candidate, Dr. Alex Otti. But, at the Supreme Court, Ikpeazu’s victory was affirmed.
Ogah approached the High Court with prayers over a pre-election matter. He did not allege exclusion from the Peoples Democratic Party (PDP) primary. Neither did he accuse the handlers of the shadow poll of partiality, rigging or malpractices. The plaintiff did not say that he won the primary. His argument was that the winner, Ikpeazu, contested for the ticket in error. The aggrieved PDP chieftain said the governor was not eligible. Thus, a novel case of political right claim has arisen under a difficult situation.
The focus is electioneering, not the election day. Electioneering covers a longer process, between the preparations for nomination, through primary to voting, counting of votes, announcement of results and post-election litigation. The concern is about the process of an election, not about party victory or personal triumph for a candidate. What the judgment of the High Court has brought to the fore is that election starts from the party primary; how it is conducted, the rules guiding the process, the conditions for eligibility and the lawful advantage of revisiting the selection process, even after the general election has been won and lost.
Pre-election matters have shaped the outcome of polls and emergence of winners in some states. In Rivers State, former Governor Rotimi Amaechi, who was wrongly excluded from the primary by the PDP, later reclaimed the mandate from the interloper, Celestine Omehia. The victory of the party was not disputed by the court. In Kogi State, following the inconclusive governorship election, an aspirant who lost at the primary became the candidate for the residual election, following the death of the original flag bearer.
The pre-election matter in Abia was the eligibility of the winner of the election. Ogah, who scored the second highest votes at the primary, alleged that Ikpeazu, the former General Manager of Abia State Passengers Integrated Manifest and safety Scheme (ASPIMSS) and first Deputy General Manager of Abia State Environmental Protection Agency (ASEPA), submitted a false tax clearance certificate. He described it as a serious infraction, urging the court to depose him because he was not qualified to contest. Justice Okon Abang, who upheld his prayer, ruled that he was the candidate.
But, does the matter end there? The verdict is sacrosanct. Also is the potency of Ikpeazu’s appeal to the higher court.
Will the Chief Judge of Abia ignore the appeal and swear in Ogah? In another twist, an Abia High Court granted an ex-pate application yesterday against the swearing in of Ogah as governor by the Chief Judge.
Ikpeazu and Ogah are fighters. If Ikpeazu’s appeal succeeds, it will invalidate Ogah’s certificate. If not, he becomes the governor. The likelihood exists that the case may be finally decided at the Supreme Court. Until then, the confusion continues.
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