* Ikpeazu and Ogah, (r)


                                                       By Tony Icheku, Abuja

Further clarification has been made in respect of the  controversial court judgement which removed Abia State Governor Okezie Ikpeazu from office and awarded the seat to Dr. Uche Ogah on June 27, 2016

 Chief Registrar, Mr. Emma Gakko of the Federal High Court where Justice Okon Abang delivered the judgment, Friday explained that Governor Ikpeazu was not removed for forgery of tax documents, but for making false declaration on INEC form CF001.

 The Court maintained  that  the judge discovered that Ikpeazu allegedly submitted false tax information to the Independent National Electoral Commission (INEC). It further added that the judgement had nothing to do with forgery of tax documents and that there were two different cases against Ikpeazu.

 Gakko stated that one of the cases was filed by Sir Friday Nwosu with Ikpeazu and  Ogah as defendants. The case was before Justice Ambrose Allagoa.

 In the second suit before Justice Abang, Ogah was the plaintiff, while  Ikpeazu and  Nwosu were the defendants.

 The court said the case before Justice Allagoa bothered on alleged forgery or falsification of tax certificate and receipts for 2011, 2012, 2013 and 2014 by  Ikpeazu.

 The statement reads further: “The court further held that by the affidavit of the Abia State Director of Taxes testifying that the documents are genuine, the court held that there was presumption of genuineness of the assessment and the certificate and/or receipts issued to  Ikpeazu.

 “The court further held that the consequential reliefs have become unnecessary for the court’s consideration.
“It should be noted that the court did not make any consequential orders with regard to the position of the governor other than the allegation of forgery.”

 The Chief Registrar said the case before Justice Abang had a different subject-matter, that  Ikpeazu submitted form CF001 to INEC which were alleged to contain false information.

 “The court held that the information in Form CF001 as shown by him (Ikpeazu) in the affidavit accompanied with other documents to INEC are false and has nothing to do with forgery.

 “The, court, therefore made consequential orders under the doctrine of ‘lis pendens,’ which disallows any transfer of rights or interest in any subject matter that is being litigated upon during the pendency of litigation in respect of the said subject-matter.

 “The court, accordingly, declared  Ogah as the winner of the Peoples Democratic Party (PDP) primaries and should be issued with Certificate of Return accordingly.”

 The Chief Registrar said the clarification became necessary in view of “misrepresentation of facts as published in some electronic and print media and comments by both legal practitioners and laymen on the correct facts of the cases involving the Abia State Governor and the Judgment of Hon. justice O. E. Abang and Hon. Justice A. L. Allagoa.”