BY CHINEDU ADONU,  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  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. “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.

  “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 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 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  as the next governor of Abia State

 credit: VANGUARD