•’I’ll appeal judgment’
From Godwin Tsa, Abuja and Chuks Onuoha, Umuahia
A Federal High Court, sitting in Abuja, has annulled the election of Governor Okezie Ikpeazu of Abia State.
The court also ordered the Independent National Electoral Commission (INEC) to issue a Certificate of Return to Samson Ogah, a member of the Peoples Democratic Party (PDP), who contested the governorship ticket with him.
The court held that Mr. Ikpeazu was guilty of tax evasion and was, therefore, unqualified to have contested the 2015 governorship election in the state.
The court also ordered the governor to vacate office immediately and hand over to Mr. Ogah, owner of Masters Energy, who came second in the PDP governorship primaries in Abia.
Ogah had accused Mr. Ikpeazu of failing to pay personal income tax promptly as and when due for 2010 and 2011 in line with Section 24(f) of the 1999 Constitution.
In suit no. FHC/ABJ/ CS/1086/2014, dated December 22, 2014, Obasi Eke and Chukwuemeka Mba had asked the PDP and Independent National Electoral Commission (INEC) to disqualify Ikpeazu from contesting the governorship election. The plaintiffs contended that Ikpeazu was not fit and proper, having failed to pay his personal income tax for two years in line with the provisions of the 1999 Constitution (as amended).
They further asked the court for “a declaration that the third defendant, having failed and/or refused to pay his personal income tax promptly as and when due for the years 2010 and 2011 in compliance with the mandatory provisions of Section 24(f) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, as well as paragraph 13 of Part IV of the Electoral Guidelines for Primary Elections 2014 is not a fit and proper person to contest the gubernatorial election of Abia State in the 2015 general election, and is accordingly disqualified from contesting the election.”
They also asked for an order barring the PDP from presenting Ikpeazu as candidate for governor in the 2015 election.
Other reliefs sought by the plaintiffs included an order barring INEC from accepting Ikpeazu as a PDP candidate for Abia State 2015 election. They also requested a consequential order that the candidate at the PDP primary election of December 8, 2014, who polled the second highest number of votes cast at the said election should be pronounced the rightful candidate of the party for the governorship election in Abia.
Meanwhile, the governor said he has instructed his lawyers to file an appeal immediately against the judgment and called on Abians not to panic, but to remain calm. Ikpeazu said he remains the governor.
Ikpeazu, who spoke through his Chief Press Secretary, Mr Enyinnaya Appolos said he has faith in the judiciary and rule of law and noted that as an appointee of the Abia State Government from 2011 to 2014, when he served as the general manager, Abia State Passengers Integrated Manifest and Safety Scheme (ASPIMSS), and first deputy general manager, Abia State Environmental Protection Agency (ASEPA) Aba and Environs respectively, before his resignation in October 2014 to contest the governorship election in the state, that, within the period his taxes were deducted at source, and when he had need of his tax clearance in 2014, he applied to the Abia State Board of Internal Revenue and was duly issued with his tax receipts for the period in question.
He maintained that he remains the governor of the state according to the law and will await the final determination of the matter by the appellate courts.