I remain Abia governor: Ikpeazu
A Federal High Court in Abuja presided over by Justice Okon Abang has annulled the election of the Governor of Abia State, Okezie Ikpeazu.
The court ordered him to vacate office immediately for submitting false information to his party,during the governorship primary in December 2014.
In his judgment on Monday, Justice Abang ordered the Independent National Electoral Commission to immediately issue a certificate of return to the plaintiff, Uche Ogah, who polled the second highest number of votes in the primary.
The court found Ikpeazu culpable of tax evasion and was therefore unqualified to have contested the 2015 governorship election in the state
It therefore ordered the Independent National Electoral Commission to issue a certificate of return to Samson Ogah, a member of the Peoples Democratic Party, who contested the governorship ticket with the governor.
The court also ordered the governor to vacate office immediately, and hand over to Ogah, owner of Masters Energy, who came second in the PDP governorship primaries in Abia.
Ikpeazu had been accused 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, and instituted at the Federal High Court, Abuja, two individuals, Obasi Eke and Chukwuemeka Mba had asked the PDP and 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 Constitution of Nigeria.
They further asked the court for “a declaration that the 3rd 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 CFRN, 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.
The Governor has however called on people of the state not to panic, but remain clam over the judgment.
In a release by his chief Press Secretary, Enyinnaya Appolos, Governor Ikpeazu, who said that he has faith in the judiciary and rule of law, added that he will appeal the ruling as he has instructed his lawyers to file an appeal immediately against the said judgment.
The governor noted 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 law and will await the final determination of the matter by the appellate courts.
