#AbiaOnline
by Uche Olehi
The Supreme Court of Nigeria is expected to settle the protracted Abia Governorship legal dispute today (Wednesday, February 15,2017). And legal experts are largely of the opinion that Dr Okezie Ikpeazu would again triumph at the apex court. The matter was adjourned sine dire January 11,2017,after one of the panel of Judges, Mrs Amina Augie disqualified herself from the matter, citing a petition against her by “some people”.
Before the case got to the Supreme Court, constitutional lawyer and human rights activist, Chief Mike Ozekhome (SAN) had predicted that Ikpeazu’s appeal against the controversial June 27,2016 ruling that nullified his election will succeed. Chief Ozekhome’s contention is that Justice Okon Abang’s judgement is “hogwash, unnatural, curious and highly questionable, explaining that, “It constitutes a blatant breach of the hallowed doctrine of ‘lispendes’ ( See Government of Lagos State vs Ojukwu )”.
Similarly, Professor of Law and legal icon, Chief Ben Nwabueze has in various publications opined that desperate Abia politicians who want to unseat the Governor prematurely are abusing court process and should be mindful of its implications. He specifically lampooned
Mr Uche Ogah, the beneficiary of Justice Abang’s black market judgment.
“By resorting to the distasteful method of going to court, knowingly, it must be supposed, to unseat prematurely,an incumbent Governor whose election has been affirmed by the Supreme Court, our apex and final court, Dr Uche Ogah breached the fundamental necessity for finality in litigation. The supreme Court’s affirmation of Ikpeazu’s election as Governor of the state should have put the matter finally to rest in the interest of regularity, certainty in law and orderliness. That is the understanding underlying the hierarchical grading of courts and systems of appeal, from the courts or tribunals at the base of the hierarchy, through the Courts of Appeal to the Supreme Court as the apex and court of last resort. Clearly, there is no law to justify or warrant Dr. Ogah breaching the fundamental nececity for finality in litigation in such a fragrant manner which had been rightly described as “joker”.
Prof Nwabueze had first described the judgment against Ikpeazu as “brazen exhibition of judicial recklessness and judicial activism run riot”.It was therefore not a surprise when the Court of Appeal dismissed Abang’s judgment. But Ogah is now at the Supreme Court to challenge the ruling hailed by lovers of democracy and the rule of law.
Ikpeazu’s supporters are not perturbed because the truth needs so little rehearsals. The Supreme Court has already ruled on similar cases. Eor instance, Joe Agi SAN vs. PDP & 2 Ors (SC/256/2016). Here, the Governor of Cross River state, Prof Ayade was accused of presenting three different birth certificates and three of which were said to be forged.
Also a pre election matter, Agi’s contention was that Ayade was ineligible to contest the governorship of Cross River State because he (Ayade) presented false documents on oath on a matter concerning his age. Indeed, the salience and pertinence of that judgment to the appeal filed by former PDP Governorship aspirant Uche Ogah against the judgment of the Court of Appeal in Dr. Okezie Ikpeazu’s qualifications to vie for the governorship of Abia state, is crystal clear! Zamfara state has also provided another judicial precedence in favour of Ikpeazu.Commentators who ignore these cases are either being mischievous or chasing shadows. In fact, they are guilty of both unpardonable sins.
Virtually all sound lawyers agree that Governor Ikpeazu has been vindicated. Why? The Supreme Court affirmed the election of Prof. Ayade and dismissed Agi’s appeal on the ground, inter alia, that the allegations of presenting false documents or making false declarations under oath by Prof. Ayade to PDP in Form CF001does not operate to disqualify an otherwise qualified candidate. One can say like Ayade like Ikpeazu. The sacred fact is that incumbent Abia Governor was, ab initio, qualified to run for the highest office in the state as stipulated in the constitution of the Federal Republic of Nigeria. The reason being that the purport and object of Article 14(b) of the PDP Guidelines “is to ensure compliance with the constitutional requirements for a candidate who seeks to contest for the office of a Governor. Its intendment doesn’t contradict or relegate the Constitution.
A Professor of Law, Ikechi Mgboji,citing the Supreme Court judgement, diligently explains why Ikpeazu will remain Abia Governor till 2019 :
“By the provision of section 31(5) of the Electoral Act, the position of the law is well established that where a candidate makes a false declaration in his Form CF001, a person aggrieved may seek redress. However, the purport of s 31(5) is not designed to disqualify a candidate who is otherwise qualified to contest the relevant election under the 1999 Constitution of the Federal Republic of Nigeria. I seek to say further that even in situations where a governorship candidate makes inconsistent statements in his form CF001 and such a candidate is nevertheless qualified to contest the election under the provisions of section 177(b) of the Constitution, he will not, notwithstanding the inconistencies in his form, be disqualified to contest the election.” Per Justice Clara Bata Ogunbiyi at page 74.”
“Even in a situation where a Governorship candidate makes inconsistent statements in his form CF 001 and such a candidate is nevertheless qualified to contest the election under the provisions of Section 177 (b) of the Constitution, he will-not withstanding the inconsistencies in his form, be disqualified to contest the election, a fortiori, as payment of taxes is NOT a constitutional requirement for contesting the governorship position of a state; allegations of false declaration on tax payment are irrelevant.” The legal expert then urged those unfamiliar with the landmark case to get a copy of the Supreme Court judgment in Ayade’s case delivered by the apex Court on December 9,2016.
Similarly, brilliant lawyer, Ugochukwu Amaraizu also faulted insinuations that the Supreme Court would reverse its earlier affirmation of Ikpeazu’s victory. He questions some ill-thought out submissions polluting the public space.
“Many critics have argued that the Court of Appeal did not look into the merit of the matter. They vehemently argued or submitted that the case was decided on technicalities. It is quite unfortunate that many of them are just reporting what they were told. I think it is better they go and read that judgment ” line by line…” Without mincing words, the case between Ogah and Ikpeazu is like a case between the ELECTORAL ACT and the CONSTITUTION. Many of us will understand this submission today (sic). And there is no way a section of the Electoral Act will be construed to override a section of the Constitution. Undoubtedly, the Supreme Court will always interpret that “…this Constitution is supreme and its provisions are binding on all persons and authorities throughout the Federal Republic of Nigeria… AND that if any other law (including the Electoral Act) is inconsistent with the provisions of this Constitution, this Constitution shall prevail…” You can imagine someone thinking that section 31(5) of the Electoral Act will be construed to run at variance with section 177 of the Supreme law of the land! Somebody must be dreaming somewhere.”
The other side of the matter is that Ikpeazu even paid his tax and got the necessary documents. So, the burden of authenticating the tax papers, if that is in question, is not his but his employers. And since this has been done, he has no case!
Like Barrister Onyebuchi Ememanka argued in a related piece, “this case is nothing but a comprehensive waste of time, a fishing expedition and a wild goose chase. Uche Ogah’s case is and has been that Governor Okezie Ikpeazu did not pay his taxes because he filed inconsistent statements in his tax returns when he filed the PDP forms for the primary elections. First, tax and it’s payment thereof are not conditions that qualify any person to run for the office of Governor by virtue of the 1999 Constitution. The constitutional conditions are – Age, Nigerian citizenship, minimum qualification of school certificate and no judicial indictment and or unsoundness of mind. Nothing more.”
For Barrister Emeka Eze,the Special Adviser to Abia Governor on Legal and Judicial Matters,all pending cases challenging Ikpeazu’s right to occupy Government House Umuahia, would end up a needless academic exercise.
“There is nothing to worry about here. the Governor has the mandate of Abians. And this is sacrosanct. The Supreme Court will again reaffirm his victory at the April 15 Abia Governorship election. And the state would be engulfed by wide celebration.”
To be candid, constellation of factors have conspired to truncate Ogah’s inordinate ambition to ursup Ikpeazu’s office. What the alleged coup plotter labours in vain to suppress is the fact that the Abia Charter of Equity tilts towards a zoning principle that favours Abia South where the Governor hails. It is also impossible for an aspirant who never contested an election to be declared a Governor. That is strange to our law.
“An election tribunal or court shall not under any circumstance declare any person a winner at an election in which such a person has not fully participated in all the stages of the said election” (Section 141 of the Electoral Act). So, Ogah is simply an interloper who is desperate to reap where he didn’t sow. Thats the law. Ask Nigerian Reggae Star, Majek Fashek, “you cannot sow cassava and reap cocoyam”.
Interestingly, Abians have since resolved to resist any plot to steal the mandate they freely gave to Ikpeazu in 2015. They are pleased with the unbelievable transformation sweeping through the state, especially in the area of infrastructure,, education, agriculture, health, the state economy, among other sectors.
Political elite and pillars of commerce and industries in the state are also solidly behind the Common Governor who, in less than two years in office, has given God’s Own State phenomenal development, prosperity, peace and stability, despite enormous distractions arising from endless legal battle aimed at his exalted office. Recall the Governor has been in court since April, 2015. Even after he defeated them all at the apex court, which could have ended all election related cases, they launched another needless legal missiles which the Abuja Division of the Court of Appeal repelled last year.
As the Supreme Court rules on the Abia Governorship legal dispute,lovers of democracy, the rule of law, equity and justice are indeed on the side of the good-natured former school teacher and street sweeper whose ethnic Ukwa-Ngwa people have never governed Abia or any state of the Federation since the creation of the world. This is the reason everybody stands by Ikpeazu.
Uche Olehi, a Celebrity Journalist and Public Affairs Analyst wrote from Itungwa, Aba, Abia.
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