IKPEAZU VS OGAH : END OF DISTRACTIVE LEGAL EXERCISE

by Uche Olehi
The  Supreme of Court of Nigeria is expected  to settle the protracted Abia Governorship legal dispute today (Wednesday January 11,2017). Incidentally,the only pending pre-election litigation arising from the 2015 Governorship polls, jobless and “brainless” analysts (who know next to nothing about the law)  are polluting the public space with ill-informed and jaundiced comments and rhetorics.
But the truth needs so little rehearsals. The apex court has already ruled on similar cases. Take for instance  Joe Agi SAN vs. PDP & 2 Ors (SC/256/2016). This is the appeal in which 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 Mr 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.
Legal experts are cock sure Governor Ikpeazu has been vindicated. How? 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 (Dr Okezie Victor Ikpeazu) 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 is not 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 S 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 if NOT a constitutional requirement for contesting the governorship position of a state, allegations of false declaration on tax payment are irrelevant.” He then urged  those unfamiliar with the landmark case to get a copy of the Supreme Court judgment in Ayade’s case delivered by the Supreme Court on 9 December 2016.
Similarly,erudite barrister, Ugochukwu Amaraizu also faulted insinuations that the Supreme Court would reverse its earlier affirmation of Ikpeazu victory. He made valid points of law:
“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 next week. 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 is not his but his employers. And this has been done. He has no case!
Constellation of factors have conspired to truncate ogah’s inordinate ambition to ursup Ikpeazu 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.
Ask famous 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 give to Dr. Okezie Ikpeazu in 2015. They are pleased with the unbelievable transformation of the state, especially in the area of infrastructure, education, health and the state economy.
Abia political elite and pillars of commerce and industries 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 protracted Abia Governorship legal squabble,lovers of democracy, 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 State. Contact: Uche Olehi, Itungwa Postal Agency,Via Aba.