The Federal High Court on Friday said Justice Okon Abang ordered Abia State Governor, Dr. Okezie Ikpeazu’s sack because the judge found that he allegedly submitted false tax information to the Independent National Electoral Commission (INEC).

The court said the case had nothing to do with forgery of tax documents.

The court’s Chief Registrar, Emmanuel Gakko, said in a statement that there were two different cases against Ikpeazu.

He said one of the cases was filed by Sir Friday Nwosu with Dr. Ikpeazu and Dr. Sampson Uche Ogah as defendants. The case was before Justice Ambrose Allagoa.

In the second suit before Justice Abang, Dr. Ogah was the plaintiff, while Dr. Ikpeazu and Sir Nwosu were the defendants.

The court said the case before Justice Allagoa bothered on alleged forgery or falsification of tax certificate and receipts for 2011, 2012, 2013 and 2014 by Dr. Ikpeazu.

In deciding the case, Justice Allagoa held that “a mere nebulous averment is not enough for the purpose of pleading the crime of forgery.”

According to the judge, “forgery is a criminal offence and must be proved, which the plaintiff failed to do.”

The statement added: “The court further held that by the affidavit of the Abia State Director of Taxes testifying that the documents are genuine, the court held that there was presumption of genuineness of the assessment and the certificate and/or receipts issued to Dr. Ikpeazu.

“The court further held that the consequential reliefs have become unnecessary for the court’s consideration.

“It should be noted that the court did not make any consequential orders with regard to the position of the governor other than the allegation of forgery.”

The Chief Registrar said the case before Justice Abang had a different subject-matter, that Dr. Ikpeazu submitted form CF001 to INEC which were alleged to contain false information.

“The court held that the information in Form CF001 as shown by him (Ikpeazu) in the affidavit accompanied with other documents to INEC are false and has nothing to do with forgery.

“The, court, therefore made consequential orders under the doctrine of ‘lis pendens,’ which disallows any transfer of rights or interest in any subject matter that is being litigated upon during the pendency of litigation in respect of the said subject-matter.

“The court, accordingly, declared Dr. Ogah as the winner of the Peoples Democratic Party (PDP) primaries and should be issued with Certificate of Return accordingly.”

The Chief Registrar said the clarification became necessary in view of “misrepresentation of facts as published in some electronic and print media and comments by both legal practitioners and laymen on the correct facts of the cases involving the Abia State Governor and the Judgment of Hon. justice O. E. Abang and Hon. Justice A. L. Allagoa.”


http://thenationonlineng.net/ikpeazu-sacked-abia-governor-court/

Read Full Statement Below :

FEDERAL HIGH COURT ABUJA CLARIFIES THE PUBLIC ON THE JUDGEMENT ORDER OF 27TH JUNE, 2016.

The attention of the Federal High Court has been drawn to the misrepresentation of facts as published in some electronic and print media and comments by both legal practitioners and laymen on the correct facts of the cases involving the Abia State Governor and the Judgment of Hon. justice O. E. Abang and Hon. Justice A. L. Allagoa.

It should be stated and for the purposes of clarity that:-

* While Sir Friday Nwosu is the Plaintiff in the case before Hon. Justice Allagoa, Dr. Ikpeazu and Dr. Sampson Ogah, are Defendants.

* In the suit before Hon. Justice Abang, Dr. Sampson Ogah is the Plaintiff while Dr. Ikpeazu & Sir ‘Friday Nwosu are defendants.

The main relief in the case before Justice A. L. Allagoa, (where Sir Friday Nwosu is the Plaintiff) is bothered on forgery or falsification of Tax Certificate and/or Receipts for 2011, 2012, 2013 & 2014 as contained in Questions 4, 5, 6, 7, 8 & 9 of the writ.

The Hon. Judge held that a mere nebulous averment is not enough for the purpose of pleading the crime of forgery. Forgery is a criminal offence and must be proved which the Plaintiff failed to do.

The Court further held that by the affidavit of the Director of Taxes, Abia State testifying that the documents are genuine, the Court held that there was presumption of genuineness of the assessment and the Certificate and/or receipts issued to Dr. Okezie Ikpeazu.

The Court further held that the consequential reliefs have become unnecessary for the Court’s consideration.

It should be noted that the Court did not make any Consequential Orders with regard to the position of the Governor other than the allegation of forgery.

However the case before Hon. Justice Abang is that Dr. Okezie Ikpeazu submitted form CF001 to INEC which documents were alleged to contain false information. They are two different suits and two di fferent subject matter.

* The Court held that the conduct of the Plaintiff in the case in Owerri cannot create an estoppel. He held that the information in Form CF.001 as shown by him in the affidavit accompanied with other documents to INEC are false and has nothing to do with forgery.

* The Court therefore made consequential orders that under the doctrine of “lis pendens”, which disallows any transfer of rights or interest in any subject matter that is being litigated upon during the pendency of litigation in respect of the said subject matter, and accordingly declared.

* Dr. Sampson Ogah as the winner of the PDP primaries and should be issued with Certificate of Return accordingly.

SIGNED:

EMMANUEL GAKKO ESQ.
CHIEF REGISTRAR FEDERAL HIGH COURT.

Ikpeazu and his lawyer are dafts.

If he can do such. Lawd knows Abia will be sucked dry

Submit falsified tax clearance

Forged tax clearance .

Lawd help ikpeazu

OK, next.

What a stupid explanation.

The tax certificate doesn't originate from the payee hence the information is true to the best of his knowledge at the point of submission.

Civil/Public Servants pay tax installmentally in advance (before the year ends)

MadamExcellency:
What a stupid explanation.

The tax certificate doesn't originate from the payee hence the information is true to the best of his knowledge at the point of submission.

MadamExcellency E don happen

Thanks for this clarification by the Chief Registrar of the federal high court.They rejoiced too soon and wanted to confuse us but very soon it will be Going Going....... Goneeeeeee

kahal29:


MadamExcellency E don happen

Tell that Judge what Her Excellency said, he is limited in both knowledge and exposure hence the rubbish posted up there, if at all it's coming from him.

Thank goodness the option of appeal is there were three or five Judges sit to dispense justice. Two, three or five heads are better than one.

I believe justice will be served in Supreme Court where the case will be considered holistically and whoever wins is fine by me.

MadamExcellency:
What a stupid explanation.

The tax certificate doesn't originate from the payee hence the information is true to the best of his knowledge at the point of submission.

Civil/Public Servants pay tax installmentally in advance (before the year ends)

You are still banking on this line of thought....? Agreed that the tax certificate didn't originate from him but did he read it before signing them or are you saying he signed them without even going through it? An executive Governor to be?

Ikpeazu is just buying time.
No one really cares about him, but he is going to leave that seat so that T.A Orji can be gotten.

MadamExcellency:


Tell that Judge what Her Excellency said, he is limited in both knowledge and exposure hence the rubbish posted up there, if at all it's coming from him.

Thank goodness the option of appeal is there were three or five Judges sit to dispense justice. Two, three or five heads are better than one.

I believe justice will be served in Supreme Court where the case will be considered holistically and whoever wins is fine by me.

I laugh in swahili.. .. Holistic indeed. See MadamExcellency this case is very bad and the embattled Governor knows this... . The only good thing in this case is Wole Olanipekun that is leading Ikpeazu's legal team but the damage has already been done at the trial stage where you give evidence. At this level no knew evidence is adduced but you only argue on points of law. Ikpeazu is marking time


https://www.youtube.com/watch?v=Gc4clb5CjdU

Lalasticlala front page

odiks:


You are still banking on this line of thought....? Agreed that the tax certificate didn't originate from him but did he read it before signing them or are you saying he signed them without even going through it? An executive Governor to be?

He filled the forms himself and also signed it with his own hands and that's where they nailed him

Mods make una do the needful nah. Lalasticlala take note

kahal29:


He filled the forms himself and also signed it with his own hands and that's where they nailed him

The Chief Registrar said the clarification
became necessary in view of “misrepresentation of facts as published in some electronic and print media and comments by both legal practitioners and laymen on the correct facts of the cases involving the Abia State Governor and the Judgment of Hon. justice O. E. Abang and
Hon. Justice A. L. Allagoa.

”

I just read this part the second time and I begin to wonder if the Abuja High Court wants to influence the Court of Appeal before it even sits?

Is this not the same Registrar who prepared the copies of the judgement at the speed of light against all norms?

What authority does Justice Abang has to interpret the judgement given by Justice Allagoa?

It's now obvious that Abang is trying to save face from the obvious which everybody knows. He fumbled hence this press release which amounts to sub prejudice.

It is becoming clearer by the day that this judgement was bought and it was intended to mount a political coup in collaboration with INEC Chief who signed Certificate of Return immediately the judgement was given, two days before Uche Ogar asked for it.

I am beginning to put one and two together to arrive at three. Now I understand.

odiks:


You are still banking on this line of thought....? Agreed that the tax certificate didn't originate from him but did he read it before signing them or are you saying he signed them without even going through it? An executive Governor to be?

All these logic amount to nothing. The question should be did he evade tax as at when due?

Is he qualified to contest the election for a Governorship seat?

Every other pun on words amount to frivolity and got no effect on his election as a governor.

Even the Laws of Nigeria elections boldly emphasize on "substantial" compliance let alone flimsy logic/concoction.

you don't sack elected officials na Even Kim Davis in the US, if you guys remember her Its either you resign or go to jail only appointed officials get sacked. . .

Okezie Ikpeazu Onye nna

All I know is today's my birthday
Ikpeazu should solve his issues amicably with the court

Ok

So what's going to happen now?

following

wuruwuru judge ...
what sort of explanation is this?
if the case is not forgery ..what is it? false information..how? is false information now a reason to remove a governor? i didnt see that in the Constitution

Mumu judge shame on u

The rich don't pay taxes in Nigeria... Not new to me.

The Will of Abia Electorate Must be Respected, not the will of one judge hiding in one corner of Abuja to dish out spurious judgement.

From president Buhari to the Governors and to the National Assembly members, there's hardly any of the elected and selected political office holders who can pass a thorough Tax Clearance Test today.

JUDEGEMENT OF LIFE

Still on this?

Aah ah, wait oh oga judge, ur reason no tight, anyway its your case