Ade Adesomoju, Abuja
The Abuja Division of the Court of Appeal has
dismissed the second appeal arising from two
judgments of the Federal High Court, Abuja which on
June 27 removed Okezie Ikpeazu as Governor of Abia
State.
The appeal dismissed by the appeal court on
Thursday was filed by a governorship aspirant in Abia
State, Mr. Friday Nwosu, who participated in the
Peoples Democratic Party’s December 8, 2014
primary which was won by Ikpeazu and in which
Uche Ogah ended as first runner up.
He contended in his appeal that he be declared the
validly elected Governor of Abia State on the basis
that the Federal High Court had rightly removed
Ikpeazu, and that Ogah who was ordered to be sworn
in as Governor, had earlier rejected and repudiated
the outcome of the primary.

The Justice Helen Ogunwumiju-led five-man panel of
the Court of Appeal dismissed the appeal for lacking
in merit.
Justice Tanko Hussaini, who held that though the
appellant had locus standi to appeal against the
judgment of the Federal High Court, his contention
that Ogah could not be a beneficiary of the PDP’s
primary held on December 8, 2014 having “rejected
and repudiated” its outcome had no legal basis.
Justice Hussaini held that the appellant misapplied
the decided authorities on doctrine of waiver and
estoppel upon which his (appelllant’s) appeal was
predicated.
The panel unanimously agreed that even though
Ogah protested against the outcome of the primary,
it did not rob him of his legal right under section
87(a) of the Electoral to express his grievances
against Ikpeazu’s nomination as the PDP’s
governorship candidate in the April 11, 2015 election
in the state.
It also held that contrary to Nwosu’s contention,
there was evidence that Ogah signed the appeal.
The Court of Appeal also held that Nwosu’s prayers
that he be issued fresh certificate of return and
sworn in by the Chief Judge of Abia State as the
Governor was incompetent as he did not seek the
mandatory leave of the appeal court to ask for reliefs
that were not put before the lower court.
The appellate court held that the appeal had no
“scintilla of merit”; it dismissed it and awarded the
sum of N100,000 as cost against Nwosu.
Justice Okon Abang of the Federal High Court in
Abuja had in his judgments delivered on June 27
sacked Ikpeazu for allegedly disclosing false
information in relation to his tax clearance details to
Independent National Electoral Commission in his
form nominating him as the candidate of the PDP for
the last year’s governorship election in the state.
The judge, also in the said judgment, ordered the
governor’s rival who was the first runner-up in the
primary that produced Ikpeazu as the candidate of
the PDP, Mr. Uche Ogah, to takeover.
The judge held that Ikpeazu was not qualified to be
PDP’s candidate having disclosed false information to
INEC in violation of his party’s Article 14(a) of the
PDP Electoral Guidelines and Section 31 of the
Electoral Act.
The court held in both judgments that Ikpeazu was
not qualified to be PDP’s candidate having falsely
claimed on oath that he had met all necessary
qualifications to be PDP’s candidate.
Justice Abang’s judgments were based on separate
suit (FHC/ABJ/CS/71/2015) filed by Ogah and the
other suit (FHC/ABJ/CS/1086/2014) filed by Obasi
Ekeagbara.

www.punchng.com/ikpeazu-ogah-win-second-appeal/