UCHECHUKWU OGAH Vs. DE. OKEZIE IKPEAZU & Ors

An Opininion piece by prof. Ikechukwu Mgbeoji

It has been nearly 4 weeks since the Supreme Court decided the appeal in re: Joe Agi SAN vs. PDP & 2 Ors (SC/256/2016). This is the appeal in which Ayade was accused of presenting 3 different birth certificates and three of which were said to be forged. 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 Ayade's age. Despite the salience and pertinence of that judgment to the appeal lodged by Uche Ogah against the judgment of the Court of Appeal in Dr. Okezie Ikpeazu's qualifications to vie for the governorship of Abia State. This judgment is probably a pointer to the forthcoming decision in re: Ogah vs. Ikpeazu.

Here is the deal: 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.

Rather, the purport and object of Article 14(b) of the PDP Guidelines "is to ensure compliance with the CONSTITUTIONAL requirements ...for the office of a candidate who seeks to contest for the office of a Governor." (Emphasis supplied).

Permit me to quote the Supreme Court in extenso:
"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.

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.

The electronic version of the judgment is available online.

Your opinion sir.
Don't worry, the court will do justice to the case and the best declared winner.

I just wish Uchechukwu Ogah will behave like Dangote - focus on his company/commercial business, and turn himself into an international oil player, with financial clout. Politics will drain him, and may cost him the little goodwill he has in the public space.

Those with financial power, usually have the eyes and ears of those in government. Let him leave politics and concentrate on building a financial empire. He should take a leaf from Tony Elumelu, Jim Ovia etc.

UCHECHUKWU OGAH Vs. Dr okezie ikpeazu & Ors

An Opininion piece by Prof Ikechukwu Mgbeoji

It has been nearly 4 weeks since the Supreme Court decided the appeal in re: Joe Agi SAN vs. PDP & 2 Ors (SC/256/2016). This is the appeal in which Ayade was accused of presenting 3 different birth certificates and three of which were said to be forged. 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 Ayade's age. Despite the salience and pertinence of that judgment to the appeal lodged by Uche Ogah against the judgment of the Court of Appeal in Dr. okezie ikpeazu's qualifications to vie for the governorship of Abia State. This judgment is probably a pointer to the forthcoming decision in re: Ogah vs. ikpeazu.

Here is the deal: 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.

Rather, the purport and object of Article 14(b) of the PDP Guidelines "is to ensure compliance with the CONSTITUTIONAL requirements ...for the office of a candidate who seeks to contest for the office of a Governor." (Emphasis supplied).

Permit me to quote the Supreme Court in extenso:
"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.

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.

The electronic version of the judgment is available online.
You have just reasoned like a toddler.how can you compare the case of age declaration and tax falsification.just keep calm and watch the will God come to pass.USO your Excellency

laudate:
I just wish Uchechukwu Ogah will behave like Dangote - focus on his company/commercial business, and turn himself into an international oil player, with financial clout. Politics will drain him, and may cost him the little goodwill he has in the public space.

Those with financial power, usually have the eyes and ears of those in government. Let him leave politics and concentrate on building a financial empire. He should take a leaf from Tony Elumelu, Jim Ovia etc.

My thoughts exactly.

After my visit to Aba, Abia state during the yuletide, I can sadly say that we've made another terrible mistake in leadership! There is very little sign of good leadership in the state. Aba is an eyesore! Very dirty... Bad roads... severe hardship... God help us! The propaganda flagged-off roads have been abandoned after buildings have been demolished in Ibadan st, Ibere st, Agharandu st, etc. Ngwa road (New Market), Ohanku road and Obohia is a no go area. Street cultism is the order of the day. Teens moving in packs of 20-30 waylaying, robbing, raping and killing people. Their lingua is "whither you"... Criminals are having a field day in Aba. No single day passes by without an incident of public armed robbery especially at Iheorji, Umunkama, Owerri-Aba, Ohanku, Ibadan street areas. Abia got it wrong again! The abandoned iron rods for gutter construction in Ibere street has claimed 3 lives so far. One person was impaled through the neck by the rods. My dad fell & broke his leg in it too. He could have been the fourth. He is still bedridden since the first week of December 2016. I had to relocate my parents.

Most of the policemen there are no different from touts. Moving about with machetes, trench clubs, iron pipes and all sorts of dangerous weapons harassing innocent citizens/motorists for bribes. The military have been compromised. They are now tools of oppression. Bribe them and they will beat down your enemy. Those fools camped in Ndoki Road Primary School (Ngwa Road, Aba) are worse. They have lost sight of their initial mission. Harassing girls selling wares. Bigotry is their mission statement. A little misunderstanding with a Northerner and you will get reported to the northern military boys in Aba. The northern military boys will not even ask what transpired. They will beat you and ask questions later. The people are stomaching it for now but if not checked, an uprisal is inevitable.

Ikpeazu fix Abia. I know you have the capacity to do it. Don't leave Abia to rot. I beg you in the name of whatever/whoever you hold sacred. Edakun! Biko o... Inula?