ABANG'S JUDGMENT A RAPE OF DEMOCRACY, MISCARRIAGE OF JUSTICE

The Abuja Division of the Court of Appeal, on Thursday described as a rape of democracy and miscarriage of justice, the judgment of Justice Okon Abang of a Federal High Court Abuja, thar sacked the Abia State Governor, Dr Okezie Ikpeazu.
The appellant court, which restored the mandate of Governor Ikpeazu as the duly elected governor of Abia State, also set aside the judgment of justice Okon Abang delivered on June 27, 2016.
"From whatever angle one looks at the judgment of the trial Judge, the decision of his court was grossly erroneous.
"The inadequacies of the tax receipt cannot be visited on Ikpeazu who scored the highest votes in the 2015 governorship elections as doing so will amount to rape of democracy."
"In all, the appeal court set aside the judgment of Justice Abang delivered on June 27 for being a nullity an a miscarriage of justice that must not be allowed in law."
The Federal High Court removed Ikpeazu from office on account of supplying false information to obtain his party nomination for the 2015 governorship election.
The appellate court however on Thursday voided the legal action which brought about the judgment of justice Abang on the ground that the originating summons relied upon by the judge to give the judgment did not comply with any known law in the country .
Justice Ibrahim Shata Bdliya who delivered one of the lead judgments in an appeal filed by Ikpeazu, held that Justice Abang erred in law by assuming jurisdiction in an originating summons that was not signed by any identifiable legal practitioner among the three lawyers that issue the said summons.
In the unanimous judgment of the court, the federal high court judgment delivered on June 27th was said not to have been competent having been based on an originating summons that was invalid, null and void.
Apart from not signing the originating summons, the appeal court held that the suit filed by Dr. Samson Ogah did not disclose any cause of action because it was filed even before the appellant (Ikpeazu) submitted his documents to the Independent National Electoral Commission (INEC).
Justice Bdliya agreed with counsel to the governor Chief Wole Olanipekunsan that it was not the duty of the court to begin to search for the signatory to the originating summons to authenticate it as required by law.
Besides, the appeal court also held that although the originating summons was later amended, but said that an amended originating summon has no capacity to cure a defective and incurably bad originating summons being the foundation of the suit.
The appeal court further agreed with Olanipekun SAN that Justice Abang erred in law by making findings at the interlocutory level of case by taking a stance on issues in the main suit.
"He ought not to have given the final findings at the interlocutory level and his conclusion at the interlocutory level was a breach of fair hearing against the appellant (Ikpeazu) who was not given opportunity to use the substantive suit to prove his case.
The court also upheld the submission of Olanipekun SAN that because of the circumstances if the issues in the suit, the suit ought to have been Instituted through the use of writ where witnesses can be called to make clarifications on the the disputed issues, rather than using originating summons that does not require the calling of witnesses.
In another Judgment by Justice Helen Morenikeji Ogunwumiju, the appellate court held that Justice Abang raped democracy in his order that the Independent National Electoral Commission (INEC) should issue a certificate of return to Dr. Samson Ogah when there was no evidence of forgery of criminality against the appellant.
According to the court, the judgment of Justice Abang was grossly erroneous because it was based on inadequacy of tax receipt that cannot be visited on the appellant (Ikpeazu).
"After reading through the judgment several times, I was amazed at how the trial Judge arrived at his conclusion of pejury against the appellant when there was no evidence of forgery. To say the least, his findings are ridiculous.
"The Judge must have sat in his chamber, unilaterally assessed and computed the tax of the appellant and came to the conclusion that he did not pay the required tax. But let me say that courts are not allowed to speculate as the trial Judge has done in the instant case.
The trial Judge spoke from both sides of his mouth when in one breadth, he claimed that he based his findings on supply of false information and in another breadth, he came to the conclusion that the appellant in this matter committed perjury, even when there was no allegation of forgery and no allegation that he did not pay tax.
Justice Ogunwumiju also agreed with Olanepekun SAN that the Federal High Court Judge turned the head of the law upside down in his conclusion that it was the appellant that should bear the burden of proof on the allegation made by Ogah.
"With respect, we disagree with him (Judge) in this conclusion because it is the person that makes allegation of falsehood that must prove it."
The Appeal Court also held that Justice Abang erred when he imported the phrase 'as at when do' into the PDP 2014 guidelines.
"The Judge would not have imported the phrase into his findings if he had seen the copy of the PDP guideline. In this case, he violated the PDP guideline".

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The court also awarded various sums of money against Ogah as cost.

"IF JUSTICE ABANG CANNOT UNDERSTAND HOW CIVIL SERVANTS' TAX CLEARANCE WORKS, HE OUGHT TO HAVE SOUGHT CLARIFICATIONS" - APPEAL COURT.
These were the exact words of Court of Appeal Justice Ibrahim Shata Bdilya today while reading the judgement in the case between Gov. Ikpeazu vs Uche Ogah.
Read for yourself the verdict of the Appeal Court:
“The issue of tax clearance which puts the burden of proof on the Governor on the tax issues, was not an issue, with regards to a civil servant or public officers whose tax is deducted at source and of which the first respondent was one.
his tax income will be assessed by the tax office.
“I do not agree with the trial judge that it is the second respondent that is the governor that supplied the information to the tax office.
“That would have been true if he had a private business on the side, for which he would have been required by law to declare to the tax office.
“But as a civil servant his tax is deducted at source and imputed by the tax office.
“If the trial judge cannot understand how civil servants tax clearance works he ought to have sought clarifications,” he stressed.
Explaining further, he pointed out that he could not agree that the tax documents submitted were irregular and false.
“The challenge in the originating summons in relation to tax clearance is not any where near the narrow view envisaged by the Electoral Act.
“There is no allegation of non-payment of tax but that the documentation was false. I therefore resolve this ground in favour of the pdp.
“It is my view that the judge committed a great injustice to the rules of natural justice by not listening to all sides In the case.
“By not listening to the Chief tax officer in defence of the Governor he had shut out their opportunity to defend themselves.
“By failing to consider the application of one James Okeji, a director in the Abia State tax office and on the other hand saying that it was an afterthought, the High Court Judge missed a golden opportunity to give all sides opportunity, thereby abandoning his training as a judge,” the Appeal Court held.
It also held that that except a person had participated in an election that he would not be issued a certificate of return and not that could not be decided by a court.
“That is why in the case of Rotimi Amechi the Supreme Court ordered that he should be sworn in and not issued a certificate of return.
“There is a laid down proceedings as to how a certificate of return should be issued to a person,” the Justice held

Dis Justice Okon or whatever he calls himselfshould be ashamed of himself,allowing ursef to b used by d current administration is a scam

saintkel:
Dis Justice Okon or whatever he calls himselfshould be ashamed of himself,allowing ursef to b used by d current administration is a scam

The Abang of a man I wonder what the future hold for him in Nigerian judiciary

Evil thrives when good men are silent. Thanks to their Lordships, the rape on democracy was halted at the door...Ogah and his Certificate of Return need to chill wella in the freezer.

Dishonorable Injustice Okon Abang should be stoned to death

Abang will be disgraced enormously this is just the beginning

Ok

Next time useless abang soup try any nonsense again...

Abang is a DISGRACE to the Judiciary!

The judicial system and clash of verdict.

I thought they use to prove it beyond reasonable doubt. ??

APC is on the same path PDP took and ended up destroyed, how can we chant change yet do the worse!

It is evident that Abang's judgement was politically motivated which puts a huge doubt on the integrity of this administration

On the other hand, Ikpe is in no way a saint and should not parade himself as one cuz our political world is so sick and rotten that one wonders what the future of this country looks like.

We saw this coming, especially the way the learned judge handled the case with much stiffness to the appellant, it was apparent the judgement won't stand the test of appeal. But what happens if the appeal is subsequently upturned by the Supreme Court? Let's not cast aspersions on the judge yet till all the judicial options has been exhausted.

Very soon even customary court judges will find it judicial correct to upturn Abang judgments.

Omotorvidosky:
We saw this coming, especially the way the learned judge handled the case with much stiffness to the appellant, it was apparent the judgement won't stand the test of appeal. But what happens if the appeal is subsequently upturned by the Supreme Court? Let's not cast aspersions on the judge yet till all the judicial options has been exhausted.

Please remove the word "learned" from his name

DamiBukola:
Please remove the word "learned" from his name

Please read the last lines of my message properly.

Omotorvidosky:

Please read the last lines of my message properly.

I saw it, no need for that because even the 100level law student in my house laugh out loud over the judgements and rulings this dishonorable injustice Okon has being given.

I knew him during my court attachment, I did it in his court at Ikoyi. Whenever I got home, I asked myself how he got to that level because he is so biased.

People like Injustice Okon made me believed on Buhari's assertion that our major problem as a country is our judges.

Okon Abang is a disgrace not only to Nigeria Judiciary but his family and kinsmen. He will one day pay through his anus. It is very unlikely to earn a reasonable controversies as a Judge. It rather indicates you are either incompetent or corrupt. in which ever way, it is not good for the profession. Let him continue.

It is usual to see people comment on hot topics like they know what they are talking about. Below are some of the comments from some of our able bodied APC pundits on this Abia state issue 2 months ago. Time will always tell as usual

Next time when you see these guys xomment on any issue, you can be sure they are talking a huge load of bull sheet

Quakertellicus1:


No...more like Kangaroo politicians and Kangaroo parties....and kangaroo electorate and election bodies....that refuse to let the process be clean.

Someone has to clean up the mess left behind...and it is our judges.

Or is it the Judge's fault that Ikpeazu did not have all the legally needed documents needed to contest for election?

CXLVII:
[size=18pt]#IStandWithOgar

#IkpeazuMustGo #TimeUp #NeverAgainShallWeReturnToIkpeazu

[/size]

Some poeple have a long history of making useless comments, supporting useless judgments and defending stupid government agents

Businessideas:
What kind of debacle is this?If the man is issued a certificate of return but the usurper is still on the seat, then INEC just scammed the man.The best thing is to swear him in immediately, the usurper should vacate the seat joor, inec certificate of return is not a recharge card o!!

After INEC issued certificate of return to Oga, typical Zombie comment is given here

Mylove55:
becos dis govt believes in d rule of law, every agency is now working perfectly and independently according to law. God bless pmb- he is a true democrat

oloriooko:
APC is on the same path PDP took and ended up destroyed, how can we chant change yet do the worse!

It is evident that Abang's judgement was politically motivated which puts a huge doubt on the integrity of this administration

On the other hand, Ikpe is in no way a saint and should not parade himself as one cuz our political world is so sick and rotten that one wonders what the future of this country looks like.

Are you the political that motivated it? The same appeal that u accused during election of Rivers etc is the one that reversed this wrong judgment. Don't. Attribute everything to politics