Why Ikpeazu Was Sacked As Abia Governor – Federal High Court

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.”