Read his statement below…
On Monday, 27th day of June, 2016 the Federal High Court sitting in
Abuja (Per Hon. Justice O. E. Abang) nullified the nomination of Dr.
Okezie Victor Ikpeazu as the candidate of the Peopleโs Democratic Party
for the 2015 Gubernatorial Election of Abia State and also his
subsequent election as Governor of Abia State.
The Court ordered the Independent National Electoral Commission to issue
a Certificate of Return to Dr. Sampson Uchechukwu Ogah, who scored the
second highest number of votes in the primaries that produced Dr. Okezie
Victor Ikpeazu.
A thorough scrutiny of the judgment of the
court will reveal that, contrary to widespread opinion that Dr. Sampson
Uchechukwu Ogahโs case was that Dr. Okezie Victor Ikpeazu presented forged tax
papers to the Independent National Electoral Commission, his case was simply
that Dr. Okezie Victor Ikpeazu apparently rushed to pay all his backlog of
taxes just before the elections, yet he swore to a false affidavit and supplied
a false information to the Independent National Electoral Commission that he
paid his taxes AS AT WHEN DUE. It was based on this false information that the
court nullified his candidature.
CERTIFICATE OF RETURN
arguments regarding the immediate issuance of a Certificate of Return to Dr.
Sampson Uchechukwu Ogah by the Independent National Electoral Commission in strict
compliance with the judgment of the Court. Contrary to opinions expressed in
certain quarters there is no judicial decision or statutory provision
preventing the Independent National Electoral Commission from complying
immediately with the Orders of the Federal High Court. The provision of Section
143(1) of the Electoral Act, Part VIII that gives Dr. Okezie Victor Ikpeazu
(or any other office holder for that matter) 21 days within which to file an
appeal against an adverse judgment (and to remain in office until the appeal is
determined) applies only to post-election matters before election Tribunals or
the Court of Appeal and not pre-election matters as in this case.
National Electoral Commission acted legally and correctly by instantly issuing
a Certificate of Return to Dr. Sampson Uchechukwu Ogah.
DR. OKEZIE VICTOR IKPEAZU MUST STEP DOWN IMMEDIATELY AS GOVERNOR OF ABIA STATE
Okezie Victor Ikpeazu to continue in office as Governor of Abia State pending
the outcome of the appeal despite the judgment of the Federal High Court (and
the nullification of his Certificate of Return) if Dr. Sampson Uchechukwu Ogah
had not been issued a Certificate of return instantly.
it is constitutionally abnormal and legally paradoxical that a person with a
validly issued Certificate of Return should not occupy that office immediately,
and the person with an invalidated Certificate of Return continues to occupy
that office.
the Chief Judge of Abia State or any other Judicial Officer from swearing in Dr.
Sampson Uchechukwu Ogah is a non-sequitor as the judgment of Abang J has
already been complied with by the Independent National Electoral
Commission.
without any document entitling him to that office, occupying the office of
Governor of Abia State, whilst a person who has both a valid court judgment and
a valid Certificate of Return is unable to assume office as Governor of the
state.
Victor Ikpeazu is operating illegally as Governor of Abia Sttae and all his
actions, orders and anything done in that capacity are null, void and of no
effect.
in immediately as Governor of Abia State pending the appeal lodged by Dr.
Okezie Victor Ikpeazu. That is the only way to go to enthrone legality in Abia
State. The heavens will not fall.
FESTUS
KEYAMO, ESQ.,
