Ikpeazu remove as Abia state governor

The Federal High Court sitting in Abuja presided
over by Justice Okon Abang has annulled the
election of Gov. Okezie Ikpeazu of Abia State

and ordered INEC to issue a Certificate of Return
to Mr. Uche Oga, a member of the Peoples
Democratic Party, who contested the
governorship ticket with the governor.
The order was based on the allegation that
Ikpeazu submitted false information to his party,
the Peoples Democratic Party, PDP, for the
party’s governorship primary in December 2014.
The court held that Mr. Ikpeazu was guilty of tax
evasion and was, therefore, unqualified to have
contested the 2015 governorship election in the
state.
The court also ordered the governor to vacate
office immediately, and hand over to Mr. Ogah,
who came second in the PDP governorship
primary in Abia.
The accusation
Gov. Ikpeazu was accused by two members of
the PDP for failing to pay personal income tax
promptly as at when due for 2010 and 2011 in
line with Section 24(f) of the 1999 Constitution,
which states that “It shall be the duty of every
citizen to … declare his income honestly to
appropriate and lawful agencies and pay his tax
promptly.”
In suit no. FHC/ABJ/ CS/1086/2014, dated
December 22, 2014, and instituted at the Federal
High Court, Abuja, two individuals, Obasi Eke and
Chukwuemeka Mba, had asked the PDP and
INEC to disqualify Mr. Ikpeazu from contesting
the governorship election.
The plaintiffs contended that Mr. Ikpeazu was
not fit and proper, having failed to pay his
personal income tax for two years in line with
the demand of the Constitution of Nigeria.
They further asked the court for “A declaration
that the 3rd de fendant, Mr. Ikpeazu, having
failed and/or refused to pay his personal income
tax promptly as at when due for the years 2010
and 2011 in compliance with the mandatory
provisions of Section 24(f) of the CFRN, 1999, as
amended, as well as Paragraph 13 of Part IV of
the Electoral Guidelines for Primary Elections
2014, is not a fit and proper person to contest
the gubernatorial election of Abia State in the
2015 general election, and is accordingly
disqualified from contesting the election.”
They also asked for an order barring the PDP
from presenting Mr Ikpeazu as candidate for
governor in the 2015 election.
Other reliefs sought by the plaintiffs included an
order barring INEC from accepting Mr. Ikpeazu
as Abia State PDP governorship candidate for
the 2015 election.
They also requested a consequential order that
the candidate at the PDP primary election of
December 8, 2014, who polled the second
highest number of votes cast at the said election
should be pronounced the rightful candidate of
the party for the governorship election.
Don’t panic, I remain your governor, Ikpeazu
tells Abians
Reacting to his removal from office, the
Governor of Abia State, Dr Okezie Ikpeazu called
on Abians not to panic, but to remain calm over
the judgment delivered in favour of Mr. Uche
Oga against him, in the case of alleged
falsification of tax receipts.
Governor Ikpeazu, who said that he has faith in
the judiciary and rule of law, added that he will
appeal the ruling as he has instructed his
lawyers to file an appeal immediately against the
said judgment.
The Governor noted as an appointee of the Abia
State Government from 2011 to 2014, when he
served as the General Manager, Abia State
Passengers Integrated Manifest and Safety
Scheme (ASPIMSS), and first Deputy General
Manager, Abia State Environmental Protection
Agency (ASEPA) Aba and Environs respectively,
before his resignation in October 2014 to contest
the Governorship election in the state, his taxes
were deducted at source, and when he had need
of his tax clearance in 2014, he applied to the
Abia State Board of Internal Revenue, and was
duly issued with his tax receipts for the period in
question.
He maintained that he remains the Governor of
the state according to law and will await the
final determination of the matter by the
appellate court.