‘Riding The Back Of A Tiger Could Land You In His Belly’, Abia PDP Warns Ogah

<div dir="ltr" style="text-align: left;" trbidi="on"> <div class="separator" style="clear: both; text-align: center;"> <a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEisdkUxzUXkt8jSBdyyYvEOMAc__DbpVZ_JciRsOYweYvAIrPVFaVYJev6nbGmCoNYs6RXJ8EJyqQjJlkkmIB39G9wysHyk3eYJniLKO7jCUVbORZRvNH3Kr3LFltkRxAlGYd_b8UlJATjo/s1600/12.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" height="266" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEisdkUxzUXkt8jSBdyyYvEOMAc__DbpVZ_JciRsOYweYvAIrPVFaVYJev6nbGmCoNYs6RXJ8EJyqQjJlkkmIB39G9wysHyk3eYJniLKO7jCUVbORZRvNH3Kr3LFltkRxAlGYd_b8UlJATjo/s400/12.jpg" width="400" /></a></div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> The Peoples Democratic Party, PDP, on Monday, July 4, 2016 formally broke its silence on governorship tussle in Abia State in which Uche Ogah is challenging Governor Ikpeazu Okezie.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> The party decried the political turbulence in the state and described the “the hijack of democratic processes” as unfortunate.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> In a statement signed by the Abia State chairman of the PDP,  Johnson Onuigbo, the party’s legal adviser, Ikechukwu Omenihu, and its spokesperson, Don Ubani, the party warned Dr. Uche Ogah, saying that he should not mistake the party’s “golden silence” for cowardice. “He who makes peaceful change impossible makes violent change inevitable,” the main opposition party in Nigeria said.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> The PDP maintained that contrary to the allegations of tax default levelled against Governor Okezie Ikpeazu, “there is no requirement for payment of tax at all or as and when due in the constitution, electoral act or the Independent National Electoral Commission, INEC, nomination form”.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> The full press statement is published below:</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> PEOPLES DEMOCRATIC PARTY, ABIA STATE CHAPTER HIJACK OF DEMOCRATIC PROCESS IN ABIA STATE</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> INTRODUCTION</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> In the last few days, the whole world has been transfixed and spell-bound at the unprecedented but well-scripted plot to hijack the office of Governor of Abia State from the lawful occupant, Okezie Victor Ikpeazu, Ph.D., the candidate of the Peoples Democratic Party (PDP) at the general elections of April 2016. This evil plot is orchestrated by Mr. Samson Uchechukwu Ogah with very powerful forces backing him. The good people of Abia State are shocked not only at the highly perverse and ridiculous judgment entered in his favor by an Abuja Federal High Court, but much more stunned at the obvious collusion by Agencies of State, in the very desperate Agenda to foist Ogah on them. Without indulging in too much legality, it is now a trite principle of Law and indeed of Public Policy that if there is a Judgment against an occupant of an elective position invalidating his election, he remains in office until he has exhausted his right of appeal which in the case of the Abia Governor, terminates at the Supreme Court. Yet, inspite of the fact that Okezie Victor Ikpeazu, Ph.D., has filed and served a Notice of Appeal against the decision of the Hon. Justice OkonAbang of the FHC, Abuja, purporting to have invalidated his election as Governor of Abia State as well as a Motion for Stay of Execution and said processes had been served on INEC, the latter who should be an impartial arbiter went ahead to RECKLESSLY issue a Certificate of Return to Uche Ogah. Nigerians ask: What exactly is the haste? The answer lies in the events of Thursday the 16th June 2016. On that day, Uchechukwu Samson Ogah, his Company, Masters Energy Oil and Gas Limited and their co-conspirator, One Deji Somoyewere docked and arraigned before a Tinubu Magistrate’s Court, Lagos, for alleged fraud. They were docked on three counts of forgery, conspiracy, etc with the Police alleging after an investigation, that Ogah forged documents and signatures with which they fraudulently opened an account in the name of Mut-Hass Petroleum and used it to commit fraud. Ogah and his co-conspirators were admitted to bail and the case was adjourned to 4th August 2016 for commencement of Trial. From that moment a very DESPERATE hunger for immunity before the 4th August 2016 was activated; large humongous resources was deployed and the rest as they say is now history. In the desperate attempt to obtain immunity so as to evade his criminal trial, Ogah and his co-conspirators are prepared to bring down Abia State, stain the judiciary and other institutions of State in order to achieve their selfish goals. Unfortunately for them, Abia is God’s own State and this conspiracy by enemies of the State will fail.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> ISSUE OF TAX AND ALLEGED FORGERY</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> Nigerians should be informed in no uncertain terms that (1) there is no requirement for payment of tax at all or as and when due in the Constitution, Electoral Act or INEC Nomination Form; the tax documents were included in the documents accompanying his Nomination Form by Dr. Ikpeazu’s aides by mistake; (2) The tax documents included by aides of Dr. Ikpeazuin the Nomination Form sent to INEC are genuine and there are absolutely no false entries in them and (3) Even if for purposes of argument (Not conceded), there were mistakes in the tax documents, Dr. Ikpeazu was not responsible for such mistakesand his mandate given by hundreds of thousands of Abia voters cannot be invalidated on the basis of a spurious and unfounded allegation.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px;"> Before addressing these issues, the PDP urges Nigerians to appreciate exactly the gravity of what is at the heart of this evil plot. We are talking about the SACRED MANDATE of Dr. Ikpeazu given by hundreds of thousands of Abia Voters and validated by the Judiciary. Such a sacred mandate cannot be interfered with on trumped up and unfounded allegations which are without clear legal foundations. In OKE & ANOR V. MIMIKO & ORS., (2013) LPELR-20888 (CA), the Court of Appeal had this to say in respect of election Petitions and which is also applicable to pre-election cases:</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px;"> “Election into political office is a matter of getting the required number of votes as prescribed by law. In mature democracies, once an election is conducted according to law and a winner has emerged in compliance with the law, the loser like a good sportsman simply congratulates the winner. The will of the majority as required by law is regarded as sacrosanct. Power is recognised to belong to the people. In such mature democracies litigation is the exception and in some of them, unheard of. Our Electoral Act attempts to ensure that the will of the people which is expressed through the ballot box is difficult to upturn. Our courts also hold that there is a presumption that an election result is correct until the contrary is proved. See Buhari vs. INEC (2008) 18 NWLR part 1120 p. 246. Where therefore a loser in an election is dissatisfied with the outcome of the election our extant Electoral Act tries to ensure that he has a genuine case by holding him up to rigorous standards of proof. ” Per DANIEL-KALIO, J.C.A. (P. 34).</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px;"> The same Court similarly held in Harriman V. Ideh (1999) 9 NWLR Pt. 619) Pg. 482. as follows:<br />“…before any tribunal could nullify any election duly conducted by the authority saddled with that assignment, all the necessary factors must be meticulously taken into consideration with the aim of ensuring that there are compelling factors to warrant or justify such a serious decision. This stand is buttressed by the fact that nullification or invalidation of an election is the gravest punishment that a candidate duly declared elected and the authority charged with conducting such election can experience….” We shall heed to this caution of being circumspect in nullifying any election. Before an election may be nullified the Petitioners would adduce a robust and compelling reason to do so.”</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> We have taken the trouble to set out these few examples of the principles governing our democratic process just to demonstrate to Nigerians what is under attack by Uche Ogah and his cohorts: a sacrosanct mandate donated to Dr. Okezie Ikpeazu by citizens of Abia State. It is the Constitution that sets out the criteria for eligibility to stand for election as Governor. By Section 177 of the 1999 Constitution, there are only four requirements or conditions for eligibility to the office of Governor: Citizenship of Nigeria, attainment of 35 years of age, membership/sponsorship of a Political Party and education up to School Certificate level or its equivalent. S. 182 of the Constitution sets out other events that could disqualify a candidate and non-payment of tax at all or as and when due is not one of them. There is no requirement for payment of tax under the Electoral Act. An examination of the Nomination Form for all elective offices in Nigeria including for Governorship shows clearly that Payment of tax is not mentioned and tax receipts or tax clearance certificates are not one of the documents required to be included in the form. Indeed, if copies of the Nomination papers and accompanying documents of Governorship and Presidential candidates at the 2015 General Elections for instance, are called for from INEC, Nigerians will discover that almost none contains tax clearance receipts. Dr. Ikpeazu’s tax documents were either mistakenly included in the bundle of documents accompanying his Nomination Form by his aides or simply added out of the abundance of caution. The question remains whether the election of a Governor can be invalidated on the basis of contents of a document which is not even required by the Constitution or the Electoral Act in the first place? Ogah and his co-conspirators claim that their action is brought under the provisions of Section 31 of the Electoral Act 2010 (as amended).</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> The totality of that Section is that candidates should submit Nomination Forms, affidavits in support and the documents which demonstrate that the candidate meets the four requirements set out under S. 177 of the Constitution and in the Nomination Form of which a tax document obviously is not one. An interested person may apply for a CTC of such documents and if he believes that any information in the documents is false, such person can go to court for a declaration that the information is false and if he succeeds the candidate is disqualified from contesting the election.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> The first question which arises then is:can any other document other than those in proof of the eligibility requirements set out in S. 177 of the Constitution be the basis for such disqualification. Does it mean that if in putting together his Nomination Form, affidavit and the documents required by law, a candidate inadvertently includes his grocery Bill or his Nepa Bill, he is thereby disqualified from standing election if any of such Bills contains false information or incorrect entries? S. 31(5) is very clear and unambiguous, it relates to “information GIVEN BY A CANDIDATE in the affidavit or any document” submitted by him.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> Thus the alleged false entry or information in such document or affidavit must be one given by THE CANDIDATE HIMSELF and not that given by another person contained in a document submitted by him. Why would a candidate have his election invalidated because of a false statement or entry in a document given to him and submitted by him when he was not aware or responsible for any error the document may contain? An analogy is appropriate.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> If a person requires his Bank Statement for submission to an Embassy for Visa, he merely goes to his Bank, collects the request form, fills his name, account number and signs it. When he hands it over to the Bank official, his role is complete. The Bank will on their own generate the figures, compute the entries, produce it, print the Statement, stamp and sign it and hand it over to the person. Assuming the customer was contesting for Governorship election and either by error or in the mistaken belief that his account Statement is one of the documents to be submitted to INEC, includes it in his Nomination Form, is cleared to contest election, wins, goes through the challenge of his election victory at the Tribunal, Court of Appeal and Supreme Court and wins, should his election/victory be invalidated simply because, it was subsequently discovered that some entries in the account statement are incorrect or “false”?</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> Okezie Victor Ikpeazu, Ph.D was at all times material to this dispute a PAYEE (Pay As You Earn Employee). His taxes are deducted at source by the appropriate authorities before his salaries are paid. He does not see the taxes; he does not remit it, he is given no receipts. 90% of PAYEEs do not see their tax receipts for the entire 35 years of their employment, until retirement and afterwards.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> There are only few instances in Nigeria where evidence of tax payment is required. However, if a PAYEE for any reason needs his tax receipt, he merely applies to the relevant tax authority or Board. The Tax authority will themselves call for his tax records from the Agencies where he worked, generate the figures themselves, compute it, write the receipts, stamp and sign it and then call the PAYEE to come and collect it.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> The PAYEE is not present at any stage of this process and has no input whatsoever; he is not the one who informs them as to how much he earns; he is not the one who assesses how much tax he should pay based on how much he earns; the tax authorities generate these figures themselves.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> Where the PAYEE has asked for his tax receipts for the last three years, say 2013, 2014 and 2015, the tax officials will write it in the current tax receipt booklet being used by them. No tax official writing the tax receipt for a PAYEE which was already automatically deducted in 2013 for instance will go and start looking for the booklets used in 2013. All three years will be written in the current booklet and the official will write the receipts one after the other.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> In doing that, he could decide to write the receipt for the taxes deducted from the PAYEE’s salaries for 2015 first, then on the next page write that for 2013 and on the next page, that for 2014. The order in which receipts for the three years is written is irrelevant and in any case, the PAYEE is not present when it is written and has no input.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> To then suggest that the order in which the tax receipts were written or the fact that they were all written in one tax receipt booklet, one after the other, is “forgery” or “fraud” or “false statement” and on that ground proceed to annul the election of a candidate is the height of absurdity.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> All tax officials can confirm that a tax year ends on 31st December of every year which is denoted in every tax receipt. The fact that in some years, 31st December ends on a Saturday or Sunday is moot and goes to no issue. Whatever dates where written on the tax receipts by the relevant tax officials has nothing to do with Dr. Ikpeazu.The tax officials did file affidavits deposing to the fact that the documents they gave to Dr. Ikpeazu were genuine, correct, and certainly not forged.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> ALLEGED CONFLICTING COURT ORDERS</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> Ogah and his group have been giving the impression that there are conflicting court orders on the matter of his being sworn in but this is not true. The Hon. Justice Okon Abang gave no orders for Uche Ogah to be sworn in; only for INEC to issue him a certificate of return. In that context, the order of interim injunction obtained by Dr. Ikpeazu restraining the chief judge of Abia State or any other judicial officer from swearing in Uche Ogah stands alone and is unimpeachable.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> THERE ARE NO TWO CONFLICTING COURT ORDERS in this respect.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> Dr. Okezie Victor Ikpeazu, remains the Governor of Abia State.On the contrary, the Hon. Justice Okon Abang made several orders which are conditions precedent before a certificate of return could be issued to Ogah but none of those conditions have been fulfilled as yet and so the purported issuance of said certificate is a COMPLETE NULLITY.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> For instance, Justice Abang’s 6th Order was for PDP to submit the name of Uche Ogah to INEC as their candidate for the 2015 general elections. The question of the validity of such an order in 2016 after the election in April 2015 aside, PDP has not yet forwarded Ogah’s name to INEC, so how could a certificate of return be issued to him contrary to the said order of Justice Abang?</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> The enrolled order also mandated INEC to publish Ogah’s name as a candidate for the 2015 election; again, we are not aware that this has been done and again, the failure of INEC to fulfil this condition precedent before issuing the said certificate renders it a nullity.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> ALLEGATION THAT THE CHIEF JUDGE ABSCONDED</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> Another ulterior card being played by Ogah and his co-conspirators is their false allegation that the Honorable Chief Judge of Abia State absconded from the State on Thursday the 30th day of June 2016. This is absolutely false.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> This false and wicked allegation is being made by Ogah and his co-conspirator to set the stage for finding alternative means other than the constitutionally provided procedure to achieve their evil enterprise. When the bailiffs of the Osisioma High Court accompanied by lawyers to Dr. Ikpeazu went to serve the restraining order of the Osisioma High Court on the Hon. Chief Judge, she was sitting in her court in the open, presiding over her cases. They had to wait until she rose around 4 pm before they could serve her. Her record book, the testimonies of litigants and lawyers who appeared before her can testify to this.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> The PDP, Abia State Chapter, calls on well-meaning Nigerians to take notice that our democracy is under assault by enemies of Nigeria. Those who ride the back of a tiger could end up in its belly. The PDP is a law-abiding and Democratic Party as its name indicates. But we will guard our hard-won electoral mandate with every lawful weapon available to us. We and our teeming supporters will resist this attempt at impunity and warn Ogah and his cohorts not to take our peaceful disposition for granted. Let wise counsel prevail!!!!<br />Long live Okezie Victor Ikpeazu, Ph.D., Long live PDP, Long live Abia State, Long live Nigeria.</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px; text-align: justify;"> Signed:</div> <div style="background-color: white; color: #262626; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; line-height: 23px; margin-bottom: 23px;"> <strong>Chief Johnson Onuigbo (State Chairman)</strong><br /><strong>Barr. IkechukwuOmenihu (State Legal Adviser) </strong><br /><strong>Sir. Don Ubani (State Publicity Secretary)</strong></div> <script async="" src="//pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script> <!-- Aba Dailies 8 --> <br /> <ins class="adsbygoogle" data-ad-client="ca-pub-8376079553520515" data-ad-format="auto" data-ad-slot="9503932789" style="display: block;"></ins><script> (adsbygoogle = window.adsbygoogle || []).push({}); </script></div>

‘Riding The Back Of A Tiger Could Land You In His Belly’, Abia PDP Warns Ogah

The Peoples Democratic Party, PDP, on Monday, July 4, 2016 formally broke its silence on governorship tussle in Abia State in which Uche...

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INEC followed court order by giving Ogah certificate — Lawyer

<div dir="ltr" style="text-align: left;" trbidi="on"> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: poppins, sans-serif; line-height: 26px; margin-bottom: 26px; text-align: justify;"> <table cellpadding="0" cellspacing="0" class="tr-caption-container" style="float: left; font-size: 15px; margin-right: 1em; text-align: left;"><tbody> <tr><td style="text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh_efW06gMPWudI6gjqPoAKl0W4GIguzyBkErdug3Q7pOspMHHATlpvWwyIqVOmkTcOaM9tj-_0hnkcU7y7GGUZFh27mrKOQuitAzQXU9KqiLuu13zQtykO2Gv2LeXaUV4uaGGwM7ebKYdv/s1600/1.jpg" imageanchor="1" style="clear: left; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" height="388" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh_efW06gMPWudI6gjqPoAKl0W4GIguzyBkErdug3Q7pOspMHHATlpvWwyIqVOmkTcOaM9tj-_0hnkcU7y7GGUZFh27mrKOQuitAzQXU9KqiLuu13zQtykO2Gv2LeXaUV4uaGGwM7ebKYdv/s400/1.jpg" width="400" /></a></td></tr> <tr><td class="tr-caption" style="text-align: center;"><span style="color: #444444; font-family: "poppins" , sans-serif; font-style: italic; line-height: 17px; text-align: left;"><span style="font-size: large;">Mr. Monday Ubani</span></span></td></tr> </tbody></table> <div style="text-align: left;"> Mr. Monday Ubani is one of the counsel for Mr. Uchechukwu Ogah, who was declared by a Federal High Court as the true winner of the Peoples Democratic Party governorship primary in Abia State. He tells <strong style="box-sizing: border-box;">LEKE BAIYEWU</strong> that the interim injunction of stay of execution obtained by the embattled governor is inconsequential</div> </div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> <strong style="box-sizing: border-box;"><em style="box-sizing: border-box;">W</em></strong><strong style="box-sizing: border-box;"><em style="box-sizing: border-box;">hy </em></strong><strong style="box-sizing: border-box;"><em style="box-sizing: border-box;">did the Independent National Electoral Commission go ahead to issue Mr. Uchechukwu Ogah a certificate of return when Governor Okezie Ikpeazu had already appealed his sacking by the Federal High Court?</em></strong></div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> An appeal, in law, does not operate as a stay (of execution). The judgment of Justice Okon Abang was that INEC should issue the certificate of return immediately to Dr. Uche Samson Ogah and that the Chief Judge of Abia State was ordered to swear in Ogah immediately; that was the judgment of the court. Even if they have appealed, the appeal does not in any way operate as a stay of execution, except there is an express order by that same court staying execution or by a higher court – in this case, the Court of Appeal. In the absence of that express order, there is nothing standing on the way that order being obeyed as I speak to you.</div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> <strong style="box-sizing: border-box;"><em style="box-sizing: border-box;">It appears that there is a legal logjam in Abia on this matter.</em></strong></div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> There is no logjam. People are just creating unnecessary issues. They went to a high court to obtain an interim order restraining the chief judge from swearing in Ogah. The (Abia) high court is a court of equal jurisdiction with the Federal High Court which gave the judgment on Monday, ordering that Ogah should be issued with a certificate of return; ordering the chief judge to swear in Ogah immediately. That decision (judgment) has not been reversed by any higher court. INEC gave a very explicit explanation on what it had done; that the order before it now was to issue certificate of return to Ogah and there was no contrary order, either by the same court or any higher court. And that is the fact. That somebody has gone to court to file any motion (of appeal) does not operate as a stay (of execution); there must be an order by a court for a stay to operate. They should stop creating issues or legal logjam that does not exist. There is no legal logjam anywhere.</div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> <strong style="box-sizing: border-box;"><em style="box-sizing: border-box;">What if Ogah has been sworn in before then, can his installation be reversed at that stage?</em></strong></div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> If he (Ogah) has been sworn in – just like the man (Ikpeazu) had been sworn in and his certificate has been cancelled – his certificate can be cancelled. Was Ikpeazu not sworn in before?</div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> <strong style="box-sizing: border-box;"><em style="box-sizing: border-box;">Are you saying the interim injuction granted by the Abia court should be disregarded?</em></strong></div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> It is of no consequences. It cannot vacate an existing judgment of the court (FHC). At best, you can call it a black market injunction. And that is the kind of injunctions they were obtaining during the time of (military dictator, Gen. Ibrahim) Babangida; it was called ‘quorum shopping.’ You would go from one place to another, looking for a court order. Who assigned that case (for the interim injuction)? We heard that the Chief Judge of Abia State was in Abuja. So, where was this case filed, when was it assigned, who assigned it and when did the court take the decision they are presenting to the public?</div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> <strong style="box-sizing: border-box;"><em style="box-sizing: border-box;">The chief judge was alleged to have absconded. Do you see him as confused over this matter?</em></strong></div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> The truth is that the chief judge may have been appointed by the current government, so his loyalty will be for the man (Ikpeazu) who is there now. The report that he has absconded may be not to do the needful by swearing in the new governor (Ogah). I understand that they are keeping the chief judge away and hiding him somewhere in Abia State; that is the story. It is a dirty way of playing politics by trying to vitiate a valid court judgment ordering the chief judge to swear in Ogah (as governor).</div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> <strong style="box-sizing: border-box;"><em style="box-sizing: border-box;">Is there any legal implication if the chief judge fails to execute the court order under what specific period?</em></strong></div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> Of course, there are implications. The Chief Judge of Abia State is under oath to comply with the judgment of a court with competent jurisdiction and he must keep the oath in order to obey the Constitution and the laws of the land, including carrying out lawful instructions. It was a lawful order that was given to the chief judge and I understand that the chief judge is running away from implementing the order. That has implication because the Nigeria Judicial Council can be approached to complain about this particular act and it will be looked into. Evidence will be presented on what happened. He is not there; the chief judge is not there!</div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> <strong style="box-sizing: border-box;"><em style="box-sizing: border-box;">Your learned colleague, Ebun-Olu Adegboruwa, is alleging that the whole idea may be an agenda set by the All Progressives Congress to govern Abia State. Do you see the hand of the APC in this matter?</em></strong></div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> I must say that I am totally disappointed by this kind of allegation from a person who is supposed to be a lawyer. I am totally disappointed for any lawyer to open his mouth and make an allegation that has no fact. How can he say the APC is sponsoring it in order to get power? Some even told me that he said Ogah would later defect (from the PDP) to the APC after he becomes governor. How can he make such an allegation when he doesn’t have any fact? There is no truth in it. We started this case a long time ago. In fact, I was the one who was even telling Ogah to do certain things and he said, ‘No, I will remain in the PDP.’ He said, ‘Ubani, I will remain in the PDP because God told me to remain in the PDP.’ Ogah has never shown any doubt about where he belongs – the PDP. For somebody to make such an allegation that has no fact and basis, I am totally disappointed. I am ashamed of such kind of allegation.</div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> <strong style="box-sizing: border-box;"><em style="box-sizing: border-box;">Onagboruwa also believes that as much as the executive alleges that the judiciary is frustrating enforcement of the rule of law, it is also harassing those in the judiciary, including judges and lawyers. Have you experienced such?</em></strong></div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> I cannot say I am frustrated. Our judicial system has a way of correcting itself and that is why we have the Court of Appeal and the Supreme Court. If there is any wrong done at the lower court, you can approach a higher court and get the mistake corrected. I have so much faith in our judicial system. I believe in our judicial system. I also believe that all lawyers must try as much as possible to get the mistake corrected.  I consider it a cheap blackmail. When a judge wants to do justice and you start blackmailing him or her just because you are a lawyer or you have access to the press; that cannot be tolerated. I know that our judicial system will correct itself even in this particular case. But if you read the judgment of Justice Okon Abang, it was very comprehensive, profound; a novel case that cited so many authorities where the Supreme Court had made pronouncements.</div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> <strong style="box-sizing: border-box;"><em style="box-sizing: border-box;">If you say the interim injunction Ikpeazu got is from a court of equal jurisdiction and the chief judge is not available to swear in Ogah, what is the next step for your client?</em></strong></div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> Apart from the chief judge, there are other people who can conduct the swearing in. The chief judge is under a mandatory order to swear in Ogah but if he fails to do that, other options can be explored.</div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> <strong style="box-sizing: border-box;"><em style="box-sizing: border-box;">What are the other options?</em></strong></div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> <strong style="box-sizing: border-box;"><em style="box-sizing: border-box;"></em></strong></div> <div style="background-color: white; box-sizing: border-box; color: #222222; font-family: Poppins, sans-serif; font-size: 15px; line-height: 26px; margin-bottom: 26px; text-align: justify;"> I won’t disclose that. We will pursue other options if the chief judge fails to do what he is supposed to do.</div> <script async="" src="//pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script> <!-- naijaribs_stylebox-2_AdSense3_1x1_as --> <br /> <ins class="adsbygoogle" data-ad-client="ca-pub-8376079553520515" data-ad-format="auto" data-ad-slot="1824879584" style="display: block;"></ins><script> (adsbygoogle = window.adsbygoogle || []).push({}); </script></div>

INEC followed court order by giving Ogah certificate — Lawyer

Mr. Monday Ubani Mr. Monday Ubani is one of the counsel for Mr. Uchechukwu Ogah, who was declared by a Federal High Court as the true...

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