A Federal High Court in Abuja has sacked Dr Okezie Ikpeazu as the governor of Abia State on the grounds that he included false information in his tax clearance certificate.
The court has directed that the first runner-up in the primary election of the Peoples Democratic Party (PDP), Sampson Uchechukwu Ogah, should be issued the certificate of return by the Independent National Electoral Commission (INEC) and be sworn-in as governor.
In his ruling, yesterday, Justice Okon Abang held that Ikpeazu was not qualified to contest the primary election of the PDP, which held on December 8, 2014, because he made false declaration in his INEC Form CF001 containing information of his tax certificate and personal income tax payments (P.A.Y.E.).
The Independent National Electoral Commission, INEC through its Deputy Director of Communication, Mr. Mr. Nick Dazang, said, “I’ve read the judgment. INEC as a law abiding commission will comply.” One of the defence counsels to the sacked governor, Val Offia, said the judgment was full of errors which will be challenged at the appeal court.
While delivering judgment on two separate pre-election suits filed by Ogah and two indigenes of the state – Obasi Uba Ekeagbara and Chukwuemeka Mba – Justice Abang said, “Ikpeazu perjured when he swore that he has completed the necessary requirements of the law.
“He has himself to blame here. He ought not to have declared that he fulfilled the requirements of Article 14(a) of Part IV of the PDP Electoral Guidelines for Primary Elections and Section 87(4) (B) of the Electoral Act, 2010, when he has not qualified to participate in the primaries of 8th December, 2014,” he said.
The judge identified seven “clear evidences” of discrepancies in the governor’s tax records, and questioned why tax clearance certificate for three years: 2011, 2012 and 2013 were paid in one day. The judge noted that the receipt for one of the tax certificates bore the date of December 31, 2011, which was a Saturday, saying: “I am aware that the staff of the department in Abia State cannot work on Saturday.”
Alex Izinyon (SAN), counsel for Ogah had contended that the information submitted to INEC in Form CF001 as it relates to the Abia State Primary Education Board Testimonial number: 194192 was false. Ogah had challenged the authenticity of the governor’s Income Tax Clearance Certificate with reference number: SPA/HQ/2437, serial number: 095827 showing payment of his income tax for year 2011, 2012 and 2013; the state Pay As You Earn (P.A.Y.E.) receipt no: ITR 0012846 dated 31/12/12; and the P.A.Y.E. with receipt number 31/12/13.
The defence counsels, Adegboyega Awomolo (SAN), Onyechi Ikpeazu (SAN) and Val Offia in their submission, told the court that the documents were produced in error because as a former government employee, having served as 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, the governor’s tax were deducted at source.
However, the Chief Press Secretary to the governor, Enyinnaya Apollos, in a statement said the governor has appealed to the citizens for calm over the ruling of the Federal High Court. “Dr Ikpeazu maintains that he remains the governor of the state according to law and will await the final determination of the matter by the appellate courts,” he said.
