The governor of Abia state, Okezie Ikpeazu
is in fresh trouble as the Nigerian
Supreme Court has ordered the Federal
High Court to retry the case challenging
the fraudulent payment of taxes that enabled his
qualification to contest the governorship election
of the state.
Some of his opponents in the People’s
Democratic Party led by Obasi Uba Ekagbara and
Chukuemeka Mba had dragged him to the
Federal High Court via suit FHC/ABJ/
CS/1086/2014 over his eligibility to contest in
the primary election conducted for governorship
aspirants of the party in the state during the last
election in 2015. Even though he won the
primary, his opponents alleged that he did not
qualify to contest as he did not pay his taxes of
years 2011, 2012 and 2013 as at when due.
The plaintiffs dragged Ikpeazu, the People's
Democratic Party and the Independent National
Electoral Commission (INEC) and produced
convincing evidence at the Federal High Court
that taxes allegedly paid for the three years were
paid on the same day and therefore faulted the
authenticity of Ikpeazu's tax clearance certificate
and the information contained in his INEC "Form
CF100". Ikpeazu had no answer to the
allegations but challenged the competence of the
Federal High Court Abuja to hear the case. The
trial court overruled his objection, but the Court
of Appeal sided with him and ruled that the case
ought to have been filed at the Abia State High
Court.
Dissatisfied with the judgment Ikpeazu's
opponents took the matter to the Supreme
Court. In its judgment handed down last Friday
by five Supreme Court justices led by Justice
Mohammed Muntaka -Coomassie, the court
faulted the decision of the Court of Appeal and
affirmed the competence of the Federal High
Court Abuja to try the case.The justices then
remitted the case back to the Federal High Court
for the expedited trial of the tax fraud case
challenging the eligibility of Ik[eazu to contest
the governorship election. And to ensure that the
hearing is not delayed the Supreme Court
ordered the Chief Judge of the Federal High
Court of Nigeria to ensure that the case is
heard and determined expeditiously.
If Gov. Ikpeazu loses the pre-election case at the
Federal High Court, he will be ordered to vacate
the office of the governor of Abia state since he
was not competent to have contested talk less
of winning the election. The recent ruling shows
that Ikpeazu has not been able to counter the
serious allegation from his opponents that he
fraudulently and criminally evaded payment of
taxes to the federal government until he began
running for election.
In another development, the court of appeal,
sitting in Owerri has ruled that it was Alex Otti of
All Progressives Grand Alliance (APGA) and not
Ikpeazu won the governorship election conducted
in Abia state on April 11, 2015. An appeal filed
by the embattled Governor is pending at the
Supreme Court for adjudication. If Ikpeazu loses
at the Supreme Court, he would also be forced
to vacate office.
Sahara reporters.
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