A five-man panel of Justices of the appeal court sitting in Abuja on Tuesday reserved its judgment on appeal challenging the removal of Governor Okezie Ikpeazu of Abia State from office over alleged tax fraud.
The Justices, led by Justice Morenike Ogunwumiju postponed the matter for judgment after it heard six separate appeals that came up from verdict of the Federal High Court in Abuja that removed Ikpeazu.
Justice Okon Abang had on 27th June ordered Ikpeazu to vacate the governorship seat immediately just as he directed the Independent National Electoral Commission, INEC, to issue new Certificate of Return to Mr. Sampson Uche Ogah who came second in the gubernatorial primary election the Peoples Democratic Party, PDP, conducted in Abia State on December 8, 2014.
Justice Abang said he was satisfied that Ikpeazu perjured by giving false information in the Form CF001 and documents accompanying it, which he submitted to both PDP and the INEC.
However, both Ikpeazu and the PDP had on Tuesday through their lawyers urged the appellate court to set-aside the high court judgement which they said has occasioned a huge miscarriage of justice.
Chief Wole Olanipekun, SAN, arguing Ikpeazu’s appeal, insisted that Justice Abang acted beyond his powers and misdirected himself in law.
According to the him, “The trial judge erred in law when he ordered as a consequential order that the appellant vacates his office as the Governor of Abia state immediately when there was no jurisdiction in the Federal High Court to remove, vacate the occupier of the office of the governor of a state or order the removal of such officer after the unsuccessful challenge of the result of the election at the Tribunal and swearing in of the appellant as the governor.”
The He contended that the only power, authority and order exercisable by the trial court was to disqualify a candidate from contesting election based on section 31(6) of the Electoral Act 2010. Ikpeazu faulted Justice Abang for arriving at the conclusion that he did not pay his tax for the years 2011, 2012 and 2013, as at when due.
