From Chuks Onuoha, Umuahia
The five-man-panel of the Court of Appeal sitting in Owerri, Imo State capital, has reserved ruling on the motion filed by Governor Okezie Ikpeazu of Abia State, praying the court to dismiss a case of alleged submission of false tax information on oath against him.
The motion was filed against Ikpeazu by a contestant in the December 8, 2014 Peoples Democratic Party (PDP) governorship primaries in Abia State, Sir Friday Nwosu.Livy Uzoukwu (SAN) and B. O. Nafagha, two lawyers, who claimed to be representing PDP in the suit had during the hearing of the matter, exchanged hot arguments over who should represent the PDP. But, for the intervention of the Presiding Judge, Justice Jimi O. Bada, who resolved to uphold Uzoukwu’s appearance, the development would have caused much delay over the hearing of the matter.
Ikpeazu had through his counsel, Theo Nkire, argued that the court has no jurisdiction to hear the appeal No. CA/OW/190/2016, based on the judgment of the Supreme Court in the Uche Ogah vs Ikpeazu case, with NO. SC/ 717/2016, SC/719/2016 and SC/739/ 2016, delivered on May 12,2017. Nkire argued that the case of Nwosu and Ogah, involved the same parties, subject matter and facts, stressing that since the sister suit had been decided by the Supreme Court, the case had become an academic exercise.
Counsel for INEC, Jude Nnodum , SAN; Uche Ogah, O.J. Nnadi, who were represented, including Livy Uzoukwu SAN, for the PDP, agreed with Nkire and urged the Court to dismiss the appeal.
Then Counsel for INEC, Jude Nnodum , SAN; Uche Ogah, O.J. Nnadi, who were represented, including Livy Uzoukwu SAN, for the PDP, agreed with Nkire and urged the Court to dismiss the appeal.
However, in his argument, Nwosu’s counsel Solomon Umoh, SAN, explained that Ikpeazu presented false information to INEC on his affidavit in support of his nomination in Form CF001 as well as the PAYE tax clearance certificate and receipts for 2011, 2012 and 2013.
Umoh, whom Abel Ozioko held brief for explained further that the offence is punishable under Section 31(6) of the Electoral Act 2010, as amended.
Ozioko further stated that neither the Supreme Court nor the Court of Appeal has given any decision on whether Ikpeazu presented false tax information on oath to INEC or not, and urged the Court to hear the appeal on merit.
While praying the Court to reject the arguments of the respondent counsel, (Nkire, Uzoukwu, SAN and Nnadi, SAN), Ozioko added that the Supreme Court had in suit No SC/739/2016, delivered on May 12, 2017, upheld that Nwosu and Ogah has rights of action to pursue their separate suits under Section 87(9) of the Electoral Act 2010, as amended.
After listening to the arguments of all the parties, Justice Bada declared that the parties will be communicated on the date for the ruling.