Still discordant tunes over Abia governorship

Abia PDP set to sanction erring members

The Abia State chapter of Peoples Democratic Party (PDP) has faulted the Certificate of Return issued to Dr. Samson Ogah by the Independent National Electoral Commission (INEC), which resulted from the judgment of the Federal High Court, Abuja that ordered the removal of Governor Okezie Ikpeazu from office.

But in a contrary view, a lawyer and former Spokesperson for the Federation of International Women Lawyers (FIDA), Mrs. Nkechi Chukwueke insisted that the annulment of Governor Ikpeazu’s election and the directives that the INEC should swear in Ogar, as the governor of Abia State, stands.

The State Publicity Secretary of the party, Mr. Okwubunka Ubani, while interacting with the media also said possible disciplinary action might be imposed on some members led by Chidi Nwosu, who recently visited Senator Ali Modu Sheriff, the former interim national chairman of the PDP, to instigate him to organise another state congress and elect new state executives instead of the one held on 10 May that produced Chief Johnson Onuigbo, as chairman.

It would be recalled that while the Nwosu led faction recognised Sheriff as the PDP national chairman, the Onuigbo led state executive, which has Ikpeazu, as the state leader, identified with Senator Ahmed Markarfi’s national caretaker committee.

According to Ubani, “If the Certificate of Return issued to Ikpeazu and Ogah were to be placed side by side, it would be clear that Ogah was not seemingly considered a candidate in the April 25 supplementary election. The said certificate issued to Ogah could not be effective or authentic as to qualify his declaration as the state governor.”

Meanwhile, Chukwueke, in defense of Ogah said. “Speaking from a legal perspective, I make bold to say that by the strength of that landmark judgment, Ogah is the governor of Abia state because he has the Certificate of Return.  Ikpeazu was never meant to be there because he made a false declaration.

“The content of the certificate he presented for his tax clearance is faulty; you cannot put something on nothing and expect it to stand. From the moment that Certificate of Return was issued to Ogah, the one in the custody of Ikpeazu is no longer valid. So, Ikpeazu occupying the seat of Abia State governor after that judgment was null and void; in the eyes of the law, he is no longer the number one citizen of Abia state.”

She said what was expected of Ikpeazu, as a law abiding citizen, was to obey that court order and vacate the seat because immediately the judgment was given, INEC promptly complied; Ikpeazu should have done the same. He has a right of appeal even to the Supreme Court but that should have been after he has obeyed the judgment of the Federal High Court asking him to vacate the office and Ogah sworn-in.

She added that if at the end of the day, the Supreme Court upturns the judgment of the lower court; Ogah would vacate the seat “two governors cannot be occupying a single seat. If Ikpeazu continues to occupy that seat after the judgment affirming Ogah, then his action is illegal.”

She added that the fact that INEC complied with that judgment was instructive. “The commission must have done a thorough investigation with their legal team and then decided to obey the order.  Ikpeazu should have done the same. When a judgment is given by a court, even if that court is a magistrate court, that order must be obeyed whether the judgment is good or bad, favourable or not. It should be obeyed until a higher court sets it aside. A magistrate court order cannot be set aside by another magistrate court.”

With regard to the order given by an Abia State High Court in Osisioma barring the Chief Judge from swearing-in Ogah, after the judgment of the Federal High Court, Chukwueke said: “That to me is an illegal act. It was a kangaroo judgment; it is borne out of desperation and a total disrespect for legal authority.”

It would be recalled that an Abuja Federal High Court presided over by Justice Okon Abang had on Monday 27 June 2016, based on Ogah’s petition seeking governor Ikpeazu disqualification as the authentic PDP candidate in the state 2015 gubernatorial election following Ikpeazu’s alleged Tax Certificate irregularity, ordered that governor Ikpeazu’ should vacate office as governor and Ogah be sworn in immediately as the state governor.

It was consequent upon this Abuja court Order that INEC issued Ogah the said Certificate of Return to be sworn into office. But Ogah is yet to be sworn into office due to the Stay of Execution of the Court Order issued by the Osisioma High Court.