ABIA GUBER: Gov Ikpeazu Wins As A’Court Nullifies FHC Ruling

Gov. Okezie Ikpeazu

COURT of Appeal sitting in Abuja on Thursday has set aside the order of the Federal High Court which ordered Abia State governor, Dr Okezie Ikpeazu to vacate office following alleged falsified tax certificate he presented to his party, Peoples Democratic Party in view of his election for the office of the state governor.

In a lead judgment delivered by Justice Ibrahim Shata Bdilya, the court held that the removal of the governor from office over the tax certificate officially issued to him as a civil servant was erroneous and consequently declared the ruling baseless, null and void....

“The issue of tax clearance which puts the burden of proof on the Governor on the tax issues, was not an issue, with regards to a civil servant or public officers whose tax is deducted at source and of which the first respondent was one.

“I do not agree with the trial judge that it is the second respondent that is the governor that supplied the information to the tax office. But as a civil servant his tax is deducted at source and imputed by the tax office.

“That would have been true if he had a private business on the side, for which he would have been required by law to declare to the tax office.

“If the trial judge cannot understand how civil servants tax clearance works he ought to have sought clarifications.

“The challenge in the originating summons in relation to tax clearance is not anywhere near the narrow view envisaged by the Electoral Act.

“There is no allegation of non-payment of tax but that the documentation was false. I therefore resolve this ground in favour of the PDP.

“It is my view that the judge committed a great injustice to the rules of natural justice by not listening to all sides In the case.

“By not listening to the Chief tax officer in defence of the Governor he had shut out their opportunity to defend themselves.

“By failing to consider the application of one James Okeji, a director in the Abia State tax office and on the other hand saying that it was an afterthought, the High Court Judge missed a golden opportunity to give all sides opportunity, thereby abandoning his training as a judge,” the Appeal Court held.

On the issuance of certificate of return to the Samson Ogah, Justice Bdilya stated that the trial judge erred adding that if at all the court was convinced that the governor is unqualified, the right thing will be to order for the swearing-in of the plaintiff and not issuing a certificate of return to someone that never contested election.

“That is why in the case of Rotimi Amechi the Supreme Court ordered that he should be sworn in and not issued a certificate of return.

“There is a laid down proceedings as to how a certificate of return should be issued to a person”, Justice Bdilya said