A Federal High Court sitting in Abuja on Monday sacked Governor Okezie Ikpeazu of Abia State from office.
Mr Samson Ogah of the Peoples Democratic Party, PDP had instituted a case at the court accusing Ikpeazu of filing false information to the party in his tax clearance certificate prior to the governorship primaries in 2014.
In his ruling, Abang ordered Ikpeazu to vacate office with immediate effect. He also ordered the Independent National Electoral Commission, INEC to immediately issue a certificate of return to Ogah as the duly elected governor of Abia State.
The judge explained that the court relied on the Supreme Court decisions in the case of Obi vs INEC and Ameachi vs INEC to make the consequential order.
"It is hereby ordered that INEC, the third defendant should immediately issue certificate of return to Dr Samson Ogah as governor of Abia state in the election held in 2015 and restore to him all the entitlements as the elected governor of Abia.
"Dr Okezie Ikpeazu is hereby ordered to vacate office as governor of Abia immediately relying on the decision of the Supreme Court in INEC vs Obi,’’ he said.
According to the court, Ikpeazu’s appointment letter as General Manager, Abia Passenger Integrated Scheme on July 18, 2011 spelt out his salary and entitlements.
"Going by the appointment letter, Ikpeazu would have worked for Abia Passenger Integrated Scheme for five months 12 days.
"The earnings of the second defendant based on the letter of appointment by single calculation in 2011 for five months 12 days is N493 or N546, 669 if not assigned government vehicle.
"The tax payment submitted by the second defendant didn't reflect this figure,’’ the court held.
Abang noted that the tax certificate indicated the gross earnings of Ikpeazu for 2011 to be N1.14 million and his income tax was assessed on this figure.
He also pointed out that the date on the tax receipt filed by the governor was on a Saturday, adding that Saturdays , even in Abia State are public holidays.
The judge also noted that Ikpeazu did not file his tax clearance in 2011, 2012 and 2013 and that all his payments before the 2014 primaries were made in one day and not as and when due.
Abang therefore held that Ikpeazu lied on oath when he said that he had fulfilled all the requirements to contest the 2015 governorship elections.
He also held that Okezie Ikpeazu was not qualified to contest the PDP primaries of 2014 and was also not qualified to be fielded as the party's candidate for the 2015 governorship election.
Justice Abang ruled that Ogah was the qualified candidate to contest as the governorship candidate of the PDP in the 2015 election and his name ought to have been forwarded to INEC as the PDP candidate.
Finally, he held that Ikpeazu did not win the PDP primaries since he was ineligible or unqualified to contest the poll.
He therefore awarded N100, 000 cost against Ikpeazu.
NAN
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