The Court of Appeal sitting in Abuja on Thursday nullified the sacking of Governor Okezie Ikpeazu of Abia State by Justice Okon Abang of the Federal High Court, Abuja whom it said “stood the law on its head”, and adopted a “hostile proceeding” against Ikpeazu and the Peoples Democratic Party, PDP.
In a unanimous decision read by Justice Morenike Ogunwumiju, the five-man panel of Judges of the Court of Appeal vacated the June 27 verdict of Justice Okon Abang which had sacked Governor Okezie Ikpeazu on the
allegations of forgery and tax fraud brought against him by Mr. Sampson Ogah.
The appellate court held that the charges were “very contentious” and Justice Abang was wrong to have determined the case based on an Originating Process rather than Writ of Summons.
The Court of Appeal held that Justice Abang “spoke from two sides of his mouth”, when in one breadth, he said that the case before him bordered on Ikpeazu’s submission of forged tax certificate, and on another breadth, insisted that he was not invited to try a case of forgery.
“You cannot say that a document is forged and still say that the matter is different from making a forged document under the criminal code.”
It noted that Justice Abang said that the case before him was not about forgery but went ahead to find Ikpeazu guilty of perjury.
The appellate court pointed out that the taxes of public officers were withdrawn at source, noting that it would have been a valid argument if there was proof that Ikpeazu, being a public officer, ran a viable business but failed to properly pay his tax.
“If the learned trial judge cannot understand how civil servants present their tax clearance certificates, does that mean that they are forged?” Justice Ogunwumiju queried.
The appellate court noted that the 2014 Guidelines of the PDP did not in any way demand that one of the qualifications for aspirants was payment of tax “as at when due”, saying that the phrase was imported by Justice Abang from “the figment of his imagination.”
The appellate court said the trial judge “sat in the comfort of his chamber” and made findings that could not be supported by evidence.
“I found with the greatest respect, the reasoning of the trial learned judge ridiculous. How does the submission of tax papers on a Saturday, under section 31(5) of the Electoral Act, amount to forgery? For crying out loud, must we trivialise everything?” Justice Ogunwumiju asked.
She held that having appraised the tax papers submitted by Governor Ikpeazu, “I did not see anything spectacular or irregular in it. I cannot see my way to agree that the tax papers submitted by the 1st respondent is irregular or ipso facto forged."
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