TheCable

The appeal court sitting in Abuja has reserved judgement on an application challenging the jurisdiction of the court to a hear the appeal of Okezie Ikpeazu, the Abia governor sacked by a high court.

Ikpeazu was sacked by the court due to “discrepancies” in his tax documents at the instance of Uche Ogar, whom he contested the Peoples Democratic Party (PDP) primary with in Abia state.

At the court on Tuesday, Alex Iziyon, counsel to Ogar, said it was as an abuse of court processes for the appellant to seek relief from the Abia high court and the appeal court at the same time.

Wole Olanipekun, counsel to Ikpeazu said the motion challenging the jurisdiction of the court to hear the appeal was done in bad faith because the Abia high court had ruled that all parties must respect the outcome of court proceedings.

A mild confusion later ensued in the court as two lawyers announced appearances for PDP in the appeal, Onyechi Ikpeazu appearing for the Ahmed Makarfi faction of the party and Olagoke Fakunle appearing for the Ali Modu Sheriff faction.

Fakunle, who claimed that the Sheriff faction was recognised by law, sought the court to stop the party’s appeal challenging Ikpeazu’s removal.

The five-person panel of justices led by Morenike Ogunwumiju said the court is not the place where the party could settle its difference. She however dismissed Fakunle and held that Ikpeazu was the counsel of the PDP recognised by the court.

Olanipekun had said the appellant had always been a public servant and it would be unimaginable for his tax papers to be questioned.

“The lower court in all respect misinterpreted the case. The lower court disqualified on basis on providing false document to the court,” he said.

“The court also said no lower court had done it before but it did it. The lower court was one-sided.”

He argued that the lower court misinterpreted the PDP guidelines in the appellant’s originating summons.

Responding to the appellant’s submission, Iziyon urged the court to dismiss the appeal of Ikpeazu.

“I am urging my noble lords to dismiss the appeal intoto,” Iziyon said.

He argued that the case was not of forged documents but of false information, which Ikpeazu provided under a commissioner of oath.

“He admitted that there was an error in the documents he submitted. In the face of the document submitted, the tax receipt and tax certificate, this is not the case of forgery but false information,” he said.

Iziyon said Ikpeazu admitting that there was a mistake in his tax documents was enough to dismiss his appeal based on the high court ruling.

Onyechi Ikpeazu, counsel to the PDP, argued that there was no where in the party guidelines where it required for tax documents as criterion to hold office.

Dismissing Iziyon’s submission, the lawyer said the Abia governor could only be disqualified if he tendered false documents required by law based on Section 31 (2) of the constitution to hold public office.

The PDP counsel said the first respondent (Ogar) failed to ask if the tax documents were filed at the appropriate time.

Responding, Iziyon counsel to Ogar, said though the PDP had stated at the lower court that the requirement of tax documents was put into the party’s guideline in error, the false documents were still evidence before the court.

“I pray there will never come a time in Nigeria where tax documents would not be required for governors or presidents,” Iziyon said.

After hearing all the parties involved, Ogunwumiju reserved judgementto a date “to be communicated soon”.