Since June 27, when the Federal Court of Appeal Abuja, presided over by Justice Okon Abang declared Uche Ogah the governor of Abia state and ordered the Independent National Electoral Commission (INEC) to issue him with a certificate of return, there is palpable tension and looming scent of anarchy in God’s Own State. The court premised its decision on the fact that Ikpeazu was not qualified ab-initio as he failed to pay his taxes as required by law before contesting in the PDP primary election which Ogah challenged in the court. In fact, the court said evidence before it showed that Ikpeazu did not file his tax clearance in 2011, 2012 and 2013, saying all payments he made before the 2014 primaries of the PDP were made in one day (on a Saturday) and not as at when due. The electoral commission has already complied with the court order. This judicial outcome rightly defines Abia as one kingdom with two kings. If the authorities, institutions and individuals saddled with the responsibilities of implementing law and order do not rise up to their responsibilities, Abia might sooner than later burst into political conflagration. May God forbid!
Abia state government through its Attorney General of the State and Commissioner for Justice, Umeh Kalu has accused the INEC of complicity in the discharge of its statutory functions. He argued that the commission was served with the notice of appeal and application for stay of execution two days before Ogah was issued a certificate of return. INEC in defence averred that it was only obeying court order adding that it acted within the ambit of its responsibilities promising that at any time another court directs otherwise, it will always comply accordingly. The law grants Ikpeazu the grace of 21 days to appeal the FHC Abuja’s decision but it does not in any way stop INEC from obeying the court order. However, it is indeed apposite to interrogate the rationale behind the issuance of certificate of return to Ogah despite the receipt of service for stay of execution by INEC.
The reason why Abia state government is jittery and crying wolf was not far-fetched. First, the credibility of INEC as an unbiased umpire in some electoral matters since 1999 has been called to question. Therefore, to believe that the law will adequately take its course despite the suspicious position of INEC may be politicallay suicidal. Second, the age long tradition of integrity of the courts has eroded, has been flagrantly abused and in short supply today. Recent decisions of our courts are somewhat preemptive and nothing to write home about. For quite some time now, the judiciary has not proved its neutrality and has not lived up to its billing of the last hope of the common man. The courts have as it pleases them been involved in unprecedented judicial summersaults and abracadabra especially as it relates to election matters. Therefore, Ikpeazu’s group feels it will be an uphill task for their master to return to his exalted position if he ventures to vacate his seat as ordered by the court.
This matter is a crucial political game which could swing in favour any party. The group which fate and not the law smiles upon will laugh last but the certainty remains that the Supreme Court is the final destination of the matter is sure. Therefore, politicians, lawyers, traditional rulers and elites of the state have pitched tents based on “interests” and what to grab when the dust settles. The peoples’ Democratic Party has rallied around its own and vowed to stand behind him come what may. In Nigeria, politicians more often than not blame every other person for their misfortune apart from themselves. Let us raise some pertinent questions here. Did governor Ikpeazu submit an unworthy tax clearance? If so, did that action contravene any electoral principles which could eventually cost him his job? The Peoples’ Democratic Party in a statement entitled “Hijack Of Democratic Processes In Abia State” signed by the Abia State chairman of the PDP, Johnson Onuigbo, the party’s legal adviser, Ikechukwu Omenihu, and its spokesperson, Don Ubani, allude to the fact that an issue pertaining to tax clearance existed when reacting to the court’s ruling but pushed the blame instead to aides of Ikpeazu for lack of diligence in carrying out their responsibilities then. The party said, “Nigerians should be informed in no uncertain terms that (1) there is no requirement for payment of tax at all or as and when due in the Constitution, Electoral Act or INEC Nomination Form; the tax documents were included in the documents accompanying his Nomination Form by Dr. Ikpeazu’s aides by mistake; (2) The tax documents included by aides of Dr. Ikpeazu in the Nomination Form sent to INEC are genuine and there are absolutely no false entries in them and (3) Even if for purposes of argument (Not conceded), there were mistakes in the tax documents, Dr. Ikpeazu was not responsible for such mistakes and his mandate given by hundreds of thousands of Abia voters cannot be invalidated on the basis of a spurious and unfounded allegation.”
The court as a temple of justice must have seen the merits in Ogah’s case and dispensed same accordingly. It is within the right of governor Ikpeazu to appeal Justice Abang’s decision for eventual reversal of the judgement. Determined to retain his seat, Ikpeazu immediately ran to an Abia State High Court at Osisioma with an ex-parte motion, where he secured an order that stopped the Chief Judge of the state, Justice Theresa Uzoamaka Uzoukwu from swearing Ogah in as governor. Meantime, Ikpeazu subsequently re-approached the high court in Abuja, praying it to set-aside its order that led to the issuance of Certificate of Return to Ogah. The prayer was denied. Justice Abang, in a ruling on July 8, held that Ikpeazu’s sack remained valid until a higher court decides otherwise. “The order of the court subsists until set aside by the Court of Appeal. Therefore, the INEC lawfully issued Certificate of Return to Dr. Sampson Ogah as it was in line with the judgment of this court”, the judge held. The judiciary has turned out the battle ground of supremacy between governor Ikpeazu and Ogah as many other courts have delivered conflicting judgments for or against both. As a nation known to have huge political desperados, it is common to always circumvent the law and damn the consequences. However, anything that could endanger peace and engineer lawlessness in Aboard must be avoided by all means. The looming scent of anarchy in God’s Own State is palpable but above all, avoidable.
***Sunday Onyemaechi Eze, a Media and Communications Specialist.
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