Abia : Ouster of Ikpeazu, a “miscarriage of justice” – Appeal court

The Abuja division of the court of appeal has in very strong worded terms, overruled and set aside the Judgement of Justice Okon Abang of an Abuja Federal High Court, which has sent the governor of Abia state Okezie Ikpeazu, packing, entrenching certificate of return on Samson Ofan, another Peoples Democratic Party (PDP), Guber candidate.

Justice Morenikeji Ogunwumiju, who led a panel of 5 justices in delivering Judgements in separate appeals filed by the PDP and Ikpeazu against the June 27, 2016 ruling of Justice Abang, noted that the lower court spoke “from two sides of the mouth”, when it averred that the matter was not bothered on forgery but later ruled that the tax clearance certificates were forged.
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The appellate court faulted Justice Abang’s ruling on the grounds that he allowed the I!operation of the term, “as at when due without taking into cognisance the 2014 constitution of the PDP”, which was said to have been expunged from the 2014 reviewed constitution of the PDP.

“If the learned judge cannot understand how civil servants conduct their affairs does not mean the procedure is wrong, if there is no falsification on the tax clearance certificate , it is of no means to the present movement.

“It is of my view that the judge committed the offence of not hearing the other side : by not listening to Okojie, a director at the Abia state tax clearance office, he had shut out the other side.there is no justification in law and facts in some of the orders made by the trial judge”, the could held.

Justice Abang had failed to consider the affidavit of Okojie saying that, the affidavit was only an after thought, a situation which the appellate court describe as a missed opportunity which the court could have used to properly evaluate the document before him.

The court also faulted the order for issuance of certificate of return to Ogah, premising his stance on the authority of Ameachi against PDP, which the appellate court said wrong as the related trial court then, only ordered for Ameachi to be sworn in.

In a separate judgement, the court further held that the appeal was not later in time after the matter filed before the Abia state high court, which amounted to an unfounded preliminary objection filed by counsel to Ogah.

Justice Ogunwumiju, further held that : “my humble opinion is that the trial judge in his chambers calculated the appellant’s income : How can a trial judge engage in such a hostile justice