By Sam Esiaba
It is no longer news that Abia State governor, Dr. Okezie Ikpeazu, is facing a tax certificate forgery suit filed against him by one of the aspirant in the December 8, 2014 PDP governorship primaries, Barr. Friday Nwosu. The tax forgery case in Suit No; FHC/AB/CS/184/2015, FHC/ UM/64/2015, FHC/OW/CS/191/2015, Sir Friday N. Nwosu vs PDP and 3 others, had gone on from one Federal High Court to the other for over one year now, with Gov. Ikpeazu playing all kinds of delay tactics to frustrate the speedy conclusion of the pre election matter. The parties in the suit stand as follows; PDP -1st defendant, INEC – 2nd defendant, Gov. Ikpeazu -3rd defendant, and Dr. Sampson Uche Ogah- 4th defendant.
Barely two months after the party primaries, had Nwosu had filed a suit at the Federal High Court alleging that the Abia state governor forged his tax papers in 2011, 2012 and 2013 where Ikpeazu even paid tax on Saturday which is a non working day in Nigeria. Ikpeazu’s tax papers were also marred by several discrepancies. For instance, in several Abia government agencies like ASEPA, ASPIMS, where he was appointed head around July, his tax papers portrayed that he paid tax covering January to December when in fact, he was appointed in July. However, it is left for the learned Jurists of the Federal High Court to deliver justice, only if the governor will stop trying to dictate which Judge to hear the matter.
Ikpeazu’s body language appears that he doesn’t want the matter concluded. The tax forgery suit against the governor which is a pre election matter had gone on for more than a year now. It is on record that Gov. Ikpeazu’s counsels had petitioned the Chief Judge of the Federal High Court, Justice Ibrahim Auta against three Judges hearing the matter. In Suit No.FHC/ABJ/CS/71/16 being heard by Justice Adeniyi Ademola, which is also a tax forgery suit instituted against Ikpeazu by Dr. Sampson Uche Ogah, Ikpeazu had through Barr. Uche Ihediwa, a serving commissioner in Abia State, petitioned the Chief Judge against the Judge. Now, the case has been transferred to Justice Abang of Federal High Court 10, Abuja.
It is also on record that Ikpeazu’s counsels were responsible for the unnecessary delay of the matter under Justice F. A. Olubanjo at the FHC, Umuahia until the Judge withdrew after she was petitioned for alleged bias, taking over 6 months on the matter without progress.
Few weeks ago, it was the turn of Justice M.S. Shuaibu of the FHC, Kaduna who was on assignment to hear and conclude the matter at the Owerri Division, to taste the bitter pill of Ikpeazu’s petitions. Worried at the speed at which Justice Shuaibu was nearing the conclusion of the matter with the imminent adoption of written addresses by parties which had been stalled for over 8 months, Ikpeazu’s counsels again petitioned the Chief Judge asking for a withdrawal of the assignment order granted Justice Shuaibu. It didn’t matter to Ikpeazu and his lawyers that the Judge has been sitting on the matter on the strength of the order, now that he was about to conclude the matter, they began to fidget and objected to the assignment order. Justice on 28/4/2016 withdrew from the matter.
Consequently, the Chief Judge has directed the Presiding Judge of the Owerri Division, Justice I.A. Allagoa to hear and conclude the matter. The puzzle is; what is Ikpeazu looking for? Perhaps, a pliable Judge? God forbid. Why Ikpeazu has become desperate in this suit? Why is he frustrating every effort to hear and conclude the matter? Why won’t he allow justice to run its course? Why won’t Ikpeazu allow the court to vindicate or vilify him? Must the court and the justice system be dragged to the mud because someone wants to remain governor? Must the governor protest against every Judge assigned to hear the matter? He now wants to assume the responsibility of the Chief Judge to assign Judges to hear and conclude cases. It is up to the Chief Judge, Justice Ibrahim Auta to check this increasing demonization of his Judges by Ikpeazu.
Ikpeazu and his lawyers have resorted to deceiving and intimidating the court. They had earlier in February 2016, petitioned the Chief Judge against Justice Ademola at FHC 7 in respect of Obasi Ekeagbara vs PDP, Ikpeazu and INEC, asking him to remove the Judge to a Judge of Ikpeazu’s choice. It appears Ikpeazu and his lawyers must select their choice of Judge in any case involving him at the FHJC. They had earlier put Justice F.A. Olubanjo in trouble at the FHC, Umuahia, over the tax forgery.
Added to Ikpeazu’s desperation on the tax forgery suit is the speech allegedly made by Senator Theodore speech on Easter Monday, 28/3/2016, at Ugba Primary School Field, Umuahia and at his Umuahia residence, at Ochendo Close, Azikiwe Road, Umuahia, where he was said to have announced that those who are afraid of the tax forgery suit case against Ikpeazu should go home and relax and even sleep because he (Senator Theodore Orji) has finished the matter.
According to a source at the residence of the former governor, Senator Orji told his audience to wait that they will hear good news as he had finished the matter at the highest level of the Federal High Court. He further stated that he cannot install Ikpeazu as governor of Abia State and allow any Court in Nigeria to remove him. Senator Theodore Orji stated confidently that he has agreed with the Chief Judge of the Federal High Court to remove Justice M. S. Shuaibu (Judge) from concluding the case which he (Hon. Justice Shuaibu) had earlier on issued notice that he would take adoption on 14/3/2016, but adjourned to 18/3/2016, for adoption at the instance of 1st Defendant.
Senator Theodore Orji confided in his guests at his house that he gave huge sums of money, in hard currency for the purpose of finishing the tax forgery case against Ikpeazu, and that no normal person can refuse such money. What the Chief Judge is required to do is to remove the case from Justice Shuaibu before 28/4/2016 and that will be the end of the case till Ikpeazu’s tenure elapse in 2019.
A rundown of the tax forgery suit against Ikpeazu would suffice here. First, the matter was being heard by Justice Adeniyi Ademola at Federal High Court 7, Abuja and later transferred to the Umuahia Division then presided over by Justice F.A. Olubanjo who caused great to the speedy conclusion of the matter, through unnecessary adjournments.
For instance, Justice Olubanjo while sitting at FHC, Umuahia, in one swoop adjourned from 21/4/2015 to 20/5/2015 and on the 20/5/2015, all documents had been filed and exchanged and matter adjourned to 8/6/2015 for adoption but on the 8/6/2015 Hon. Justice F.A. Olubanjo did not sit but the clerk of court gave 26/6/2015 as new date as directed by the Judge.
When the matter resumed in court on October 7th, 2015, Hon. Justice F.A. Olubanjo, instead of taking the adoption of written addresses of counsel to all the parties which were all filed and exchanged on or before 20/5/2015 rather adjourned the matter to 19/10/2015 for no reason. It is on record that Defendants had as early as the matter started filed Motions of Preliminary objection as to the competence of the suit and jurisdiction of the court to hear and determine the matter which are all pending.
Justice Olubanjo did not for once caution 3rd Defendant’s lawyers who maintained the habit of filing his processes late and also not serving such processes except in court and on the day of the matter. One can reasonable conclude that Justice Olubanjo serial adjournment of the matter from 8/6/2015 to 26/6/2015, to 7/10/2015 and to 19/10/2015 for no reason was only to enable 3rd Defendant to bring a separate application to transfer the matter to the Abia State High Court which is the highest height of partiality and over indulgence.
Justice Olubanjo later withdrew from the matter and remitted the case back to the Chief Judge, Federal High Court, Abuja, Justice Ibrahim Auta. The Chief Judge transferred the matter to the Owerri Division then presided over by Justice S.M. Shuaibu. The mass transfer of Federal High Court Judges affected Justice Shuaibu who was posted to Kaduna Division, but was granted an assignment order by the Chief Judge to return to Owerri to hear and conclude the matter.
Now on the Justice Shuaibu’s case, when the matter came up for mention on 14/3/2016, at Owerri, it is adjourned to 18/3/2016. On that date, Ikpeazu’s counsel, Barr. C.C. Elele informed the Court that the assignment order granted Justice Shuaibu on the matter has been revoked, even as the Judge expressed surprise that he has no such letter from Justice Auta.
The Judge, lawyers and everybody in the Court were surprised at how Elele was the one informing Hon. Justice Shuaibu of official Information which the Chief Judge should communicate to him if it exists.
Visibly shocked at how a counsel will be the one to inform the court of such order instead of the Chief Judge, Justice Shuaibu later adjourned to 28/4/2016. Afraid that the Justice Shuaibu who had been very diligent on the matter may deliver judgment against them, Ikpeazu’s counsel petitioned the Chief Judge alleging bias against the Judge. When the matter resumed on 28/4/2016, Justice Shuaibu announced his withdrawal from hearing the matter based on the petition against him by Ikpeazu’s counsel.
While hearing the matter at the FHC, Owerri, Justice Shuaibu had warned parties in the suit to be careful as the matter is a pre election one which must be dispensed with urgently. In one instance during the hearing of the matter, Justice Shuaibu said in open court; “I will do my work and retire. This work; I will serve as a Judge and go on retirement. So, I want people to be careful.”
While urging the Chief Judge to ensure that the matter is concluded without further delay, It is trite to remind the Chief Judge that it is now common knowledge in Abia state that Ikpeazu and his camp have been boasting that they will be going from one court to the other until the expiration of his four year term which will render the case an academic exercise. Is the governor about actualizing this boast with the frequent change of Judges hearing the matter? Only time will tell. Abians look up to Justice Ibrahim Auta to ensure that the wheel of justice is not grounded to a halt in this tax forgery suit.
Esiaba, a Public Affairs Commentator, writes from Aba, Abia State.