Following the decision of the Supreme Court to return tax suit between
Governor Okezie Ikpeazu and Sir Friday Nwosu to the Court of Appeal, the
Court has fixed Thursday June 15, 2017, to hear and determine the matter.
The Supreme Court had on May 22, 2017, granted an application by Nwosu’s
counsel, Chief Solomon Umoh (SAN) to allow the Court of Appeal, to deliver
judgment on the appeal.
A hearing notice signed by the senior registrar, Court of Appeal, Owerri
Division, read; “In the Court of Appeal, Owerri. Appeal No.CA/OW/190/2016,
between Sir Friday Nwosu (Appellant) and PDP &others (Respondents). Take
note that the above mentioned appeal has been fixed for hearing/motion/
judgment before the Court of Appeal sitting at Port Harcourt road, Owerri,
on Thursday 15th day of June, 2017.”
Nwosu, who contested the December 8, 2014, PDP governorship primaries in
Abia state, accused Ikpeazu of declaring false information and submitting
forged tax clearance certificate to his party and INEC and prayed the
Court to disqualify Ikpeazu and declare him (Nwosu) the lawful PDP
candidate in the 2015 election, but Federal High Court, Owerri, on July 8,
2016, cleared the governor of allegation.
Faulting the judgment of the Federal High Court, Owerri, Nwosu had
appealed to the Court of Appeal. On December 2, 2016, a 5 man panel of the
Court of Appeal, sitting at Owerri, headed by Justice R.C. Agbo, declined
judgment on the appeal. Based on the decision, Nwosu further appealed to
the Supreme Court who returned to the Court of Appeal for determination.
Judicial sources told pointblanknews.com that the issues for determination
are whether the Pay As You Earn, (PAYE) income tax receipts and tax
clearance certificate presented to the PDP and INEC by Ikpeazu contained
false information and whether the governor lied on oath on the information
submitted.
According to them, these issues will be determined by the Court of Appeal
in line with section 31(6) of the 2010 Electoral Act as amended and as
specifically directed by the Supreme Court on May 22, 2017 when the said
section 31(6) will apply.