Counsel to Sir Friday Nwosu, Chief Solomon Umoh(SAN), has told a five
man panel of the Court of Appeal sitting at Owerri Division , Imo State,
that Governor Okezie Ikpeazu, presented false tax information to the
Independent National Electoral Commission(INEC) for the 2015 governorship
election.
He prayed the Court to disqualify Ikpeazu and declare Nwosu the lawful
candidate of the PDP in the 2015 governorship election in Abia State, and
order his swearing- in as Governor.
The Senior Advocate who was represented by Abel Ozioko argued that Ikpeazu
presented false information to INEC on his affidavit in support of his
nomination in Form CF001 as well as his PAYE tax clearance certificate and
receipts for 2011, 2012 and 2013, stressing that the offence is punishable
under Section 31(6) of the Electoral Act 2010, as amended.
Counsel to Governor Ikpeazu, Chief Theo Nkire had filed a motion seeking
the dismissal of Nwosu’s appeal based on the decision of the Supreme
Court in the Uche Ogah vs Ikpeazu case, SC/ 717/2016, SC/719/2016 and
SC/739/ 2016, delivered on May 12, 2017. The motion was supported by
Counsel for INEC, Jude Nnodum , SAN and Uche Ogah, O.J. Nnadi, who were
represented, as well as Dr. Livy Uzoukwu representing the PDP. They agreed
with Nkire that the Court lacked jurisdiction to hear Nwosu’s appeal
claiming that it had become academic and urged the Court to dismiss it.
During the announcement of appearances for parties, Dr. Livy Uzoukwu, SAN
and B.O. Nafagha, were at each other throat over who should represent the
PDP. But after listening to both counsel, the presiding Judge, Justice
Jimi Bada upheld Uzoukwu’s appearance.
But Nwosu’s counsel insisted that neither the Supreme Court nor the Court
of Appeal has given any decision on whether Ikpeazu presented false tax
information on oath to INEC or not, and urged the Court to hear the appeal
on merit.
He further urged the Court to reject the arguments of the respondent
counsel, stressing that the Supreme Court had in suit No SC/739/2016,
delivered on May 12, 2017, upheld that Nwosu and Ogah has rights of action
to pursue their separate suits under Section 87(9) of the Electoral Act
2010, as amended.
After listening to the arguments of counsel, the Court reserved ruling on
whether it has jurisdiction to hear the case on a date to be communicated
to all parties