Jul 15, 2016
The attention of the Federal High Court has been drawn to the misrepresentation of facts as published in some electronic and print media and comments by both legal practitioners and laymen on the correct facts of the cases involving the Abia State Governor and the Judgment of Hon. justice O. E. Abang and Hon. Justice A. L. Allagoa.
It should be stated and for the purposes of clarity that:-
* While Sir Friday Nwosu is the Plaintiff in the case before Hon. Justice Allagoa, Dr. Ikpeazu and Dr. Sampson Ogah, are Defendants.
* In the suit before Hon. Justice Abang, Dr. Sampson Ogah is the Plaintiff while Dr. Ikpeazu & Sir ‘Friday Nwosu are defendants.
The main relief in the case before Justice A. L. Allagoa, (where Sir Friday Nwosu is the Plaintiff) is bothered on forgery or falsification of Tax Certificate and/or Receipts for 2011, 2012, 2013 & 2014 as contained in. questions 4, 5, 6, 7, 8 Sr 9 of the writ.
The Hon. Judge held that a mere nebulous averment is not enough for the purpose of pleading the crime of forgery. Forgery is a criminal offence and must be proved which the Plaintiff failed to do.
The Court further held that by the affidavit of the Director of Taxes, Abia State testifying that the documents are genuine, the Court held that there was presumption of genuineness of the assessment and the Certificate and/or receipts issued to Dr. Okezie Ikpeazu.
The Court further held that the consequential reliefs have become unnecessary for the Court’s consideration.
It should be noted that the Court did not make any Consequential Orders with regard to the position of the Governor other than the allegation of forgery.
However the case before Hon. Justice Abang is that Dr. Okezie Ikpeazu submitted form CF001 to INEC which documents were alleged to contain false information. They are two different suits and two di fferent subject matter.
* The Court held that the conduct of the Plaintiff in the case in Owerri cannot create an estoppel. He held that the information in Form CF.001 as shoWn by him in the affidavit accompanied with other dOcuments to INEC are false and has nothing to do with forgery.
* The Court therefore made consequential orders that under the doctrine of “lis pendens”, which disallows any transfer of rights or interest in any subject matter that is being litigated upon during the pendency of litigation in respect of the said subject matter, and accordingly declared.
* Dr. Sampson Ogah as the winner of the PDP primaries and should be issued with Certificate of Return accordingly.
EMMANUEL GAKKO ESQ.