The Chairman of the Coalition of Ethnic Nationalities of Nigeria, Dr. Fredrick Fasehun, has described the judgement that removed Abia State governor, Dr. Okezie Ikpeazu from office as judicial rascality.
Fasehun, alongside several civil society groups was speaking with newsmen, yesterday, where the coalition noted that judiciary now takes sides with the prosecution and the government on corruption or money-laundering cases.
He further stated that the huge bail bonds being posted on accused persons appear rather judgmental.
His words, “The latest of what many well-meaning Nigerians like me see as a landmine is the current political confusion in Abia State.
“Justice Okon Abang of the Federal High Court sitting in Abuja last week ruled in favour of a petition brought by Mr. Uchechukwu Ogah, and ordered that the Independent National electoral Commission, INEC, issue the Litigant a Certificate of Return and he should be sworn in immediately in place of the sitting Governor of Abia State.
“Such an order is not only provocative but also injudicious, strange and very insensitive. It shows inordinate and suspicious haste on the part of the Honourable Justice.
“It flies in the face of the law and against common sense.
“The Judiciary in other places always strives to dispense justice and fairness to both the Litigant and the Respondent, and allows everyone to exercise his right to fair hearing to the maximum, through appeals made to higher courts, in this case the Court of Appeal and the Supreme Court.
“What if the case had been one of homicide and the death penalty passed, would the Honourable Judge order that the prisoner be executed immediately, depriving the accused his chance to appeal?
“Justice Abang was playing God, arrogating to himself powers that he did not have. The National Judicial Council, NJC, must investigate and take a stand against the Honourable Judge’s licentious haste and abuse of court process.
“The facts of the case actually make you know that both this case and the judgement accruing are strange.
“As I am made to understand, before resigning to contest the governorship polls, Governor Ikpeazu had been in the state civil service for the last 25 years, meaning that, technically and administratively speaking, his tax is deducted from source. Such a person pays tax automatically.
“His employer, the government, deducts the tax even before the man sees his payslip, and the payslip informs him of the tax deducted and actual take-home.
“That is routine. And then the Abia State Internal Revenue Service body has confirmed the authenticity of the clearance certificate issued. So where did the Judge get the notion that the Tax Certificate issued was fake?
“Fundamentally, however, tax payment and the presentation of tax clearance certificates are not a prerequisite for contesting an election. Neither the Nigerian Constitution nor the Electoral Act makes tax payment a demand.
“Therefore, the case, solely based on this peg of non-payment of tax, should have been dead on arrival concerning the qualification of anyone interested in running for the post of Governor, Section 177 of the Constitution.”
Federal High Court Judge, Justice Okon Abang had on June 27, 2016, ordered the Independent National Electoral Commission, INEC, to immediately issue Certificate of Return to Dr. Uche Ogah, who had the second highest number of votes in the Peoples Democratic Party, PDP, primary election in the state.
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