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Appeal Court Berates Justice Abang …Proclaims Ikpeazu Abia Gov
The Court of Appeal in Abuja, yesterday, berated Justice Okon Abang of the Federal High Court in Abuja over his refusal to hands-off the suit that led to the removal of Governor Okezie Ikpeazu of Abia State.
The appellate court held that Justice Abang “placed the law on its head”, when he declined to suspend further proceeding on the matter, having been notified that an appeal had already been lodged against an interlocutory ruling he delivered on July 8.
A five-man panel of justices of the appellate court, led by Justice Morenike Ogunwumiju, equally faulted Justice Abang for “over- reaching his powers”, by wrongly interpreting the Appeal Court Rules.
Ikpeazu had, in his first appeal marked CS/S/390B/2016, urged the appellate court to determine whether Justice Abang was right to have proceeded with hearing and determining the suit against him, even when he was notified that the appellate court was already privy of the facts of the case.
He argued that Justice Abang was wrong to have gone ahead to interpret Order 4 Rules 10 & 11 of the Court of Appeal Act, after the record of appeal had been duly transmitted to the higher court.
He further maintained that the lower court ought to have suspended proceedings before it to abide by the decision of the appellate court.
Meantime, in a unanimous decision, the appellate court panel faulted Justice Abang for not according due respect to judicial hierarchy, saying he refused to tow the line of laid down precedents.
According to Justice Philomena Ekpe, who delivered the lead verdict: “It appears the lower court made somersault of the law. Once an appeal has been entered, there is, indeed, nothing to be heard or determined once the record of appeal has been transmitted.
“The lower court had no jurisdiction or business to interpret the rules of a higher court when the rules are clear and unambiguous. I am in agreement with the argument of learned counsel to the appellant that the trial lower court judge acted ultra-vires his powers”.
The appellate court held that Justice Abang placed the law on its head when he refused to hands-off the matter having been notified of the pendency of the appeal.
“Consequently, this appeal is meritorious, the decision of the lower court delivered on July 8, is hereby set aside, cost of N100, 000 is awarded in favour of the appellant”, the court held.
Meanwhile, the Court of Appeal in Abuja has set aside the judgment of the Federal High Court that quashed the election of Governor Okezie Ikpeazu over the alleged presentation of fake tax papers.
The appeal court also awarded N100,000 cost to Ikpeazu.
Justice Okon Abang of the Federal High Court had delivered the judgement sacking Ikpeazu on 27 June.
He also asked the Independent National Electoral Commission (INEC), to issue certificate of return to Mr Uche Samson Ogah, who came second in the primaries of the Peoples Democratic Party (PDP) just as he directed that he be sworn into office as governor of Abia State.
The judgement was the outcome of a protracted suit by some participants in the 2014 Peoples Democratic Party (PDP), Abia State governorship primaries won by Ikpeazu which has not been accorded much attention by many.
The aspirants, who lost to Ikpeazu had gone to court to challenge the victory of the governor in that primary over allegations that the tax clearance certificate presented by him as required by law for gubernatorial contests was fraudulent.
The aggrieved aspirants alleged that Ikpeazu paid the three-year taxes which clearance papers he was required to include in the nomination form he submitted to INEC in one day to enable him qualify to contest the governorship election of the state.
The plaintiffs in the suit, Messrs Obasi Uba Ekagbara and Chukwuemeka Mba also contended that Ikpeazu was not eligible to contest PDP’s governorship primaries as ‘’he did not pay his taxes for 2011, 2012 and 2013 as at when due.’’
They backed up their allegation with documentary evidence to show that ‘’taxes allegedly paid for three years were paid on the same day,” a fact which they said vitiated the authenticity of the tax clearance certificate issued to Ikpeazu and his INEC ‘’Form CF100.’’
The governor did all he could to stop the hearing of the case, insisting that the suit should have been filed at state, rather than Federal High Court.
The Court of Appeal agreed with him that Federal High Court did not have jurisdiction to hear the case.
But the aggrieved aspirants went to Supreme Court.
The panel of the apex court, led by Justice Mohammed Muntaka-Coomassie, set aside the judgment of the Court of Appeal, and affirmed the competence of the Federal High Court to try the case.
The apex court consequently ordered that the case should be remitted back to the Federal High Court for an accelerated trial.
They backed their judgment up with an order to the Chief Judge of the Federal High Court of Nigeria ‘’to ensure that the case is heard and determined expeditiously.’’
The Federal High Court reopened the case after the Supreme Court ruling.
After hearing arguments from all parties, the court delivered the unexpected judgment on Monday, 27 June.
Rivers State Governor, Sir Siminalayi Fubara, has said that peace has prevailed because he draws strength from God to resist insults and tantrums thrown at him while frustrating attempts by some disgruntled persons who wanted to plunge the State into unending crisis.
The Governor also said that because he has anchored his Government on promoting peace, the enabling atmosphere has been provided for investments and sustainable development to flourish.
Governor Fubara made the assertion when he received a delegation of members of the Bishops and Gospel Ministers’ Association International Incorporated, Rivers State Chapter, at Government House in Port Harcourt, yesterday.
Represented by the Head of Rivers State Civil Service, Dr George Nwaeke, Governor Fubara said while most people took his meekness for weakness, his stance on peace has unarguably enhanced harmonious atmosphere of concord as residents sleep with their two eyes closed, and investors and shareholders are happy with the returns on investment.
He said, “Before, what they hear of Rivers State is that they are fighting, and some genuine investors will not come. Some people even ask you: How are you coping in Rivers State?
“But now”, he asserted: “The Governor has brought about a lot of changes in the State. One of the most important things is that he has changed the negative narrative. It is no longer Rivers of blood. It is now Rivers of peace.
“We are enjoying our lives here. Why? Because there is a change in the narrative. We have peace. The Governor is, as much as possible, absorbing any level of insult at him only for one purpose: that Rivers State may have peace; that we may grow; that this state will experience genuine development.”
Governor Fubara urged them, as members of the Christian family in the State, to continue to pray for the State and the Government so that the enemies of the State will be put to greater shame.
“This peace is what I want you to embrace. Go and continue to pray, because when the sower of the seed went and sowed, the enemy went in the night and sowed tares inside there. But the Governor is sowing peace.
“When I listened to the leader of the team, His Grace Eddy Ogbonda, he said you came all the way from Eleme Junction, and stopped at major junctions, and you uttered prayers for the peace of Rivers State.”
He also said: “I, hereby want to thank you for identifying with the Governor at a time like this. At a time when it looks as if someone wants the Governor’s peace posture misunderstood as weakness.
“When someone has the strength to fight back, but refuses to fight back. That is a bigger strength; that power of restrain does not just come, it can only come from God.
“You cannot give peace, if you do not have peace within you. The Governor is not interested in any form of trouble or violence. What he is interested in is known, and it is: let there be peace in Rivers State,” he said.
In his address, leader of the group, Archbishop Eddy Ogbonda, said they had observed a week-long intensive prayers that culminated into a peace rally, which brought them to Government House, and assured the Governor that God will continue to give him victory over his adversaries while preserving Rivers State.
“It is Rivers State Prophetic Prayer Convocation and Rally 2024 with the theme: ‘Peace be still’. Of a truth, everyone of us understands that we live in a time when we need peace much more than any other thing.
“Rivers State needs peace. Everyone as individuals need peace. The country needs peace, and the world at large needs peace. So, we are here to do a peace march. We pray that God will command His peace to reign in Rivers State,” he said.
The Economic and Financial Crimes Commission (EFCC) has stated that hotels, schools, and other establishments that accept payments in dollars from their customers are at risk of facing arrest.
The Chairman of EFCC, Ola Olukoyede, said this in the agency’s publication called EFCC Alert on Monday, adding that action would be taken against individuals involved in the dollarisation of the economy.
According to him, the exception is if foreigners come in to transact business and the only means of transacting is their credit card and dollar but to charge local customers in dollars or other foreign currencies would no longer be allowed.
He said charging local activities and customers in dollars is against Nigeria’s constitution.
The EFCC chairman said, “Schools that charge Nigerians in dollar, supermarkets that trade in dollar, estate developers that sell their property in dollar, hotels that are invoicing in dollar, we are coming after you and we have made arrests in that area.
“Yes, if foreigners are coming in and the only means of transacting is their credit card, and dollar, why not? You will get that.
“But document it properly as against selling things within the system, local economy and you will be using dollar as the medium of exchange, it is illegal.
“Our law does not allow for that. And we have also affected some arrests.”
Rivers State Governor, Sir Siminalayi Fubara, has enjoined Muslim faithful to remain steadfast to the lessons learnt during the holy month of Ramadan.
Governor Fubara stated this in his message of felicitations to Muslims as they celebrate the 2024 Eid-el-Fitr Sallah, which marks the end of the one-month Ramadan fasting.
The Governor emphasised the importance for Muslims to also uphold the tenets of Islam by exhibiting the fear of God and showing piety in their daily work.
Governor Fubara said, “We must all continue in the good attributes imbibed during the holy month of Ramadan as directed by God through His Prophet, so as to ensure peace, unity and harmony in the society for a better future.”
While praying that the essence of the festival offers them happiness, peace and prosperity in all aspects of life, Governor Fubara said he recognises and appreciates the critical role that the Muslim community continues to play in the development of Rivers State, and indeed, Nigeria at large.
Governor Fubara charged them to remain unwavering and steadfast in their commitment and positive contributions to advance the development of the State and the country.
“I enjoin you all in the State to remain calm, be patient and continue to do what is right,” the Governor added.
He wished the Muslim faithful in the State and across the country a happy Eid-el-Fitr celebration.
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