Court throws out Nwosu’s suit against Abia PDP guber candidate Ikpeazu

A Federal High Court sitting in Abuja has thrown out a suit filed by Peoples Democratic Party (PDP) governorship aspirant in Abia State, Mr Friday Nwosu, challenging the qualification of the party’s candidate for the April 11 election, Dr Okezie Ikpeazu.
Justice Adeniyi Ademola struck out the suit after the plaintiff applied to withdraw it.
The judge ordered him to pay N50,000 to each of the defendants as cost.
Nwosu, who scored five votes at the primaries to‎ come fifth, had approached the court, alleging discrepancies and irregularities in the PAYE tax documents submitted by Ikpeazu to the Independent National Electoral Commission (INEC).
He asked the court to disqualify Ikpeazu who scored 487 votes and came first and was picked as the candidate.
The plaintiff asked that he be declared the party’s candidate for the election.
However, Ikpeazu through his lawyers. Dr Onyechi Ikpeazu (SAN), Nnamdi ‎ Nwokocha-Ahaaiwe and LTC Eruba, filed preliminary objections and asked the court to dismiss the case for lack of jurisdiction.
Following the service on his lawyer of these objections, Nwosu did not file any response and instead filed a notice of discontinuance.
Since none of the counsel opposed the application to discontinue, Justice Ademola struck it out and awarded a cost of N50,000 against the plaintiff.
In the suit marked FHC/ABJ/CS/35/2015, it was alleged that the Tax Clearance Certificate in Form IT 70, reference No. SPA/HQ/2437 with serial number 095827 and dated 04/07/2014 , which was submitted by Ikpeazu to both INEC and the PDP, showing payment of his Income Tax for the years 2011, 2012 and 2013, were forged.
Nwosu‎ tendered copies of the alleged forged tax receipts of the 3rd defendant (Ikpeazu) with serial No‎.0012849 of 31/12/2011 for the sun of N166, 345.20, No. 0012846 of 31/12/2012 for the sum of N166,345.20 and No. 0012847 of 31/12/2013 for the sum of N38, 775‎.
Cited as 1st to 4th defendants in the suit were the PDP, INEC, Ikpeazu and Dr. Uchechukwu Sampson Ogah (representing himself and other Abia State PDP gubernatorial aspirants who rejected or challenged the validity or refused to sign the result of the 1st defendant’s primary election held in Abia State on December 8, 2014).
The plaintiff, through his lawyer Mr. Tawo E. Tawo (SAN), sought among others reliefs; “A declaration that the 3rd defendant’s Tax Clearance Certificate in Form IT 70, reference No. SPA/HQ/2437 with serial number 095827 of Abia State Board of Internal Revenue dated 04/07/2014, showing the 3rd defendant’s payment of his Income Tax for the years 2011, 2012 and 2013 is a forged certificate within the meaning of S‎ection 182(1) (j) of the constitution of the Federal Republic of Nigeria 1999, as amended.
“A declaration that the 3rd defendant Income Tax P.A.Y.E. Receipt with serial no. ITR 0012849 of 31-12-2011 issued by Abia State Board of Internal Revenue for the period covering January to December 2011 as contained in the 3rd defendant affidavit of document in the nomination form submitted by him to the 1st and 2nd defendants is false, within the meaning of the provisions of section 31(6) of the Electoral Act 2010 as amended, taking into account that his letter of appointment dated July 19, 2011 into the relevant Abia State Government Agency with effect from July 18 2011 and the fact that his said income tax for 2011 was said to be paid on the 31/12/2011 but later than or after 2012 and 2014 taxes had been paid as shown on the face of the said Tax Clearance Certificate and Tax Reciept for 2011, 2012 and 2013.
“A declaration that 3rd defendant is not qualified to become the Governor of Abia State and/or run the election on the grounds of his presentation of a forged certificate to the 2nd defendant to wit; affirmed Tax Clearance Certificate and/or other false documents and information in the affidavit of documents in his nomination form, contrary to the provisions of sections 182(1)(j) of the 1999 constitution of the Federal ‎Republic of Nigeria as amended and 31(6) of the Electoral Act 2010!as amended respectively.
“An order disqualifying the 3rd defendant as the gubernatorial candidate of the 1st defen‎dant and from contesting the election to the office of Governor of Abia State in the 2015 general election in Abia State of Nigeria, pursuant to section 182(1)(j) of the 1999 constitution of the Federal Republic of Nigeria as amended and 31(6) of the Electoral Act 2010.
“An order setting aside the nomination of 3rd defendant by the 1st defendant as its gubernatorial candidate in Abia State for the 2015 general election.
“A declaration that in accordance with the constitution of 1st defendant, 4th defendant from Abia North Senatorial Zone, cannot be nominated or fielded as the gubernatorial candidate of 1st defendant for the Abia State ‎gubernatorial election 2015 on the grounds of zoning and rotation policy of the 1st defendant as provided for in chapter 1, section 7(3)(c) and. Chapter 3. Part 1, section 10(1)(a) of the 1st defendant’s (PDP) constitution as amended and dated 26th day of March, 2012 and 1st defendant having zoned the 2015 governorship slot to Abia South Senatorial Zone where the plaintiff comes from.”
Ikpeazu, through his lawyers, challenged the propriety of the service of the suit through newspaper publication while PDP, through its lawyer, Mr. Valentine Offia, queried the jurisdiction of the Federal High Court in Abuja to entertain the matter.