The Peoples Democratic Party (PDP) on Tuesday lodged an appeal against the judgement of a Federal High Court in Abuja which sacked Governor Okezie Ikpeazu of Abia State for presenting false tax information.
The party in the notice of appeal dated June 28, 2016, expressed dissatisfaction with the judgement which ordered tha Uche Ogah is PDP’s rightful candidate for the governorship election held on April 11, 2015.
Listed as 1st to 4th respondents are Obasi Uba Ukeagbara, Chukwuemeka Mbah, Independent National Electoral Commission (INEC) and Okezie Ikpeazu.
In the appeal premised on five grounds, the PDP said that the trial court erred in law when it held that it had jurisdiction to hear the suit which was on whether section 24 (f) of the 1999 constitution was complied with.
“The honourable trial court misdirected itself when it construed the provisions of the PDP constitution to the detriment of the appellant without giving the appellant a chance to be heard and thereby occasioned miscarriage of justice.”
In the particulars of the error, the appellant said Ukeagbara and Mba being “the 1st and 2nd respondents in the appeal did not pray the trial court to construe the provisions of the PDP constitution.”
“No evidence was led that the said Uche Sampson Ogah participated in the 2015 Abia State gubernatorial elections yet the trial court declared him as winner of the said elections contrary to the express provisions of section 141 of the Electoral Act,” among other grounds.
Consequently, the appellant urged the Court of Appeal for “an order setting aside the judgment of the Federal High Court of Nigeria in suit No. FHC/ABJ/CS/10862014 delivered on the 27th day of June, 2016.”
Meanwhile, the first respondent, Obasi Ekeagbara, yesterday, explained that the basis for Justice Abang’s sack of Ikpeazu was on supply of false tax information to INEC.
Ekeagbara gave the clarification at a press briefing in Abuja.
He noted that the clarification became necessary in view of the widespread information in some sections of the media that the court decision was based on alleged forgery that was committed by Ikpeazu.
