Abia Guber: INEC Rejects Appeal Court Judgment; Says Ikpeazu not Otti Won Election

Abia Guber: INEC Rejects Appeal Court Judgment; Says Ikpeazu not Otti Won Election


The Independent National Electoral Commission (INEC) has rejected the judgment of the Court of Appeal, Owerri Division which declared Alex Otti,‎ the governorship candidate of the All Progressives Grand Alliance (APGA) winner of the state governorship elections.

The commission has therefore asked the Supreme Court to set aside the judgment of the Court of Appeal and its place to uphold the judgment of the Abia Governorship Election Tribunal which upheld INEC’s declaration of Dr Okezie Ipeazu of the Peoples Democratic Party as winner of the election.

In a brief or argument settled by INEC’s lead counsel, Chief Adegboyega Awomolo, SAN who led a team of other senior lawyers including, Dr Livy Uzoukwu, SAN, A.B. Mahmoud, SAN, H.M. Liman, SAN, Ahmed Raji, SAN among others, the commission said that it was Ikpeazu who won the election and not Otti.

INEC informed the Supreme Court that another panel of the Court of Appeal upheld elections in respect of House of Assembly seats in Osisioma Local Government Area and Isiala Ngwa North Local Government Area w‎hich took place on the same day the governorship election was conduct.

It will be recalled that in declaring Otti winner of the election, the Court nullified the governorship election in the local government areas stated above.

INEC said: “Before concluding, we crave the indulgence of the court to very respectfully refer to an intriguing issue.

“It is the fact that the court below, though differently constituted confirmed on appeal elections in respect of House of Assembly seats in Osisioma LGA and Isiala North LGA which took place simultaneously with the Abia Governorship same day, time, in the same polling units and where voters were accredited using the same voters; registers and card readers.”

INEC further said that the Court of Appeal was wrong in law when it cancelled the results of elections in three local government areas of Abia State.

It said “The conclusion that Otti and not Ikpeazu won majority of the valid votes cast at the election is neither borne out of the record nor justified under the law.”

According to the commission, the court of appeal should have dismissed Otti’s appeal‎ having found that a Returning Officer has no power to cancel election results having regard to the provisions of Section 68 (1) of the Electoral Act 2010 as amended.

‎The commission also said that Otti’s notice of appeal at court of appeal was incompetent and should have been dismissed for lack of jurisdiction.

Ikpeazu in Fresh Trouble as Supreme Court Orders That He Be Retried For Tax Fraud At The Federal High Court

kpeazu in Fresh Trouble as Supreme Court Orders That He Be Retried For Tax Fraud At The Federal High Court.

The governor of Abia state, Okezie Ikpeazu is in fresh trouble as the Nigerian Supreme Court has ordered the Federal High Court to retry the case challenging the fraudulent payment of taxes that enabled his qualification to contest the governorship election of the state.

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Some of his opponents in the People’s Democratic Party led by Obasi Uba Ekagbara and Chukuemeka Mba had dragged him to the Federal High Court via suit FHC/ABJ/ CS/1086/2014 over his eligibility to contest in the primary election conducted for governorship aspirants of the party in the state during the last election in 2015. Even though he won the primary, his opponents alleged that he did not qualify to contest as he did not pay his taxes of years 2011, 2012 and 2013 as at when due.

The plaintiffs dragged Ikpeazu, the People’s Democratic Party and the Independent National Electoral Commission (INEC) and produced convincing evidence at the Federal High Court that taxes allegedly paid for the three years were paid on the same day and therefore faulted the authenticity of Ikpeazu’s tax clearance certificate and the information contained in his INEC “Form CF100”. Ikpeazu had no answer to the allegations but challenged the competence of the Federal High Court Abuja to hear the case. The trial court overruled his objection, but the Court of Appeal sided with him and ruled that the case ought to have been filed at the Abia State High Court.

Dissatisfied with the judgment Ikpeazu’s opponents took the matter to the Supreme Court. In its judgment handed down last Friday by five Supreme Court justices led by Justice Mohammed Muntaka -Coomassie, the court faulted the decision of the Court of Appeal and affirmed the competence of the Federal High Court Abuja to try the case.The justices then remitted the case back to the Federal High Court for the expedited trial of the tax fraud case challenging the eligibility of Ik[eazu to contest the governorship election. And to ensure that the hearing is not delayed the Supreme Court ordered the Chief Judge of the Federal High Court of Nigeria to ensure that the case is heard and determined expeditiously.

If Gov. Ikpeazu loses the pre-election case at the Federal High Court, he will be ordered to vacate the office of the governor of Abia state since he was not competent to have contested talk less of winning the election. The recent ruling shows that Ikpeazu has not been able to counter the serious allegation from his opponents that he fraudulently and criminally evaded payment of taxes to the federal government until he began running for election.

In another development, the court of appeal, sitting in Owerri has ruled that it was Alex Otti of All Progressives Grand Alliance (APGA) and not Ikpeazu who won the governorship election conducted in Abia state on April 11, 2015. An appeal filed by the embattled Governor is pending at the Supreme Court for adjudication. If Ikpeazu loses at the Supreme Court, he would also be forced to vacate office.

Buhari Reportedly Seeks Deal With Dasuki

Following the ongoing investigation into $2bn arms scandal the presidency is reportedly seeking the settlement with former National Security Adviser Sambo Dasuki.

Sambo Dasuki after the court.

New Telegraph reports that the talks with the government is at the example of high level politicians, including retired generals, with the pledge to get the beneficiaries return the looted funds to government’s reserves.
According to the source the peace initiative was as a result of shocking revelation that charged prominent Nigerians and officials of the Buhari government who were beneficiaries of the security fund.

The source said: “Discussions are going on between the parties. The revelation that has come out so far are just a tip of the iceberg.

 “If Dasuki is allowed to release documents about the beneficiaries of arms deal and security fund, the country will be in crisis.” 

 “Dasuki has threatened to open up on the arms deal. “This is why he demanded for an open trial.”
 “With open trial, the whole world would know that so many people were involved in the arms deal.”
Dasuki reportedly has compiled the list of recipients of the fund with documentary proof comprising bank transactions, receipts, video and audio recordings of the transaction before the talks.

“The gravity of the evidence and those involved in the arms deal necessitated the peace moves. The discussion is to douse the tension because if Dasuki opens up, the Buhari presidency would be embarrassed by the revelations,” the source close to Dasuki said.

Those managing the deal met with President Buhari to see how the matter could be settled without mounting the tension already stirred with the arms purchase scandal.

One of the conditions of agreement, according to the source, is that former NSA should be given bail.
“The negotiation is what we expected ex-president Goodluck Jonathan to have done. We learnt that he is also reaching out to the president,” the source said.

However, the presidential spokesperson Mallam Garba Shehu, could not confirm the current peace talks.
“I don’t have the information now,” he said.

“Even, some famous leaders across the North-South divide benefitted from the fund,” the other source said. He added though money was transferred to the accounts of the beneficiaries, others who collected cash signed for what they got.

Ex-minister of state for finance, Ambassador Bashir Yuguda, ex-governor of Sokoto state, Alhaji Attahiru Bafarawa and others are facing trial together with Dasuki over the $2 billion arms scandal.

Yuguda has disclosed that he gave N100 million to some leaders of the PDP, including Chief Bode George, Yerima Abdullahi, ex-governors Peter Odili and Jim Nwobodo, for the 2015 elections.
 
The accused people were arraigned on a 22-count charge bothering on criminal breach of trust and diversion of public fund under the pretext of purchasing security arms.

However, former NSA will today know whether he will go back home or repeatedly be imprisoned in the custody of the EFCC.

Biafra Passport Not Valid – US, UK

The agitation for the recognition for an independent Biafra state took a disappointing dip as the United States (US) and United Kingdom (UK) revealed that they do not accept the Biafran passport because the supposed independent country is not recognised.


The Movement for the Actualisation of a Sovereign State Of Biafra (MASSSOB) had insisted a fortnight ago that the Biafran passport was valid all over the world except Nigeria and urged its supposed citizens to use it to secure visa for international travel.

MASSOB through Sunny Okereafor, the national director of information explained that the travel document costs N5,000 while its renewal costs N2,000.

“I assure you that the Biafran passport is valid. Except Nigeria, other countries of the world accept Biafran passport and allow our citizens to travel with it. In Europe, North and South America, Biafran passport is accepted. Nigeria is the only country that seizes Biafran passport. Go to neighbouring Ghana here, they will stamp the passport for you. Don’t be confused by the propaganda of the Nigerian government that there is nothing like Biafra passport.

“MASSOB appeals to Biafran citizens to procure their passport and use it to travel. If you doubt me, get a Nigerian passport while I have my Biafran passport; when we get to Europe, you will see who they will welcome than the other. Many people with the Nigerian passport have been repatriated, but have you heard of anybody with Biafran passport receiving such ill-treatment?”

The Punch however reports that an inquiry into the claim made by MASSOB at the American consulate in Lagos revealed that the Biafran passport was not recognized.

Frank Sellin, the deputy public affairs officer at the consulate said “the United States does not consider passports purporting to be from a Biafra entity to be a valid legal document for purposes of visa issuance.”

Mr. Joe Abuku who is the press and public affairs officer at the British high commission in Abuja said the UK does not recognize the Biafran passport and as the country did not support the secession during the civil war and thus its stance has not changed.

“The answer is unequivocally ‘no’. The UK does not recognise the so-called Biafran passport

JUST IN!!! Ijaw Youth Council’s Open Letter to Buhari (Must Read)

JUST IN!!! Ijaw Youth Council’s Open Letter to Buhari (Must Read)

January 22, 2016.

His Excellency,
Muhammadu Buhari, GCFR,
President and Commander in Chief,
Federal Republic of Nigeria,
Aso Rock Villa, Abuja.
Your Excellency Sir,

PROPOSED CANCELLATION OF MARITIME UNIVERSITY, OKERENKOKO, DELTA STATE
Your Excellency, we write to protest against the ‘proposed cancellation’ of the Maritime University, Okerenkoko, Delta State as announced by the Minister of Transportation, Rt. Hon. Chibuike Rotimi Amaechi while briefing the Senate Committee on Marine Transport about the activities of his Ministry on Tuesday, the 19th of January, 2016.

According to the Minister: ‘We are not going ahead with the university project proposed by NIMASA because we have an institution in Oron, we have Nigeria Institute of Transport Technology, Zaria, and we have the Nigerian College of Aviation in Zaria, which we could upgrade to a University status and NIMASA is proposing to build a new one’.

Mr. Amaechi is not finished yet, he went further to state:  ‘Who will attend the University? How many parent will allow their children to go to such place where it propose to site the University?…’

Mr. President, the reasons advanced by your Minister of Transportation are not only weak, mischievous and misleading, but also highly provocative and inciting. If there is any statement or action that has painted your administration in negative light in Nigeria, especially in the Niger Delta region, it is this statement.

Beyond the fact that the university would greatly contribute to the development of high class manpower in the maritime sector in the light of your administration’s efforts to diversify the nation’s economy beyond oil; it would also go a long way to address the aged long marginalization suffered by the people of the Niger Delta Region. The university would no doubt open up the area where it is sited which is in the hinterland of the Niger Delta and help in positively impacting on the life of the people of the area concerned, especially the youths. We cannot be talking of addressing problems of militancy and other associated challenges in the Niger Delta region without giving the people education.

The Maritime University, Okerenkoko is part of the post amnesty development plan of the Niger Delta region. The reasons advanced by the Minister for wishing to cancel the university are not tenable. The fact that there are maritime institutes in Zaria and Oron should not be used as excuse to cancel the university at Okerenkoko. The existing institutes in Zaria and Oron and the university in Okerenkoko have their different roles to play in the development of the very rich but underdeveloped maritime sector in Nigeria. The institutes in Oron and Zaria are meant to train medium class manpower in the maritime sector while the Maritime University, Okerenkoko would train world class technical and managerial manpower.

This would obviously address the problems of capital flight in Nigeria where Nigerians are sent to universities in countries like Philippines, Romania, Egypt and other countries to train at great cost to the country. The existing institutes and university are expected to play complimentary roles in the development of the maritime sector. If this was not the case, then Polytechnics would not have being existing side by side with universities in Nigeria and most importantly, the Petroleum Training Institute, Efffurun, Delta State would no longer exist for the training of medium class manpower in the oil and gas sector with the establishment of the University of Petroleum Resources, Ugbomro, Delta State.

Mr. President, the most ridiculous reason advanced by the Minister is the assertion that parents would not send their children to school at Okerenkoko because of the terrain. This comment is not only ridiculous but also highly provocative and inciting. It would interest your Excellency to note that Okerenkoko Community, Gbaramatu Clan, Delta State is surrounded by several oil installations and platforms such as Egwa 1 Flow station owned by NPDC, Abiteye owned by Chevron, Makarava, Odidi 1 & 11 owned by NPDC, the Chevron Escravos Terminal and several other oil installations. And these oil installations and platforms have several oil workers including foreign expatriates who have been working for several years in that environment even during the period of hostilities in the Niger Delta region. The question is, if oil workers can go to this same environment to explore and exploit oil, why can’t the same place play host to a university that would develop the people and environment?

Contrary to Mr. Amaechi’s assertion, the Okerenkoko environment is a natural location for a maritime university. It is ridiculous for the Minister to suggest that one of the Maritime institutes in Zaria be upgraded to a maritime university.

Is Mr. Rotimi Amaechi saying that the Niger Delta environment is only good for oil exploration and exploitation but not good enough for education and infrastructural development? Is Amaechi saying that the people in the creeks of the Niger Delta region unlike other Nigerians have no right to acquire education and live a decent life? Whose interest is Mr. Amaechi serving or promoting?

Mr. President, Mr. Amaechi is obviously not promoting the interest of your government! He has only succeeded in painting your government as an anti-Niger Delta administration. We of the IYC are shocked that a suggestion not to build a university in the hinterland of the Niger Delta is coming from Mr. Amaechi who is from the same region. We wish to also point out that if allegations of alleged corruption are one of the reasons for the decision, such issues be handled in accordance with the law. It should not be a reason for cancellation of a laudable project.

Mr. Amaechi also stated that the only thing on ground in the Maritime University, Okerenkoko is the feasibility studies and that no work has been done. This is obviously very far from the truth. Apart from the temporary site at Kurutie Community with completed structures, a lot of work has been done at the permanent site of the Maritime University at Okerenkoko.

We hereby attach pictures of work done so far (see pictures on right side of this page). Pictures do not lie and these facts are verifiable and we call on you to set up an independent team comprising of different stakeholders to verify these facts.

CONCLUSION
The tragedy of this nation has been facilitated and often repeated by politicians driven by sectional, ethnic and other primordial sentiments. The policies and decisions needed in the march to greatness have been sacrificed on the altar of personal, narcissistic and egoistic indulgence to the detriment of the greater good of the nation. We should realize that the elections are long over and it is now time for nation building.
Mr. President, we call on you to reject the proposed decision of the Ministry of Transportation to cancel the Maritime University, Okerenkoko. If it is decision that already has your blessing, we appeal for the reversion of the decision. It is not in the interest of the country and your administration. The decision would only provide justification for hostility in the Niger Delta region towards your administration.

Signed for the Ijaw Youth Council (IYC), Worldwide:
Udengs Eradiri
President
Eric Omare, Esq.,
Spokesman

Biafra Will Be Achieved Without Violence

Solomon Chukwu, one of the leaders of the Movement for the Actualization of the Sovereign States of Biafra (MASSOB) has said that an independence of the Biafra republic would only be realized without violence.

Chukwu via MASSOB spokesman, Sunny Okereafor, criticised the violence and killings which happened during the last protest calling for the release of Radio Biafra Director, Nnamdi Kanu in Aba, and blamed the Uchenna Madu faction for being sponsored by politicians to sabotage Biafra.

He said: “MASSOB condemns the violence and killings in Aba over the detention of Nnamdi Kanu. We only support peaceful agitation and genuine protest. We don’t carry knives or gun. Our leader, Ralph Uwazuruike has stated severally that Biafra will only be achieved through non-violence. If you watch our activities, we are non- violent in our approach to the Biafran struggle. That is why people see us as the genuine pro-Biafra group. With this violence and killings in Onitsha, Aba and other cities, what have they  achieved? Nothing. Why have all these violent protests and killings not led to the release of Nnamdi Kanu? What sense does it make for you to cause violence and killing of the same people you want to liberate? MASSOB has no hand in it.

“The federal government should question Uchenna Madu and his cohorts for the violence and killings in Aba. He has been expelled from MASSOB and should stop using the name of the Movement to commit violence. Anybody doing business with Uchenna Madu under the name of MASSOB does it at his own risk.”

Meantime Rivers state police command reacted to the accusation that it brought the pro-Biafran activists it arraigned before the magistrate’s court half naked.

It dismissed the allegation and the pictures published by some online media as malicious and deceitful, adding that the force cannot malhandle suspects.

The South East and South South parts of Nigeria are on the throes of protest by the Indigenous People of Biafra (IPOB). They call for creation a country under Biafra and for the release of their leader Nnamdi Kanu.

Metu docked at commencement of trials (PHOTO

The image here captures the National Publicity Secretary of the Peoples Democratic Party, Chief Olisa Metuh being docked at the Federal High Court at the commencement of trial this morning.

Metuh was again brought to the court in handcuffs.