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BIG STORY

How Uche Ogah Floored Ikpeazu And Became Abia Governor-Elect —- Barrister Monday Onyekachi Ubani

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Barrister Ubani

Respected Social commentator and Legal Luminary, Barrister Monday Onyekachi Ubani has explained in details how Dr Uche Ogah became the governor-elect of Abia State.

Barrister Ubani who also doubles as the Chairman, NBA Ikeja branch said ” Ogah fought through thick and thin legally and he’s now been declared Abia governor-elect, soon to be sworn-in as the governor’.

Below is his full statement:

BY THE ORDER OF JUSTICE OKON ABANG OF THE FEDERAL HIGH COURT DELIVERED ON THE 27TH OF JUNE, 2016, DR UCHECHUKWU SAMPSON OGAH OON IS THE IMMEDIATE GOVERNOR OF ABIA UNTIL THAT ORDER IS SET ASIDE BY A HIGHER COURT.

I am doing this further explanation in addition to what we have done before in order to pass information and reduce ignorance which is very apparent in some of the posts and reactions from our friends. Knowledge,they say, is power.

After the primary election of PDP in December 2014, some members of PDP and Dr Uche Ogah who felt aggrieved by the manipulations and irregularities that trailed the primary election petitioned the Appeal Panel of PDP for redress, but of course as is usual with the then PDP, Uche Ogah’s petition was neither treated nor replied to.

The next thing they did was to apply in accordance with S31(4) of the Electoral Act 2010 as amended to examine the documents including the affidavit of Dr Okezie Ikpeazu who then has been declared the gubernatorial candidate of the party having allegedly scored the highest votes in the primaries. Please note that Dr Uche Ogah came second in the said primaries.

Upon examination of Dr Okezie Ikpeazu’s documents he filed, it was found out that his declaration on his tax payments were all false. Instances exist where he is alleged to have paid tax when he was not yet employed by Abia State Agency, another was when his salary in his letter of employment and that on his tax documents showed wide difference.

He was alleged also to have paid tax on a Saturday, a day we all know is a non working in our public service, Abia inclusive. S31(5) provides that ” A person who has reasonable grounds to believe that any information given by a candidate in the affidavit or any document submitted by the candidate is false may file a suit at the High Court of a state or Federal High Court against such person seeking a declaration that the information contained in the affidavit is false”.

Further S31(6) provides “If the court determines that any of the information contained in the affidavit or any document submitted by that candidate is false, the court shall issue an order disqualifying the candidate from contesting the elections”

Upon discovery that Dr Okezie Ikpeazu’s declarations were patently false, Dr Uche Ogah who came second in the primaries of PDP held in Dec 8th 2014 applied to the Federal High Court in accordance with S87(10) of the Electoral Act for a redress. His contention in an originating summons( a proper procedure to commence action bothering on documentary evidence) was that Dr Okezie Ikpeazu was not qualified to have contested the primary election with him and others in the first place. He urged the court to disqualify Dr Okezie from contesting the general election which was coming up in April, 2015.

The PDP and INEC were served with this processes but they chose to ignore it and went ahead with Okezie as their gubernatorial candidate for the election in April, 2015.

PDP raised preliminary objection that the Federal High court has no jurisdiction over the matter and the case got to appeal on the interlocutory issue where the Supreme Court held that the federal high court Abuja has jurisdiction to hear and decide on the matter.

The matter commenced before Justice Ademola J in federal High court Abuja and the Ikpeazu group came up with allegation of bias against the learned judge. The learned judge washed his hands off the case and transferred the file to the CJ of the Federal High court who thereafter assigned the file to Justice Okon Abang who proceeded to hear and determine the issue and he did just that on the 27th of June, 2016.

Concerning the false declarations made by Dr Ikpeazu, their answer was that it was a mistake made by Board of Internal Revenue, Umuahia. Pray assuming but not conceding that they are right in their assertion, the documents were presented by Dr Ikpeazu and in the declarations he made he acknowledged that every information he gave were true and correct and if found to be false, misleading he held himself liable to be disqualified.

The court having found out that the information he supplied about his tax payments were all false, ruled that he was not qualified to have participated in the primary election of PDP in Dec 2014, that all the votes he gathered at the said primaries were invalid and of no effect, in fact wasted.

Since a general election has been held in which PDP won, Dr Okezie Ikpeazu was asked to vacate his seat while certificate of return should be issued to Dr Uche Ogah who came second during the primary election. He was ordered to be sworn in by the chief judge of Abia state immediately.

Note the word used by the presiding judge was “immediately”. Enrollment order was procured by Dr Uche Ogah and INEC was served and they obeyed the extant judgement of the federal high court by issuing Dr Ogah with the certificate of return.

Meanwhile Dr Okezie was alleged to have filed a notice of appeal with a motion of stay. Notice of appeal does not operate as a stay. You still have to obtain an order of stay either in the court below or at the court of appeal before you can talk about stay.

So much ignorance is being banded about even by some Senior Advocates when they recklessly quote S143 of the Electoral Act that for the fact that Okezie has filed appeal, the stay should have been enforced automatically.

With due respect, that Section does not apply in pre election matter which is what this case is all about. His notice of appeal cannot and will not operate to stay the current judgement of the federal high court presided over by Justice Abang.

For now there is no stay of execution, therefore INEC did not err in any way in issuing certificate of return to Dr Ogah. Having said that, I am not ignorant of the black market injunction allegedly obtained by Dr Ikpeazu at Osisioma Ngwa High court restraining the Chief Judge of Abia State from swearing in Dr Ogah.

That interim order was premised on the said Section 143 of the Electoral Act which is only applicable to judgements obtained in Election Tribunals. It is a laughable ruling not worth the paper it was written. For God sake, a high court in Abia is a court of coordinate jurisdiction with a federal high court and so any order given by such court to contradict an earlier order of the same court is ipso facto null and void. It is only a higher court that had the legal capacity to reverse the earlier order or judgement.

For legal effect, the certificate of return issued by INEC to Dr Uche Ogah still stands while that of Dr Ikpeazu is deemed cancelled in law. If it is deemed cancelled in law, he cannot be the current governor of Abia State who can declare public holidays just as he has wrongly done.

Another area where people need education is on whether the federal high court has jurisdiction to declare a candidate who has not participated in all the processes of election a successful candidate and declare that he be sworn in.

In the recent case of Jev Vs Iyortom part 1483 (2015) 15 NWLR 417 -625 the Supreme Court ordered a candidate who ought to have been the right candidate for the primaries to be sworn in immediately replacing the HOR member who has been sworn in as the winner.

(Please every learned mind is advised to get this law report and read the case in point and see that the Supreme Court has ruled that the federal high court has the jurisdiction and power to order the rightful candidate for the general election to be sworn in even if he has not participated in the entire electoral process). Section 141 of the Electoral Act as amended was considered therein and given its proper application.

With this explanation, I hope people would have been enlightened well enough to discuss this issue dispassionately without sentiment.

Abia shall be free very soon!

BIG STORY

Obi Made A Difference In My Campaign, His Endorsement Worth Its Weight In Gold — Akpata

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Olumide Akpata, the Labour Party (LP) governorship candidate in Edo, says Peter Obi’s endorsement of his candidacy is “worth its weight in gold”.

Akpata spoke in an interview on Arise Television on Thursday.

The Edo governorship election is billed for September 21.

On Wednesday, Obi implored the Edo electorate to vote Akpata as their next governor.

He added that if elected, the former president of the Nigerian Bar Association (NBA) would deliver the needed change.

The LP governorship candidate said Obi has made a difference in his campaign.

“Peter Obi is making a whole lot of difference because he is one individual that people trust. People trust him because his word is his bond,” he said.

“People trust Peter Obi because he’s a performer and so his endorsement of my candidacy is worth its weight in gold and so I make no bones about it.

“I will not hesitate to take advantage of the fact that he supports me and those of you who know Obi, he will only associate with a candidate he has confidence in, every confidence in his or her abilities.

“So I’m fortunate, I’m privileged that he’s willing to stand shoulder to shoulder with me on the podium, on various podiums across the state.

“We have been to all three senatorial zones together. He has been very, very magnanimous with his time and with his energy and he has brought that to bear on the campaign process.

“The people are definitely, definitely encouraged by his presence. It gives them reason to believe again. It gives them hope again.”

Akpata asked the Independent National Electoral Commission (INEC) to conduct a credible poll.

“Now with regard to the umpire, the regulator INEC, I am hopeful because there are certain peculiar factors that lend themselves to this process that will hopefully bring about a positive outcome,” he said.

“Firstly, it’s an off-cycle election. So in that regard, we are fortunate and privileged to have the undivided attention of INEC in this state so they can bring together their entire machinery on the process.

“But having said that, I am so concerned because I bother about capacity issues. Right now we’ve heard rumors of that some of the actors are already fighting it out at the INEC centre somewhere in Benin City.

“I’m yet to confirm that. I just read a newsflash that some hoodlums have carted away sensitive materials. Again, yet to confirm that.

“But I am concerned about capacity. I am concerned about the fact that the terrain… I have been around Edo state about five times in this process.

“The roads are in a very deplorable stage, I just wonder to myself, how can INEC manage to get around in these conditions? I just returned from the riverine areas of Edo state.

“I wonder to myself, is the regulator able to access this? Will people not be disenfranchised? You just need to see the conditions of our roads.

“I just returned to Benin from Irrua. It is so difficult to get around. So I am very worried about the logistics of this process.

“So, as you can imagine, we will continue to engage with the operators. We will continue to interrogate the system.”

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BIG STORY

Keyamo Inaugurates Consumer Protection Portal, Charges NCAA To Address Ticket Refund Issues Within 24hrs

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Festus Keyamo, the Minister of Aviation and Aerospace Development, has officially launched the consumer protection portal of the Nigeria Civil Aviation Authority (NCAA) in Lagos.

This innovative portal is designed to provide travelers with a hassle-free way to lodge complaints online and track the resolution process.

Speaking at the launch, Keyamo emphasized the importance of swift action, directing the NCAA to address airline ticket refunds owed to passengers by airlines within 24 hours.

This move aims to alleviate the struggles many passengers have faced in reclaiming funds for flights booked from airlines that are no longer operating.

With this platform, travelers can electronically file complaints, track the resolution process, and monitor the on-time performance of all airlines operating in Nigeria.

“I am not unaware of the complaints of people whose money has not been refunded by certain airlines that have stopped operations due to safety concerns,” Keyamo said.

“I receive a huge number of such complaints in my emails, text messages, and direct messages. I have been a lawyer of the federal republic for over 30 years before I was called to serve my fatherland. People find a way to send these complaints to me and that is why I receive some of these complaints directly.

“For the airlines that have not refunded passengers’ money, there must be a public statement by the NCAA by the end of Friday latest.

“Let the public know what is happening to that money. I know you have resolved that. Let’s not pretend as if we are not hearing anything about this. People bought tickets before the airlines ran into troubled waters. What happened to their money? What plans do you have to refund them? This is part of consumer protection.

“The NCAA should come out with a public statement to show what they are doing about resolving the issue.”

On protecting travellers, Keyamo said the portal is expected to streamline the complaints process and ensure efficiency in the aviation sector.

He commended the NCAA’s leadership, particularly its consumer protection directorate, for the initiative, noting that passenger satisfaction is crucial for the industry’s viability.

“The final thing that we must achieve in the sector is that the person boarding the aircraft must have good experience, must feel the change either in terms of prices, environment or experience. Everybody is working for that final consumer, including myself,” he said.

“Let it be clear that we are all consumer protection officers and it’s not only for those gentlemen and ladies in uniform.

“As a frequent flyer myself, I have seen firsthand, the rage of passengers who are either disappointed by delayed flights, cancellations or some ugly experiences on those flights. I have seen the rage and this is a means by which they can ventilate that rage.”

On his part, Chris Najomo, acting director-general of the NCAA, praised the initiative as a vital step in protecting the rights of aviation consumers in Nigeria.

“In today’s rapidly evolving marketplace, consumers face myriads of challenges. From being unaware of their rights to navigating complex regulations to addressing poor services or unfair practices,” Najomo said.

“Hence, the need for a robust system to protect and empower consumers has never been more critical.”

On July 20, the NCAA announced its plans to launch a consumer protection portal in August to address complaints within the aviation sector.

However, the authority postponed the launch of the portal to September 19.

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BIG STORY

Coca-Cola Announces Plan To Invest $1bn In Nigeria

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Coca-Cola Hellenic Bottling Company says it will invest $1 billion in Nigeria over the next five years.

The investment commitment was made during a meeting with Coca-Cola’s global leadership team, including John Murphy, president and chief financial officer, and Segun Apata, chairman of Nigerian Bottling Company.

Reacting to the development in a statement on Thursday, President Bola Tinubu commended Coca-Cola for its long-standing partnership with Nigeria and for employing over 3,000 people across nine production facilities.

Tinubu said the investment highlights his administration’s commitment to creating a robust financial system and a business-friendly economy.

“We are business-friendly, and as I said at my inauguration, we must create an environment of easy-in and easy-out for businesses,” the statement reads.

“We are building a financial system where you can invest, re-invest, and repatriate all your dividends. I have a firm belief in that.”

Tinubu said private sector partnerships are crucial to his government’s reforms aimed at improving the business environment.

He pledged to continue to support Coca-Cola for expanding its investments in Nigeria and addressing environmental issues, including climate change.

Murphy, speaking on Coca-Cola’s impact in Nigeria, said the company generates ₦320 billion annually through nearly 300,000 customers and contributes almost ₦90 billion in revenue to the Nigerian government.

“We are very proud of the growth of the business over a long period and its impact on the daily lives of many Nigerians,” he said.

Zoran Bogdanovic, CEO of Coca-Cola Hellenic Bottling Company, attributed the company’s $1 billion investment pledge to its confidence in the Nigerian government’s policies.

“Mr President, in your inaugural address, we were very pleased to hear of your invitation for foreign investors to invest and your assurance that foreign businesses can repatriate dividends and profits,” the CEO said.

“That assurance gives us the confidence to continue our investments. Since 2013, we have invested $1.5 billion in Nigeria in capacity expansion, transformation of our supply chain infrastructure capabilities, training and development.

“I am very pleased to announce that, with a predictable and enabling environment in place, we plan to invest an additional $1 billion over the next five years.”

Bogdanovic said Nigeria’s potential is tremendous, pledging the company’s commitment to work with the government to realise it.

In November 2021, the beverage manufacturer had pledged to inject $1 billion into Nigeria’s economy.

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