ABIA GOV CRISIS: WHY UCHE OGAH CAN’T BE GOVERNOR—NWOSU

Sir Friday Nwosu, an aspirant in the December 8, 2014, PDP governorship

primaries in Abia State, who filed a notice of appeal at the Supreme
Court, against the judgment of the Court of Appeal, Abuja Division, has
given reasons why Dr. Uche Ogah, can’t be declared governor.

Nwosu who faulted the June 27th judgment of the Federal High Court 10,
Abuja, delivered by Justice Okon Abang which declared Uche Ogah as
governor, stated that the suit filed by Ogah is incompetent and
constitutes an abuse of court process, as the latter secretly instituted
another suit while responding to the earlier filed by Nwosu.

He also faulted the judgment of a five man Court of Appeal panel headed by
Justice Morenike Ogunwumiju who dismissed his suit against Ogah, stressing
that the learned Justices erred in law when they failed to properly
consider the documents placed before them.

Nwosu condemned the judgment affirming Dr. Okezie Ikpeazu
as governor, stressing that the appeal court erred in ignoring the obvious
false information and discrepancies in his tax document where he lied on
oath.

The PDP chieftain argued that Ogah having petitioned the PDP that only
people neighbouring states voted in the primaries while authentic party
delegates were locked out of the venue, had waived his right to benefit
from the exercise.

“Ogah while appearing as a respondent in the suit I filed, Ogah secretly
went and instituted another suit in the same subject in Abuja. He also
petitioned the PDP that only people from neighbouring states voted in the
primaries while authentic PDP delegates were locked out of the venue. Ogah
abandoned and waived his right to take any benefit of the process through
his own handwriting and signature that there was no primary held. So, is
the Appeal Court saying that any aggrieved person can be irresponsible in
his statements and conducts? The Appeal Court is wrong to have ignored
these salient facts. On Gov. Okezie Ikpeazu, no court can close its eyes
to the obvious discrepancies in the governor’s tax documents.The governor
gave false information and a forged tax documents.”

However, in a notice of appeal against suit No. Appeal No. CA/A/390B/2016,
FHC/ABJ/CS/71, filed at the Supreme Court, between Sir Friday Nwosu,
appellant and Dr. Uche Ogah, PDP, Dr. Okezie Ikpeazu and the Independent
National Electoral Commission, as respondents, Nwosu sought 6 reliefs; an
order dismissing the 1st respondent’s suit on the ground that it
constitutes an abuse of court process, an order that the suit of 1st
respondent i.e. Suit No. FHC/ABJ/CS/71/2016 is incompetent and the trial
court lacked the jurisdiction to hear and determine the Suit as
constituted; a declaration that the appellant was the rightful
gubernatorial candidate of the 2nd respondent (PDP) in the 2015 general
election by virtue of the 8th December 2014 2nd respondent’s (PDP)
gubernatorial primary election in Abia State ; a declaration that the
appellant is the duly elected governor of Abia State by virtue of the
governorship election held in Abia State in April, 2015, being the duly
nominated gubernatorial candidate of the 2nd respondent (PDP) and an order
that the appellant be sworn in as the Governor of Abia State by the Chief
Judge of Abia State or any other relevant Chief Judge or any judicial
officer empowered by law to do so, among others.

Nwosu further outlined 10 grounds of appeal and particulars of error on
which the five man panel of the Court of Appeal occasioned a miscarriage
of justice.

He said, “The learned Justices of the Court of Appeal erred in law when
they held that the 1st respondent’s suit No. FHC/ABJ/CS/71/2016 before
the trial court did not constitute an abuse of court process despite the
records placed before them which showed that the 1st respondent’s suit
was instituted after the 1st respondent has been sued as a defendant and
served with the appellant’s suit No FHC/OW/CS/191/2015 between all the
same parties and the same subject matter and reliefs sought being same;
the learned Justices of the Court of Appeal erred in law when they held
that the 1st respondent did not waive his right to be nominated as the
governorship candidate based on the 8/12/2014 PDP governorship primaries
in Abia state and thus failed to give effect to the written condemnation,
repudiation and rejection of the PDP primaries which the 1st respondent
effected in writing and on oath which were all records before the court.

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