Thursday, July 21, 2016

Fake or falsified certificate of return with Uche Ogah?


*Did Uche Ogah forge COR or gave false information?
I read the following lines from a publication on the purported
explanation of the registrar of the federal high court circulated by Uche
Ogah's surrogates.
"Registrar said the case before Justice Abang had a different subject-
matter, that Ikpeazu submitted form CF001 to INEC which were alleged
to contain false information.
“The court held that the information in Form CF001 as shown by him
(Ikpeazu) in the affidavit accompanied with other documents to INEC
are false and has nothing to do with forgery.
“The, court, therefore made consequential orders under the doctrine of
‘lis pendens,’ which disallows any transfer of rights or interest in any
subject matter that is being litigated upon during the pendency of
litigation in respect of the said subject-matter."
As a non lawyer I find that interesting. Much more than I find the
novelty of the explanation by the registrar.
Here is why.
Sampson Ogah filed his pre-election matter about 2 weeks before the
governorship polls in April 2015. Precisely 26th of March 2015. That
ordinarily makes it a pre-election matter and clearly filed when he
realized Dr Ikpeazu was headed to victory.
We need to note that PDP primaries held on the 8th of December 2014.
Dr Okezie Ikpeazu submitted his form CF 001 to INEC after the
primaries. Specifically on the 23rd of December 2015.
NOTE: the information deemed false by Justice Abang were details lifted
directly from the tax certificate confirmed by the court as truly issued
by BIR:
“The court further held that by the affidavit of the Abia State Director
of Taxes testifying that the documents are genuine, the court held that
there was presumption of genuineness of the assessment and the
certificate and/or receipts issued to Ikpeazu."-Registrar
What does the above mean?
It simply mean that he entered information presumed to be genuine by
all legal standards to INEC form CF001.
Just like if I have to fill an employment form under oath I will fill that
I have second class upper degree issued to me by a university. It doesn't
matter if later the university says they miscalculated my GPA and so it
should have been 1st class or 2nd class lower. As long as the university
admitted issuing the degree certificate to me the doctrine of
presumption of genuineness favors me and nobody can claim I forged my
degree certificate or entered false information in my employment form.
True or false? Over to lawyers.
But one thing is settled; Governor Okezie Ikpeazu DID NOT forge tax
clearance certificate or tax receipts. The courts have said so, as
confirmed by Ogah's court registrar. Sorry, Registrar of the Federal
High Court of Nigeria.
Let me now make two observations for legal minds to examine.
According to the Registrar, Justice Abang ruled on the basis of
information presented to INEC by Dr Okezie Ikpeazu. In my view, Uche
Ogah is not known to INEC in law as he did not submit anything to INEC
and was not submitted to INEC by any political party. From INEC
position, his legal status is like mine: an unknown quantity without locus
standi to sue INEC on the Abia Governorship election.
Uche can only make claims related to the primaries he claimed he
participated in, not with regards to whatever is submitted to INEC.
My question: can I also go and sue as a member of PDP in Abia and
Abang will issue me a certificate of return as the governor of Abia
State? After all as a registered PDP member some other members that
attended the convention may have wanted to make me the candidate of
the party.
Secondly, INEC issued attached certificate of return to Uche Ogah and
stated that he won the election of April 11th 2015. Unfortunately the
election held by same INEC in Abia on April 11th 2015 was inconclusive
and returned no dully elected Governor. In law, no winner emerged on
that date.
In fact, I wish to unequivocally state that the original and genuine
certificate of return issued to Dr Okezie Ikpeazu by INEC in 2015
specifically stated that he won the elections held on April 11th and 25th
2015.
Is the certificate issued to Ogah a forged or falsified certificate or
should we presume genuineness since it was INEC that purportedly issued
it? If you presume genuineness here then why didn't Abang presume
genuineness in the tax certificate and information entered by Dr Okezie
in form CF 001?
Or should we arrest INEC officials and Uche Ogah for forging certificate
of return? Do not forget that in seeking to be inaugurated as Governor
of Abia State Uche Ogah submitted that patently fake certificate to the
Osisioma High Court and others. Did he or did he not submit false and
fake information?
Can Uche Ogah validly be sworn in on the basis of the Governorship
election of April 11th 2015 that produced no winner? That is assuming
that he wins at the Supreme Court.
The answer is NO. What is with Mr Ogah as "certificate of return" is
either fake or falsified and surely not a legal document that can form a
basis for swearing in because Abia Governorship poll produced no winner
as at April 11th. That was why I called it "tissue paper".
My people, I rest my case. But I must warn INEC officials not to
surreptitiously change the tissue paper they issued Uche Ogah within
hours of a court ruling. That will effectively incriminate them as parties
to a criminal conspiracy. Nigerians are seeing copies of what they issued
on the 30th of June 2016. Members of the media and security agents
should also note these facts.
As the Supreme Court pleases.
JOK

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