Law News
Alleged tax scam: Court hears suit against Abia PDP gov candidate Feb 25

The Federal High Court sitting in Abuja has fixed February 25 for hearing in a suit seeking to disqualify the governorship candidate of the Peoples Democratic Party, PDP, in Abia State Dr.Okezie Ikpeazu, over an allegation that he tendered forged tax clearance certificate to the Independent National Electoral Commission, INEC.

In a suit marked  FHC/ABJ/CS/35/2015, it was alleged that the Tax Clearance Certificate in  Form IT 70, reference No. SPA/HQ/2437 with serial number 095827  and dated 04/07/2014, which was submitted by Ikpeazu to both INEC, and the PDP,  showing payment of his Income Tax for the years 2011, 2012 and 2013, were forged.

The plaintiff, Sir Friday Nwanozie Nwosu , who is also a governorship aspirant of the PDP in the state, tendered copies of the alleged forged tax receipts of the 3rd defendant (Ikpeazu) with serial No .0012849 of 31/12/2011 for the sun of N166, 345.20, No. 0012846 of 31/12/2012 for the sum of N166,345.20 and No. 0012847 of 31/12/2013 for the sum of N38, 775.

Cited as 1st to 4th defendants in the suit were the PDP, INEC, Chief Ikpeazu and Dr. Uchechukwu Sampson Ogah(Representing himself and other Abia State PDP gubernatorial aspirants who rejected or challenged the validity or refused to sign the result of the 1st defendant primary election held in Abia State on December 8, 2014).

The plaintiff through his lawyer Mr. Tawo E. Tawo, SAN,  is seeking among other  reliefs; “A declaration that the 3rd defendant’s Tax Clearance Certificate in Form IT 70, reference No. SPA/HQ/2437 with serial number 095827 of Abia State Board of Internal Revenue dated 04/07/2014, showing the 3rd defendant’s payment of his Income Tax for the years 2011, 2012 and 2013 is a forged certificate within the meaning of s ection 182(1) (j) of the constitution of the Federal Republic of Nigeria 1999, as amended.

“A declaration that the 3rd defendant Income Tax P.A.Y.E. Receipt with serial no. ITR 0012849 of 31-12-2011 issued by Abia State Board of Internal Revenue for the period covering January to December 2011 as contained in the 3rd defendant affidavit of document in the nomination form submitted by him to the 1st and 2nd defendants is false, within the meaning of the provisions of section 31(6) of the Electoral Act 2010 as amended, taking into account that his letter of appointment dated July 19, 2011 into the relevant Abia State Government Agency with effect from July 18 2011 and the fact that his said income tax for 2011 was said to be paid on the 31/12/2011 but later than or after 2012 and 2014 taxes had been paid as shown on the face of the said Tax Clearance Certificate and Tax Receipt for 2011, 2012 and 2013.


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