DR UCHE OGAH’S MORAL COURAGE FOR THE RULE OF LAW

 Emmanuel Ugwumba

Recently I read the response of a supporter of the present governor of Abia State. He was responding to my post on the sterling qualities of Dr Uche Ogah. His response was childish and at best laughable. This fellow was angry that the biggest industrialist and philanthropist in Abia today went to court to seek redress over the abuse of process in selecting the party governorship candidate in the 2015 election. For him, that was desperation.

Hence, I wish to address him and a few others who required to know what transpired and how a quality society is built.

It is unfortunate that characters like him do not understand that where there is no structure, law and order, there can’t be an establishment; neither can there be prosperity. It is obvious that he does not understand that disregard for the rule of law is the real threat to the survival of democracy; and even of the society.

Only men and women of courage like Dr Uche Ogah could resort to the rule of law to address an injustice instead of seeking self help.

At the risk of being called names, being misunderstood and being targeted he went against a cabal that had impoverished Abia State. At the risk of his investment in the state, he stocked his neck out to battle the cabal. He risked his personal comfort and resources to seek to liberate Abia from the shackles of UNDERDEVELOPMENT.

There were so many other indigenes of the state who were financially buoyant but were not ready to take such risk or lose their friendship with the powers that be in the state. But he did out of passion for the people of his state. He had literally anything money can buy and could afford to keep quiet and allow the state to continue to sink while he enjoyed himself like some others. He passionately shared everything he had with the poor masses of the state. He had given scholarship awards to over one thousand (1000) indigenes of the state over the years. Built houses for the poor, gave financial support to people who had no money and supported people with funds to start businesses. Today, he is the highest employer of labour in Abia State outside government. He deliberately made effort to help grow the industrial sector in Abia and to provide employment to large population of unemployed youths. Thereby helping the entire state to grow.

It is unfortunate to read such a misinformed element attempting to cast aspersions on Dr Uche Ogah.

The case brought against the man presently occupying the governorship seat, had to do with the false information he presented under oath and what the 2010 Electoral Act says concerning it. We are aware of how the interlocutory case went and how the Supreme Court insisted that the matter must be tried on its merit at the Federal High Court Abuja. We saw how justice prevailed and also noted the Appeal Court and Supreme Court judgement on the matter.

First, they made every attempt to frustrate the matter from being heard. They took the interlocutory up to the Supreme Court.

Which makes one ask: why were they afraid of allowing the substantive matter to be heard when they were sure that their hands were clean? I thought that the right thing for someone who has no criminal baggage to have done was to have allowed the substantive matter to be heard so that he could quickly have his name cleared? Why was there unnecessary delays and result to media propaganda?

Again going by the verdict of the National Judicial Council on four petitions sponsored by the Abia cabal against Justice Abang who found the courage to uphold the rule of law it was clear that he did no wrong. Justice Abang was cleared on all cases and the NJC was emphatic in its pronouncement, stating that the Learned High Court Judge was on point with the law regarding that matter.

The Electoral Act 2015 as amended is clear about the fact that a contestant is required to present his document to his party after having sworn to an oath in any High Court of the land affirming the authenticity of any information he provides. By this act, the individual will be held liable for any false information so presented and not anyone else or institution. The opportunity of this oath also avails the individual the leeway to correct any noticeable discrepancies in his document by stating the true fact in his affidavit if any.

The law says if you want to contest an election you must file in an affidavit, fill a form, and disclose your educational qualification, your birth certificate and your tax papers. Now, the issue of tax is very critical. It was a constitutional requirement before it was recently amended that if you want to contest an election in any political party you must have paid your tax for three years as and when due. But in this case, it was discovered that someone had lied. There were so many lies on the face of his tax papers.

One of the things discovered was that he was alleged to have started paying tax tax a government worker even when he was not yet in the employment of Abia State Government. Two, the serial numbers on his tax receipts were evidence of deception. The 2013 serial number showed as if it was the beginning of the tax payment, whereas, the 2011 receipt showed as if it was the last payment. The serial numbers were conflicting. The conflict showed that he had not paid his tax as at when due in accordance with the law.

Third, was the issue of figures. Let us assume he was supposed to earn N500, 000 per annum but in his tax papers, it was showing above N1million. He said his tax was being deducted at source. But the question is: If that was so, why the discrepancies in his taxable income? Is it not what he was earning, he should be taxed on? The court found so many discrepancies in his tax certificate.

And the law in Section 31 of the 2010 Electoral Act as amended gives participants the opportunity to examine the documents of an opponent to validate whether he was qualified to contest for the primary election in the first place, because it is a pre-election matter. And if you find out in his disclosures and declarations that he has given false or misleading information, the section guarantees you the right to apply to a Federal or State High Court for a redress. You also have the right to ask that, that candidate be disqualified because he was not qualified in the first place to run for primaries. Section 31(6) says if such a candidate was found to have declared false information, he is liable to be disqualified by the court.

When Dr Uche Ogah found all that, he proceeded for Originating Summons, but Ikpeazu’s legal team came up with the issue that the court has no jurisdiction. So, it was trashed out at the Supreme Court. It ordered that the case be tried at the high court. And subsequently the case was assigned to Justice Abang’s court. Ikpeazu was not ready to face his case because he knew obviously that his records were not clean. That was why time was wasted, because that matter would have been settled long before the time it was finally settled.

Already, the Supreme Court had held in the case of Otti vs. INEC, that PDP is the winner of April 11, 2015 election in Abia State, the PDP is the party that ought to replace the candidate that was not qualified. This is exactly what Justice Okon Abang ruled on June 27, 2016. The judge ordered that Ikpeazu should vacate the office and that INEC should issue a Certificate of Return to Dr. Uche Ogah immediately and he should be sworn in immediately by the Chief Judge of Abia State. And this was exactly what INEC did. There was no contrary order to that judgment. It’s the extant law.

Yet, when Dr Uche Ogah was supposed to be sworn in but the cabal amassed hooligans in an attempt to cause violence in Abia and create a state of anarchy. Dr Uche Ogah being who he is, refused to be drawn into such violent disposition. In one of the interviews he granted during the period, he made it clear that he was not going to be governor at the risk of people’s lives. Because he has absolute faith in the rule of law. He was not the type to stoop so low to risk people’s lives and properties in order to become a governor. IT IS ONLY DESPERATE PEOPLE THAT DOES THAT AND THEY KNOW THEMSELVES.

It is obvious, from all the foregoing hard facts presented, there was no doubt that Dr Uche Ogah did our society and Abia State a favour by seeking redress in the court instead of engaging in violent activities to address the matter.

Abia people were happy with the judgement that mandated Dr Uche Ogah to be sworn in because it gave them the opportunity to have the man they always wanted to be their governor.

In spite efforts by this type of prejudistic supporters to confuse the matter, it is important to let them realize that when you swear an oath claiming that the information you have presented is correct and that you are liable upon the discovery that it is false, no other person can be held responsible for it.

It is obvious that they are ignorant of the role the rule of law plays in a society. And that those who have the courage to seek justice rather than resort to self help should be commended as heroes of society. Because societies defined by law and rules of engagement are far better positioned to make progress, whiles those that pay lip service to rule of law and pander to cheap profiteering ends up doing battle with the same old enemies which condemns them to underdevelopment.

History of successful economies and institutions in human society had always been based on respect for ethics and value systems which in actual fact act as the oil that lubricate the engine of progressive development. The whole essence of law is to uphold character and to insist that every member of society, especially leaders and those who intends to lead, live by example worthy of emulation for the sustainable moulding of a nation. Resources alone cannot build a state or nation, character and the rule of law does. Where there is disorder, only a few who operate outside the law benefit and where there is order, not only is there hope and lawful expectation of benefit, the lesson of history is that many more people find an opportunity for benefit and the realization of their expectation.

Maintenance of law is the defining essence of leadership, where it is lost there is no morality to uphold justice on behalf of the people. Especially, leaders amongst members of the society must stand on high moral ground and have the confidence of purity to administer law on the people and to issue punishments and grant reward when they are merited.

In this regard those who hold public office must do so as trustees of legacies of hope created by the sacrifices of others. They must realize that good governance and leadership are hinged on the ability to uphold moral values and passion to render selfless services.

As Abia indigenes, although we seek leadership, not any type of leadership. We seek leadership that is defined by the highest values as embodied by Dr Uche Ogah, which can help us fulfil our aspirations as a state and by extension as a nation. And they must first be driven by the pursuit of the highest values that can produce sanity in our polity.

Especially, those who determine who gets what cannot afford to be liars under oath and who are dodgy about their tax history notwithstanding our sentiment.

This is why we must commend the moral courage of Dr Uche Ogah for insisting on the rule of law.