The Peoples Democratic Party (PDP) on Tuesday appealed the judgment of Federal High Court, Abuja which removed Okezie Ikpeazu as governor of Abia on account of false tax information.
The notice of appeal filed at the Abuja division of the Court of Appeal, dated June 28 was obtained by the News Agency of Nigeria (NAN).
Apart from the PDP, Governor Ikpeazu has also filed a notice of appeal against the judgment removing him from office.
The PDP in the notice of appeal expressed dissatisfaction with the decision of the lower court which declared Mr Uche Ogah as its rightful candidate for the governorship election.
The party asked the appellate court to void the consequential order by the lower court which directed INEC to issue certificate of return to Ogah, the second runner-up in the PDP primaries.
The appellant set out five grounds for the appeal.
It contended that the trial court erred in law when it held that it had jurisdiction to hear the suit and it also misdirected itself when it misconstrued the provisions of the PDP constitution.
The appellant said it was not given the chance to be heard and the action of the lower court occasioned a miscarriage of justice.
PDP also contended that no evidence was led that Ogah, who was declared winner, participated in the 2015 governorship elections in the state.
It therefore, prayed the appellate court to hold that declaring Ogah as winner of the elections went contrary to the express provisions of section 141 of the Electoral Act.
The party urged the appellate court to set aside the judgment of the lower court.
Justice Abang Okon in a judgment on Monday ordered the sack of Ikpeazu as Abia governor.
The judge held that Ikpeazu supplied false tax information to INEC being part of prerequisite to clinch the party’s nomination.
The Judge held that evidence placed before him showed that the embattled governor forged the tax clearance which he presented as statutory pre-requisite to contest the April 11, 2015 governorship election.
He consequently ordered Ikpeazu to vacate the office with immediate effect and directed INEC to issue a fresh Certificate of Return to Ogah.
