WEEKEND GAME. Choose a favourite lines from these!... Let Me share Mine 1st...
I
was surprised that I am yet to see “FESTUS KEYAMO'S MIGHTY FALL” published in
any of our National Dailies or Did I miss it? Well, below are 50 strong and
other major lines from Barrister Onyebuchi Ememanka.
Enjoy your weekend by
picking your favorite(s).
Mine is “Did
you actually expect Governor Ikpeazu to sit back and sing from the Adventist
Hymn Book while Uche Ogar strolls to take his seat? “
Now go through them and Pick
yours!
 |
| FESTUS KEYAMO |
50 major and other lines from
“FESTUS KEYAMO'S MIGHTY FALL” By Onyebuchi Ememanka Esq.
1.) When
I heard Keyamo released a press statement on the Abia political
imbroglio, I braced myself for an intellectual feast.
2.) I looked forward to an excellent legal analysis that will enrich
our jurisprudence
3.)
After reading the piece, what I saw was a poorly researched and
badly written piece.
4.)
The write up sounded more like a literary presentation replete
with ad hominem arguments.
5.)
Keyamo simply exposed
himself as one who blows nothing but hot air in legal analyses.
6.)
The gravamen of his presentation is that Governor Okezie
Ikpeazu, by reason of non-payment of his taxes as at when due was ab initio not
qualified to contest election as Governor.
7.)
The above statement, in Keyamo's books was enough to nullify the
candidature of Governor Okezie Ikpeazu.
8.)
It is obvious that Keyamo is completely ignorant of the constitutional
requirements for any person to contest election into the office of Governor in
Nigeria.
9.)
He is also oblivious of
the fact that tax and payment thereof do not form part of the conditions laid
down by the Electoral Act 2010, as amended…
10a.) If neither the
Electoral Act nor the Constitution do not make tax a condition to run for
elections,
10b.) will the evasion of tax or false declaration
thereof preclude anyone from contesting?
11.) One
critical point that has been missing in the entire Abia narrative is that
Governor Okezie Ikpeazu did not present any tax papers to INEC.
12.) He
couldn't have, since INEC does not require it.
13.) He
presented his tax papers to the PDP because the party requires it
14.) It
is elementary law that where the guidelines of a political party conflicts with
the provisions of the 1999 constitution,
14b.) the guidelines remain void to the extent of
the inconsistency.
15.a) That apart, Keyamo's
assertion that Dr. Ikpeazu "apparently rushed to pay all his backlog of
taxes just before the elections..."
15.b) show clearly that the
so called brilliant lawyer knows practically nothing about how our tax laws
operate.
15.c) He is ignorant of the
Personal Income Tax (PAYE) and how it applies to an individual who works and
receives salary.
16.) Dear activist Keyamo,
workers do not rush to pay taxes.
17.) Indeed, workers do not go anywhere to pay any taxes
anywhere in this world.
(a)
When a worker is paid his salary each month, his employer
mandatorily deducts his tax
(b)
and other things like pension contributions at source even
before the worker gets his money.
18.) Oga Keyamo, have you ever heard of GROSS AND NET SALARIES?
19.) Gross salary of a worker is the total package of emoluments payable to a
worker BEFORE any statutory deductions are made
20.) Net salary is actually
what gets to the worker finally after all lawful deductions have been made from
his salary.
21.) Therefore, Mr. Keyamo, a worker has absolutely no part to pay in his
taxes.
22.) He makes no
contributions whatsoever into how his taxes are assessed.
23.) Governor Okezie
Ikpeazu was an employee of the Abia State Government within the tax period
under review.
24.) He worked as General
Manager and Deputy General Manager respectively of ASPIMS and ASEPA.
.
25.) By his own admission,
Keyamo states that Governor lied on oath.
26.) The offence of perjury
is committed when a person knowingly tells lies in an affidavit.
27.) Let me ask Lawyer
Keyamo one elementary criminal law question. Perjury, is it a civil wrong or a
crime?
28a.) Keyamo should tell
the world what the standard of proof in a criminal matter is.
b.) Can a crime be proved
through affidavit evidence?
29.) How can Keyamo forget
so suddenly that crimes must be proved beyond reasonable doubt?
30.) Can that standard be
achieved in an affidavit?
31.) How come Keyamo forgot
that every offence in our statute books has specific ingredients which must be
proven one after the other?
32.) Keyamo, have you heard anything like MENS REA and ACTUS REUS before which
are the twin pillars of proof in criminal cases?
33.) Keyamo, since you are
so impressed with the judgment of Justice Okon Abang,
(a)
what does the Supreme Court say about the duty of a court when
faced with irreconcilable conflicts in affidavits in a civil matter?
(b) Could it be that Keyamo’s recent non-inclusion
in the final list of Senior Advocates of Nigeria has robbed him of the
analytical power of the average lawyer
(c) or is it that Keyamo is
just a guy who makes empty noise?
(d) Or did Keyamo probably
write in a hurry without doing his homework well?
Maybe..just maybe.
34
(a) Let me ask Keyamo again... Can a court, suo motu, interprete
technical information in a tax document without the benefit of a tax expert?
b.)
Can a court interpret a survey plan or engineering drawing or
even a bill of quantities prepared by a quantity surveyor?
c.)
Did the PDP, which presented the name of Dr. Ikpeazu as her
candidate to INEC complain that their guidelines were not met?
d.)
Did the Abia State Board of Internal Revenue tell anyone that
Dr. Ikpeazu did not pay tax?
35.) Can any court make any
valid finding on the contents of a document prepared by a statutory body
without any input from that statutory body?
36.a) Haba, Keyamo! How
come you said nothing about Ikpeazu's notice of appeal and stay of execution
(b.) which predated INEC's
issuance of the certificate to Ogar and were duly served on INEC?
37.a) is there any
precedent anywhere in our jurisprudence that an elected governor has been
thrown out of office by the orders of a court of first instance?
(b) Be it a pre or post-election
matter?
38.) Why did Peter Obi wait
in 2007 even after he got judgment from the Court of Appeal?
39.) Why didn't Peter Obi rush
into the Government House, Awka but he allowed Andy Uba to remain there until
the Supreme Court gave its final decision?
40.) Why is Dr. Ogar in a
hurry to be sworn in even when the entire gamut of our legal procedures have
not been exhausted?
41.) Is Dr. Ogar pursuing anything or is anything pursuing him?
42.) Dr. Ogar has been in
court for over a year now, why can't he wait for just a few more months?
43.) You described the judgment
of the Abia State High Court as "non sequitur". That's very
laughable.
44.) Abia judgment is valid and subsisting. The issues canvassed in that matter
are different from the one before Justice Abang and the parties are also
different.
45.) Was the Chief Judge of
Abia State a party before Abang?
46.) Keyamo, can the
judgment of a court bind a person who was not a party before it?
47.) Did Justice Abang make any orders on the Abia State Chief Judge?
48.) Does the possession of a certificate of return automatically make a person
governor?
(a)
Did you actually expect Governor Ikpeazu to sit back and sing
from the Adventist Hymn Book while Uche Ogar strolls to take his seat?
(b)
A seat he secured via a sacred mandate of the people of Abia
State after several weeks of vigorous and energy sapping campaigns across the
state?
(c)
And hand his mandate over to someone who was in Lagos drinking
champagne and never canvassed for votes for once?
(d)
A mandate that has been confirmed by the Supreme Court of
Nigeria?
(e)
Keyamo, The law expects all of us to be proactive in the defense
of what is ours, lest we be caught up with the doctrine of Laches and
Acquiescence.
(f)
Have you heard that one before? Eh, Oga Keyamo?
49.) The only order that
specifically affects the Abia State Chief Judge is the one made by the High
Court of Abia State.
50.) Do you expect the CJ
to disobey the orders of a court in a state she presides over in preference of
one that didn't mention her at all?
(a)
Bros, Keyamo, do the needful. Advise Uche Ogar and his co
travelers in this perfidious journey that Dr. Ikpeazu will remain in office as
Governor
(b)
until the highest court
in this country says otherwise.
(c)
And
yes, like you said in your poorly researched article, THE HEAVENS WONT FALL!
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