A Federal High Court in Abuja has struck out a suit
instituted against the National Judicial
Council, NJC and Imo State governor, Sen.
Hope Uzodimma to challenge the suitability of Justice Ijeoma Agugua as the substantive Chief Judge of Imo State.
Information available to Eastern Lead Express, states that the court action instituted by Hon JustinBrown Amadi who claimed to be a taxpayer was struck out by Justice Inyang Eden Ekwo on the ground
that the plaintiff has no locus standi
to file the suit.
Hon Amadi had earlier
joined Imo State Judicial Commission, Imo State governor, Imo State Attorney General, Imo State House ofAssembly and Justice Ijeoma
Agugua as other defendants in the matter.
He had requested that the court should consider if the NJC
has the capacity to recommend a suitable person for appointment as Chief Judge
for Imo State according to the provision of section 158 of the 1999 constitution.
Also he applied for court order to restrain the NJC from
recommending the Judge as the substantive Chief
Judge for Imo State.
He also claimed that his right to fair hearing will be breached if Justice Agugua is made the substantive Chief Judge without attending to his petition.
Following the development, the defendants filed separate preliminary objections against the suit
to query the legal right of the plaintiff in the Chief Judge appointment.
The defendants contended that being a mere taxpayer in Imo
State cannot confer legal right to Amadi to hold Governor Uzodimma and
institutions to ransom in the discharge of their judicial and legitimate
official functions.
However, according to judgment, Justice Ekwo agreed that
Amadi has no legal right to maintain such a suit before a court of record.
Also he held that the plaintiff
completely failed to prove how his legal right will be jeopardized if the
defendants are allowed to perform their duties.
“The plaintiff failed to show how his personal right
overrides those of the entire people of Imo state as being a taxpayer is not enough to institute
such an action.
“In a suit of this nature, plaintiff must establish that his
personal interest and legal right are real and tangible in law and not personal
aggrandizement as done in this
matter.
“From the totality of the case of the plaintiff, he acted in
bad faith with utter malice. He embarked on adventures without a cause. His case
is simply mischievous.
“I disagree with the plaintiff that his right to fair
hearing will be breached unless his petition against Justice Agugua is treated
first by the NJC.
“To allow the plaintiff to go ahead with this kind of suit
will amount to an individual holding a statutory body into ransom.
“This case is liable to be struck out and I hereby
accordingly strike it out for lacking in merit and substance,” the Judges held.
Supporters of Imo State Governor, Hope
Uzodinma, and his predecessor, Rochas Okorocha, have clashed over an
alleged plan to recall Okorocha as the Senator representing Imo West
District at the National Assembly.
While a group of Uzodinma’s supporters
called the Orlu Political Consecutive Assembly has insisted to continue
with plans to recall Okorocha from the Senate, the Association of Orlu Women
for Good Governance has urged Uzodinma not to spend state resources to
recall the senator.
AOWGG, at a press conference, asked
Uzodinma and Okorocha – who they described as their sons – to stop “disgracing
the people of Orlu zone.”
The association’s President-General, Mrs
Bailia Chibuike, advised Uzodinma to face governance and stop fighting
Okorocha.
She said, “The government of Chief Hope
Uzodinma should face governance and provide the dividends of democracy for Imo
people and leave Okorocha alone.
“The state government should take back
the N1bn reported to have been given to OPOCA (Orlu Political Consecutive
Assembly) for the so-called recall of Okorocha and use the money for other
meaningful things in the state.”
However, OPOCA has insisted on its plans to recall Okorocha, saying the senator “has crossed the red line and has touched the tail of a sleeping tiger.”
The group’s spokesperson, Modestus
Nwamkpa, who is also the Senior Special Assistant to the Governor on Print
Media, said Okorocha had not represented the district well at the Senate.
Nwamkpa said it was wrong for Okorocha to
have launched a “campaign of calumny” against the governor, who is also from
Orlu zone, where Okorocha represents at the Senate.
Nwamkpa said, “Now, the question is: why
does OPOCA want to recall Okorocha? It is said that ‘he who obstructs the peace
of the beehive should endure the pains of the bees’ stings.’
“Okorocha has actually crossed the red line. He has touched the tail of a
sleeping tiger and the resultant effect is what he is currently facing –
recall.”
Nwamkpa said OPOCA had been at the
forefront of defending the interest of Orlu zone, saying “any Orlu man holding
the position of Imo governorship must be protected at all costs. Orlu’s
interest must come first.”
Okorocha had on February 21 alleged that
Uzodinma attacked him with thugs.
The former governor and three of his
political associates were also arrested by the state police command after
government and security officials stormed the Royal Spring Palm Estate,
Owerri, and unsealed it.
The estate was linked to Okorocha’s wife,
Nkechi.
The state government said its action was in
accordance with a report of a judicial panel set up by a former governor, Emeka
Ihedioha, before he left office.
Meanwhile, youths operating under the
aegis of Imo West Youths for Good Governance have asked Uzodinma to sack his
Special Adviser on Special Duties, Chinasa Nwaneri, and his Senior Special
Assistant on Youth Affairs, Eric Uwakwe, for allegedly leading thugs to attack
Okorocha on February 21.
At a press conference in Owerri, the
state capital, on Wednesday, the Chairman of the Board of Trustees, IWYGG,
Prince Wisdom Nwauwa, asked the governor to hand over the two aides to the
police for prosecution.
Nwauwa said that the attack on Okorocha,
who is a serving senator, “was another sad commentary on our democracy.”
Supreme Court of Nigeria has adjourned suit brought
to it by the National leadership of the APC against Daniel Nwafor over the state chairman seat of the party in Imo.
Dan Nwafor had dragged the party in the state to
court challenging the constitution of the caretaker in Imo when his tenure as
the elected chairman of the party is yet to elapse.
The court of Appeal in 2020 gave judgment in favour of Nwafor as the only legal and authentic state chairman of the APC.
The court further ruled that caretaker was not known
by law, hence Nwafor would remain on seat pending the lapse of his tenure which
takes place by July 2022.
Unsatisfied with the said judgment of the court of
Appeal, the APC in a suit number Sc/cv/884/2020, adjourned the matter to
October 2022 for hearing.
However, the implication of this long adjournment
remains that Dan Nwafor by virtue of the Court of Appeal judgment remains the
elected state chairman of the APC in Imo.
Another implication is, before the adjourned date by
the Supreme Court, Nwafor’s tenure must have elapsed.
It would be recalled that the National leadership of the APC had in 2018, appointed Nlemigbo, the
state caretaker committee chairman of
the APC to replace the elected chairman, Dan Nwafor
Governor Hope Uzodinma of Imo State, yesterday, said he had no personal dispute with his predecessor, Senator Rochas Okorocha.
The clash
between the supporters of the governor and his predecessor resulted into to the
death of two persons on Sunday over the sealing of Royal Spring Palm Estate
Hotel, Akachi, by the state government.
The All
Progressive Congress (APC) in the state is tangled in a crisis following
the political differences and feud between Okorocha and Uzodinma.
Speaking
after meeting with President Muhammadu Buhari at the State House, the
governor faulted the claims that he was plotting Okorocha’s assassination.
“I don’t know
about any attempt to assassinate Okorocha, rather what I know, is I have no
personal issues with Okorocha.
“You will
recall that before I became governor, the Ihedioha administration set up a
judicial panel of inquiry to look into acquisitions and allegations of lands,
converting government lands to personal property, and then removing private
lands from individuals and giving them other individuals.
“The judicial panel of inquiry chaired by a judge met and they brought their job to a conclusion. And a white paper has since been raised.
“You know
institutions and agencies that are involved with implementation are doing their
job. And the only thing I know is that a few days ago, the former governor went
with his thugs to one of the properties sealed by government. You people saw
it, it was live.
“He went there with thugs, wounded the policemen there, wounded the NSCDC officer, who is currently still in the hospital and then broke in and entered.
“Of course,
you must have heard him say that he is richer than government and that he is
above the law. I am not directly involved. It is a position taken by
government.
“There is a
difference between governor and government. The government of Imo State sealed
the property. And I think that if there is anything anybody considers not
right, the person should go to court to redress the issue and not take the law
into one’s hand, or take to self-help.
“I remember
that under Ihedioha, there was a recovery committee, chaired by one Jasper
Ndubaku. When they tried to visit Okorocha’s house, they were beaten to a
stupor. And the same man who did that is now doing the same thing and almost
killed the man who did it during his time,” Uzodinma said.
Meanwhile,
Okorocha has debunked the claims that all the 14 persons arrested in connection
with the invasion of Royal Palm Spring Hotel were his aides.
Okorocha, in
a statement signed by his Special Adviser (Media), Sam Onwuemeodo, said
only two of the defendants were his aides.
He said 11
others were staff of the hotel, while one was a social media influencer, who
was there to do his job.