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Imo State And The Rule Of Law

Imo State And The Rule Of Law

Emman Nwaiwu

Philosophers of old and even the scriptures have told us that any action, decision, policy or programme that is founded on or conceived in injustice, illegality, iniquity, impunity or arbitrariness can never ever stand for long or endure with time. Consequently, societies in modern times are organised on systems of facts that regulate human behaviour. Any deviation from this system of facts or rules leads to anarchy and other forms of self-help which in itself destroys the harmony of such a society.

It is in this light therefore, that one appreciates one of the cardinal programmes of the Yar'Adua administration which is adherence to the rule of law.

Till date, the present Federal Government has through her actions encouraged other tiers of government to embrace the rule of law as a system of governance. However, the present Imo State government via her various actions and inactions which border on impunity and arbitrariness has towed the opposite direction.

On the 25th of July, 2007, an Okigwe High Court (in Imo State) presided over by Justice Ngozi Opara in suit no HO/32/2607 gave an injunction/order restraining the Imo State government and the panel set up by her to try a traditional ruler, Eze (Dr.) Oliver Ohanweh (the Obi I of Isiama autonomous community in Isiala Mbano L.G.A) on allegations bordering on actions incompatible with his status as a traditional ruler (His crime: frequent visit to senator Ifeanyi Araraume's country home).

Justice Opara in the order, prohibited further proceedings and actions by the Imo State government, and its servants, privies, organs or agents in the direction of attempting to dethrone or dethroning the applicant as a government recognised traditional ruler in Imo State until the final disposition of the substantive matter. The Imo State government was represented in this proceeding by a state counsel, and an order of substituted service was granted via either the Champion Newspapers or the Announcer - a local tabloid in Imo State. Consequently, the court injunction/order was published on the 30th of July 2007 in the Champion of that day on page 46.

Without vacating the above order, the Imo State government went ahead three weeks later to dethrone Ohanwe and in his place appointed another traditional ruler (for the same autonomous community) in the name of "Eze" G.I. Amaku which they referred to as "Obi II" against the norms, culture and tradition of the people. Currently, a contempt charge is hanging on the neck of the Imo State government at the Appeal Court in Port Harcourt which their counsel have refused to show up.

As a continuation for its penchant for the abuse of the rule of law, this same government has encouraged two members of the Imo House of Assembly (IMHA) to occupy their seats illegally. Why? The godfathers of the two assemblymen are friendly to the state government. This conspiracy, impunity, arbitrariness and connivance is between the government house, attorney - general of the state, the two godfathers, the speaker IMHA, and a Katsina based Federal High Court Judge recently transferred to Owerri to head the newly created Owerri Federal High Court.

Coincidentally, the two "honourable" members who are shamelessly still occupying their seats are lawyers. The House of Assembly seats involved are for Ahiazu Mbaise, and Oru West State Constituencies.

For the Ahiazu - Mbaise seat, the PDP candidate won the seat as announced by the Independent National Electoral Commission (INEC) on the 14th of April, 2007. the APGA candidate challenged the declaration and filed a petition at the Governorship and Assembly Tribunal Owerri. The tribunal in its judgment struck out the petition, ruling that though the APGA candidate won the election by scoring the highest number of lawful votes cast, but that he failed to join other parties' candidates and their scores in the same election. The APGA candidate rather than accept the judgment headed for the Appeal Court in Port-Harcourt. After hearing the appeal, the erudite panel of judges allowed the appeal and declared the APGA candidate duly elected having scored the majority of lawful votes at the election. A certified true copy of the judgment was issued and copied the relevant agencies including the IMHA. The Appeal Tribunal as known to everyone is the last court as far as State House of Assembly petitions are concerned.

What happened thereafter? Till today, the speaker of IMHA with obvious support from other conspirators has refused to swear-in the APGA candidate. His reason: He just received an Owerri Federal High Court order (in a case instituted by the PDP candidate (emanating from the same judge formerly of Katsina FHC) instructing him to maintain the status quo. Maintaining the status quo means allowing the PDP candidate to continue seating in the house for the past two months of July and August 2008 receiving salaries and emoluments.

The case of Oru West State House of Assembly seat is another case of the unexpected perfectly executed by the conspirators. The PDP candidate was declared winner by INEC having allegedly scored the highest number of lawful votes. The APGA candidate, another lawyer, challenged the declaration at the Tribunal and lost. He appealed to the higher Appeal Tribunal in Port Harcourt. The Appeal Tribunal judges ruled that there should be a re-run election in the constituency to be conducted by INEC within 90 days to determine a winner. While all were waiting for the re-run election, the APGA candidate with the help of his godfather went to a Katsina Federal High Court (presided over by the same judge then, but now of Owerri FHC) and obtained an order declaring him winner based on his allegation that the PDP, candidate did not fill the Expression of Interest Form of his party. What a reason! With the help of his godfather again, INEC issued him a Certificate of Return. Based on the Katsina Court's order and Certificate or Return the speaker IMHA swore him in as a member.

Meanwhile, INEC based on the Appeal Court order fixed 7th June, 2008 for the re-run election. The same APGA candidate (now an "Honourable"), the PDP candidate and candidates of other parties participated in the election. The PDP candidate won the election and was issued with his own Certificate of Return. The PDP candidate with his certificate proceeded to be sworn-in by the speaker IMHA. What happened next? The speaker refused, brandishing a new court order (obtained by the APGA candidate) issued by the same judge formerly of Katsina FHC but now Owerri FHC. Obviously sitting on appeal of his own order, the judge ruled that the status quo ante be maintained and adjourned the case to 30th October, 2008. Meanwhile, the APGA candidate has been seating as an "honourable" member of IMHA for the past three months. Welcome, to the "New Face" of Imo where the rule of law, court process, due process and democracy stand on their heads, and nourished by conspirators. Is it Attorney General of the Federation or National Judicial Council that should hear this? Both indeed.


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