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IGP Can't Remove Ngige, Says Appeal Court
•NBA chides FG •Police: No attempt to asassinate Anambra gov By 'Deji Elumoye in Lagos Charles Onyekamuo and Anayo Okoli in Awka, 12.01.2004
The Court of Appeal sitting in Enugu yesterday set aside the order of an Enugu State High Court presided over by Justice Stanley Nnaji on January 2, directing the Inspector-General of Police, Mr. Tafa Balogun, to remove Anambra State Governor, Dr. Chris Ngige, from office. Also yesterday, the Nigeria Bar Association (NBA) expressed concern over the apathy of the Federal Government to the recurrent crisis in Anambra State. Delivering judgement on the appeal filed by Ngige, the presiding judge, Justice James Ogebe, noted that six issues were formulated as grounds for appeal which included a question on the jurisdiction of the Enugu High Court to entertain a case from Anambra State. The court upheld the judgement of an Awka High Court presided over by Justice F. Nwizu which had earlier set aside the Enugu High Court order. The Appeal Court finally set aside the order of Justice Nnaji, insisting that the Enugu High Court had no jurisdiction over Anambra state government and awarded N10,000 costs against Hon. Nelson Achukwu, the complainant. The court had earlier dismissed an application by Achukwu's counsel, Mr. Wole Adebayo, to stay proceedings pending the hearing of interlocutory appeal his client filed at the Supreme Court. He said there was no exceptional circumstances to warrant a stay of proceedings. The court also awarded N2,500 cost against Adebayo's client. Justice Nnaji's order was sequel to an action filed by a suspended member of the Anambra State legislature, Achukwu claiming among other things that his fundamental human rights were violated by security personnel attached to Ngige December 6, 2003 at Okpara Square, Enugu during the PDP South East Zonal mid-congress. The Court of Appeal sitting in Enugu had, however, ordered on January 12, a return to the status-quo pending the determination of the appeal filed by Ngige challenging the High Court decision. But Achukwu headed for the Supreme Court claiming that he was not given fair hearing, thus, prompting the then presiding judge, Justice John Fabiyi and two other Justices who sat on January 24, to stay further hearing pending the appeal at the Supremem Court. Reactions to the judgement varied yesterday. Ngige's counsel and Attorney-General of Anambra State, Mr Nnoruka Udechukwu (SAN) expressed optimism that with the judgement, the IGP, Tafa Balogun and the Attorney-General of the Federation, Mr Akin Olujimi (SAN) would be in a better position to advise for the full restoration of Ngige's security details withdrawn in partial fulfilment of Nnaji's order. But Achukwu's counsel, Adebayo, however, remained ambivalent. "Our hierachy of courts places the Court of Appeal in the middle. Our hierachy of courts left to my client the option to appeal or not. If I am not satisfied, the appropriate place to go is the Supreme Court," he said. But one of Ngige's counsel, Mr Festus Keyamo, said by the judgement, the judiciary had once again shown that it remains the balancing force in the democratic dispensation. Also, rising from a two-day National Executive Committee (NEC) meeting in Yenagoa, Bayelsa State, the NBA after deliberating on the state of the nation especially the situation in Anambra State deplored the silence of the Federal Government over the spate of violence and destruction of public property in the state. In a two-page communiqué signed by the association's president, Chief Bayo Ojo (SAN), and General Secretary, Hon. Nimi Walso-Jack, the NBA called on President Olusegun Obasanjo to look into the crisis "and bring to an end the state of insecurity in Anambra State." The association further submitted that "the president must be aware that if there is a breakdown of law and order in Anambra or any other state, he as the leader will be held responsible." The NBA also called for the arrest and prosecution "of all identifiable participants involved in the destruction of public and private properties in Anambra State." According to the communiqué, "NEC expressed concern over the increase in political interference in the appointment of judges and removal of chief judges across the country." While condemning any interference by politicians, the NBA reiterated that recommendations of the National Judicial Council (NJC) has traditionally been respected by the appointing authorities. "Also unacceptable is the spate of removal of chief judges by chief executives. We recommend that chief executives have recourse to the National Judicial Council before utilising the democratic machinery wherever it becomes necessary to do so." Meanwhile, Anambra State Police Command yestserday said there was no attempt to assassinate Ngige, saying that the sporadic gunshot at the gate of the state radio (ABS) was by Ngige's personal security guard to ward off any approaching enemies. The police made the clarification even as the state police commissioner, Mr. Felix Ogbaudu said he has no regret over the role of the police in the recent mayhem. He said his men did their best under the prevaling circumstance. Ogbaudu announced that about 18 suspects were arrested for the recent mayhem and that 14 vehicles, including four motorcycles were impounded. He said there will be no end to the Anambra crisis unless what he called "fundamental issues" were resolved. He said he is not afraid of redeployment but added that even if police commissioners are changed on daily basis, the crisis cannot be resolved until the fundamental issues are addressed. "You are all aware that a three man Senate committee visited the state yesterday to assess the destruction in the recent crisis. I was part and parcel of them. Yesterday in the evening, they were taken to the ABS. The place is walled. We have taken them round and they were about deciding the next place to visit when the governor's convoy was noticed coming. There was sporadic shooting. One of the Commissio-ners (Chief Atuegwu) told me that it was the opposition that was attacking the governor. I went outside and saw some moblie policemen strategically positioned at the Aroma Junction, a stone throw from the ABS gate, I was later told that the shots were from the governor's personal guards. "Later, the president of the Students Union of Nnamdi Azikiwe University, Awka phoned me to report that their bus was shot at by the governor's men in the convoy, that the shots came from a white bus in the governor's convoy. "Later today, (yesterday) there was a report that some people were kidnapped and their vehicle missing. These issues of attack and abduction are the subject of investigation by the State Criminal Investigation Department (CID). There was information also available to me by the commissioner that the opposition were lurking around in the bush. But when I came out I did not see anybody", the police commissoner said. On the allegation of police complicity in the November 10 - 12 attack, Ogbaudu denied his men were involved. He said the police did their best but did not have enough manpower and logitics to face the hoodlums whom were in their hundreds. "I will like to state here very clearly that we did the best we could under the circumstance. No responsible law enforcememnt agency will sit and watch hoodlums destroy properties and maim human beings. "Initially, we arrested close to 30 people, they were screened and some of them were found to be innocent. We have 18 suspects. We impounded 11 vehicles and some motorcycles. Because the judiciary is not working, we granted them bail pending when the courts are working, they can be charged to court. Nobody died in the incident", Ogbaudu said. On the speculation that he may be redeployed because of his alleged role in the Anambra mayhem, he said: "I cannot be dismissed just like that, on the basis of a petition to the Police Service Commission. I have to be issued with a querry. There is a procedure to be followed. "What I wish for this state is peace. It is only a mentally unbalanced person that will jubilate for destruction. It is only the tackling of the fundamental issues that will bring peace to the state, if you like change the commissioner of police every day, we will only be dancing in the circle. Anambra state is 13 years old and has had 13 police commissioners, is it a good record?. The discomfort is not with me but with the state. "I am not afraid of redeployment. We specialize in buck passing here, but I don't lose sleep over my redeployment. The only solution is to comfront the fundamental problems", he said. The current crisis in Anambra broke out less than two months after Ngige was sworn in as governor as a contingent of policemen led by Assistant Inspector General of Police Raphael Ige (now late) at the instance of Chris Uba, Ngige's enstranged political godfather, abducted the governor while his purported resignation was ratified by the State House of Assembly. After Ngige was let off by those who put him in custody, he insisted he did not resign and the Assembly reverted itself. In the aftermath of the crisis, the then deputy governor, Okey Udeh and Speaker, Gloria Azodo, were impeached. The latest violence in Anambra happened on November 10 when some hoodlums believed to be from Uba faction destroyed most government offices including the offices of the governor and his deputy, the state House of Assem-bly complex, State Electoral Commission, the state High Court building, radio and television stations and several others. Obasanjo in his monthly radio programme, 'The President Explains' at the weekend said the Anambra crisis has moral implications because Ngige refused to keep agreements.
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