AWKA — THE Court of Appeal sitting in Enugu yesterday quashed the January 2 controversial verdict of the Enugu State High Court that asked the police to remove Governor Chris Ngige of Anambra State from office.
It was that verdict delivered by now dismissed Justice Stanley Nnaji that the Federal Government used as basis for the withdrawal of the police security of the governor. The security was partially restored only a few weeks ago following the last mayhem in the state.
The Court of Appeal’s decision came on a day the police dismissed reports of an assassination attempt by hoodlums on Governor Ngige in Awka on Monday.
The five-man panel of the Appeal Court headed by Justice James Ogebe in a unanimous judgment, allowed the appeal filed by Ngige on the grounds that the Enugu High Court had no jurisdiction to entertain the suit which was filed by a member of the Anambra State House of Assembly, Mr. Nelson Achukwu, against the governor. It, therefore, and set aside the proceedings and the order of the lower court removing the governor from office.
Mr. Achukwu had filed the application before the High Court, asking it to commence proceedings for the enforcement of his fundamental rights against the governor and Justice Nnaji who presided over the case granted all the applicant’s requests as set out in reliefs one to six and went further to order the police "to remove the 3rd respondent (the governor) from office the same manner it put him in office on 10th July 2003, after having resigned as Governor of Anambra State."
Gov. Ngige then approached the Appeal Court to challenge Justice Nnaji’s verdict. The lawmaker raised a preliminary objection against the governor’s application but the Appeal Court overruled him, declaring that it could not allow technicalities to overrule an issue of jurisdiction.
Delivering judgment yesterday, Justice Ogebe said: "For all I say in this lead judgment, I must tell you that the trial court had no jurisdiction to entertain the suit before it and make the order for the removal of the 1st appellant. Accordingly, I allow this appeal and set aside the proceedings and the order of the lower court removing the 1st appellant as the Governor of Anambra State as a nullity as they relate to him."
The court, therefore, struck out the case and awarded a N10,000 cost against the respondent (Achukwu).
Speaking with reporters after the judgment, Attorney-General and Commissioner for Justice of Anambra State, Chief Udechukwu Nnoruka Udechukwu SAN, who led a team of lawyers for the governor, expressed the hope that with the Appeal Court’s verdict the governor’s security apparatus withdrawn based on the Nnaji judgment of January 2, this year, would now be restored.
"I understand that the Federal Government and its Attorney-General said that it was because of the order of Nnaji that they were withholding police security from the Governor of Anambra State.
Now that the judgment has been declared a nullity, I wait to see what the president and his attorney-general will do. For the past two weeks, the keynote of everything that I have to say is that I am anxious and nervous every minute waiting to know what Mr. President wants in this country. So, I am still waiting to see what Mr. President will do after the judgment," he said.
Also speaking, Lagos-based human rights activist and lawyer, Mr. Festus Keyamo, who was in court to listen to the judgment, said the judiciary had by the verdict shown once again that "it remains the balancing force in this dispensation," adding that the judiciary had proved that it was the only organ capable of checkmating the excesses of the executive.
"Once again, the judiciary has shown the way that we must all follow if we want democracy to survive. What the judiciary has done is to tell the Federal Government that it does not have absolute powers, that its powers are constitutional and must obey the rule of law. The judiciary has also shown that Chris Ngige has set a very high standard for all political office holders to follow," he said.
Keyamo further said by this judgment, "Ngige has shown that for you to succeed as governor you don’t need to be controlled by the whims and caprices of the Federal Government."
No attempt on Ngige’s life, say Police
Also yesterday, the Anambra State Police Command dismissed reports of an attempt to assassinate Gov. Ngige, saying sporadic gunshots at the gate of the state radio (ABS) on Monday came from Ngige’s personal security guards to warn enemies to steer clear. The police made the clarification even as the state police commissioner, Mr. Felix Ogbaudu, said he had no regret over the role of the police in the recent mayhem, saying his men did their best under the prevailing circumstance.
Ogbaudu said about 18 suspects were arrested over the recent mayhem and that 14 vehicles, including four motorcycles, were impounded. He said there would be no end to the Anambra crisis unless what he called "fundamental issues" were resolved and that he was not afraid of redeployment but added that even if police commissioners were changed on a daily basis, the crisis could not be resolved until the fundamental issues were resolved.
His words: "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 (Monday) in the evening, they were taken to the ABS. The place is walled. We had 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 commissioners (Chief Atuegwu) told me that it was the opposition that was attacking the governor. I went outside and saw some mobile 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 (SCID). 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 commissioner said.
On the allegation of police complicity in the attack, Ogbaudu denied, saying the police did their best but did not have enough manpower and logistics to face the hoodlums who, he said, 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 property 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 would reopen. They can be charged to court. Nobody died in the incident," Ogbaudu said.
Police to redeploy Ogbaudu
Meanwhile, the Police Service Commission may have recommended the redeployment of Anambra State Police Commissioner, Mr. Felix Ogbaudu, following the inability of his security to contain the mayhem and arson that engulfed the state for about three days. Vanguard gathered that the commission decided on the action to disabuse the minds of Nigerians who were beginning to say the entire police fraternity was working hand in hand with some politicians to ensure lawlessness in Anambra State.
The Police Service Commission met for over five hours on Monday to deliberate on the Anambra crisis especially the role of the Nigerian Police. Petitions had flooded the commission from different groups including human rights bodies, Anambrarians and members of State Houses of Assembly over the role of the police, thus prompting the meeting.
In convening the emergency meeting, the commission had said: "It is constitutionally mandated to exercise disciplinary control over any persons holding office in the Nigeria Police Force other than the Inspector-General and also had powers to dismiss any police officer found wanting in the performance of his or her duty."
However, the Inspector-General of Police, Mr. Tafa Balogun, yesterday described as worrisome the present wave of attacks and killings of policemen by armed robbers especially on the highways, saying the incident calls for reappraisal of the anti-crime strategy of officers and men of the force.
Only last week, seven policemen were killed in Edo State, bringing to 15 the number so far killed by armed robbers in Edo State in the last one month.
"We have to revisit our combat readiness and strategy. We must be alert while mounting checkpoints, pinpoints and other strategic patrols in the fight against crime. These incidents are happening because our men on anti-crime and anti-patrols are not fully alert," he said.
Balogun who spoke during an interactive session with Inspectors, rank and file of the police force from all over the country, advised them to remain vigilant especially during this period of Christmas, saying this is the period that robbery activities are rampant.
"You are aware of the Benin episode. If the men had not stood clustered together, it would have been difficult for the robbers to kill them all. So next time, spread out because these armed robbers may look harmless but dangerous. If you are spaced out and they see that attacking one person will lead to their arrest, they will not attack you," he said.
