Appeal court voids Nnaji's order against Ngige's security aides
From John-Abba Ogbodo (Abuja) and Chuks Collins and Lawrence Njoku (Enugu)
THE Court of Appeal sitting in Enugu yesterday in a unanimous ruling quashed the January 2, 2004 order by an Enugu High Court judge, Stanley Nnaji, which directed the withdrawal of security aides attached to the Anambra State Governor, Chris Ngige.
Meanwhile, the Peoples Democratic Party (PDP) yesterday said it was yet to receive any official report on the Monday reported attempt on Ngige's life.
The court in its judgment stated that Justice Nnaji has no jurisdiction to entertain the matter in the first instance, hence declared the January 2, 2004 judgment upon which the Inspector-General of Police (IGP) acted on by removing all security aides hitherto enjoyed by Ngige, a nullity.
The court added that no high court has jurisdiction to entertain any case concerning a state governor while in office. It also ruled that an Enugu State High Court has no extra-territorial jurisdiction to entertain the matter in the first instance. The court also observed that the anomalous judgment arose from a case of enforcement of fundamental human rights brought before Nnaji by a suspended member of Anambra State House of Assembly, Mr. Nelson Achukwu.
The judge had on December 18, 2003 ruled that Ngige had resigned on July 10, 2003 and therefore had no right to use police security, which Achukwu claimed manhandled him during a PDP South-East zonal congress at Okpara Square in Enugu on December 6, 2003.
The five-man Appeal Court panel also observed that Justice Nnaji heard and decided on the case behind the respondent.
Earlier, as the panel chairman, Justice James O. Ogebe was about to read his lead judgment, Mr. Wole Adebayo, counsel to Achukwu, insisted that his motion dated November 24, 2004 must be heard first. He was given audience, but the document could not be found in the file before the panel. It took a lot of shuffling of papers by the five court registrars when Justice Ogebe asked Adebayo to furnish him with a copy of the motion.
The counsel stated that he was asking for stay of proceedings, pending the hearing and determination of the matter by the Supreme Court, which has a direct bearing on the substantive case, judgment of which was about being read. He listed five grounds, with a 13-paragraph affidavit in support of the application. The matter, he stated, was brought pursuant to Order 3 Rule 3(1) Court of Appeal rules/procedures.
However, Justice Ogebe pointed out that having known the matter was listed for judgment already, it was only in exceptional circumstances for which the court would stay proceedings.
Adebayo claimed that the fundamental rights of his client was impinged upon. But Justice Ogebe asked him whether he has balanced the interest of his client with that of the whole state (Anambra people). Before the counsel could reply, the judge then asked him what he would lose if he allows the court to read its judgment and to thereafter continue at the Supreme Court since he had jumped the gun by going ahead to the superior court already.
He also cautioned him to act as a lawyer not as a politician, saying that by bringing such motion at this stage does not portray him as a good lawyer, but more as a politician.
In his submission on the new motion, the lead counsel for Ngige and the state Commissioner for Justice, Chief Udechukwu Nnoruka Udechukwu (SAN) asked the court to dismiss the application for lacking in merit. He added that within the context of issues raised by Adebayo, there was no exceptional circumstance to warrant stay of proceedings in the matter. He also described the move as an affront on the court, saying that no person comes to court to insult the court, and at the same time expect it to adjudicate in the matter.
Udechukwu added that the decision of the Supreme Court will in no way have a direct bearing on the judgment of the court in the matter. He, therefore, asked the court to either dismiss or strike out the motion.
However, Adebayo, after listening to Udechukwu's argument quickly apologised to the court over his conducts and further requested that the vexatious paragraph 4 of his affidavit of support be deleted. He noted that it was in no way intended to insult the court.
The court ruled that no exceptional circumstances arose to warrant stay of proceedings. It also noted that the respondent (Achukwu) had consistently been delaying the hearing of the matter while chasing interlocutory matters all over the courts. It was dismissed with a N2,500 cost against Achukwu.
In a reaction shortly after the judgment, Udechukwu thanked God for the judgment, which he felt was belated because, according to him, it ought not to have come before the Court of Appeal at all.
"Now that the judgment, which President Olusegun Obasanjo has been waiting for has been delivered, which declared Justice Nnaji's order a nullity, now wait to see what he and his Minister of Justice will do next," Udechukwu noted.
Adebayo said he had no comments concerning the verdict, arguing however, "that by hierarchy of courts, which put Court of Appeal in the middle, the matter may not have been finally resolved."
He emphasised that even if he did not agree with the judgment, he cannot criticise the court in public, instead he will go to the Supreme Court, as an officer of the court.
The PDP's reaction on the report of attempt on Ngige's life came just as the police expressed its intention to quiz some people in connection with the recent mayhem in Anambra State.
The national publicity secretary of the party, Venatuis Ikem said the party had not received any report as at 5.20 p.m. when The Guardian called.
"We have not received any official report on such issue. I have only read it in the papers," he said.
Also, the Inspector-General of Police, Tafa Balogun yesterday said anybody linked with the mayhem in the state would be called for questioning.
Balogun, who stated this while fielding questions from reporters after a meeting with inspectors and rank and file of the police, however, admitted that the Commissioner of Police in Anambra, Felix Ogbaudu, had submitted a report on the recent mayhem in which several people died and public buildings torched.
"The commissioner has submitted a report and anybody mentioned in connection with it would be called for questioning," he declared. Ngige reportedly escaped assassination last Monday in Awka.
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