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You can’t remove Ngige
•Appeal Court tells Nnaji
•House wants police chief
sacked
NKIRU OKEKE, Enugu, and FELIX UKA,
Awka
FURTHER reprieve came for Gov.
Chris Ngige of Anambra State yesterday as the Appeal Court sitting in Enugu
nullified Justice Stanley Nnaji’s controversial order of January, 2004 directing
Inspector-General of Police (IGP), to remove the governor from office.
In a unanimous verdict read by Justice Ogenyi Ogebe, the
court ruled that Justice Nnaji, now dismissed in the wake of the verdict has no
jurisdiction to give such judgement which led the Police High Command to
withdraw both Ngige’s security details and those at public buildings in the
state.
Also, Anambra House of Assembly on Monday
passed three motions, one of them seeking the redeployment of Felix Ogbaudu, the
state police boss.
Nnaji’s order had followed a motion filed
by a suspended member of Anambra State House of Assembly, Mr. Nelson Achukwu, on
the allegation that Ngige had resigned as governor on July 10, 2003.
However, yesterday’s ruling came after the
Appeal Court refused to entertain a fresh application filed by the defendant
asking for a stay of proceedings in the matter pending the outcome of the second
respondent, the Anambra State Attorney General and Commissioner for Justice’s
appeal to the Supreme Court.
While requesting the court to entertain
the fresh application, counsel to the appellant, Mr. Wale Adebayo, said that the
application should be allowed to stay since there was no counter application
against it, adding that the matter involves the fundamental rights of his
client.
In his own submission, counsel to Governor
Chris Ngige, Chief Nnoruka Udechukwu (SAN), argued that the fresh application
lacks merit and should be struck out and added that there was no exceptional
circumstance to allow the application to stay, especially at this level of the
case.
Udechukwu, who is also the Anambra State
Attorney General, faulted the paragraph of the affidavit, which said that the
court decided erroneously, as an insult to the court.
While dismissing the plea for stay of
proceedings on the matter by the defendant’s counsel, Justice Ogebe noted that:
"The motion to stay of proceedings on the matter cannot be tolerated by the
honourable court and therefore stands dismissed with a fine of N5,000 on the
appellant."
Reacting to the judgement, Lagos lawyer
and one of Ngige’s counsel, Mr. Festus Keyamo said that democracy would collapse
in the country should the government disobey the judgement, adding that the
disobedience of the judgement is an invitation to military rule.
According to him, "the judiciary has
proved once again that it is the only organ capable of checkmating the excesses
of the executive arm of government. We will call on the National Assembly to
commence impeachment proceedings against the President should he disobey the
court judgement. The judiciary has shown the way that we must all follow, if we
want democracy to last in Nigeria. The judiciary has once again shown the
executive that it does not have absolute powers and that they must obey the rule
of law since their powers are constitutional."
"The judiciary has shown that Governor
Chris Ngige has set a very high standard for political office holders to follow.
The judgement has shown that for one to survive as a governor, you don’t need to
kowtow to the whims and caprices of the Federal Government, you don’t need to
kowtow to the whims and caprices of the godfathers and that you just need to
respect the constitution of the country and the will of the people. The
judiciary has only supported Ngige since he has respected the constitution and
rule of law and not the whims and caprices of the Federal Government and the
godfathers."
Following Nnaji’s order, Gov. Ngige
petitioned the National Judicial Council (NJC), pointing out, among others, that
the dismissed judge of the Enugu High Court overeached himself by hearing and
giving verdict in a matter outside his jurisdiction.
Gov. Ngige described the action as gross
malpractice and called for discipline on the judge.
The Anambra assembly, which also demanded
the redeployment of Ogbaudu’s three lieutenants, the Mobile Police (MOPOL)
squadron state commander, Mr. Evans Ebbe, the Assistant Commissioner
(Operations), Mr. A.N. Nadbawa and Area Commissioner in Onitsha, Assistant
Commissioner Mac Dennis Anyagagu, for their role in the recent mayhem, alleged
conspiracy on the part of the cops.
The assembly also called on the state
government to institute a judicial inquiry "with powers to recommend culprits
for criminal trial, sentence and imprisonment for the crimes and terrorism,
arson, looting and treasonable felony against the government and people of the
state" allegedly by certain listed persons.
The third motion urged the Federal
Government to "expeditiously release funds" for reconstruction and
rehabilitation of the structures destroyed during the mayhem (November 10-13)
because federal law enforcement agents allegedly watched "and did nothing" while
the arsonists wreaked havoc on the state.
Speaker of the assembly, Hon. Mike Balonwu,
who later briefed newsmen in Awka, alleged that Ebbe, on the eve of the mayhem,
enticed the lawmakers with N5 million each to impeach Gov. Ngige, the speaker
and his deputy, an offer rejected.
Meanwhile, the state House of Assembly has
suspended two of its members, Mr. Keluo Molokwu (representing Awka South I) and
Mike Ofor (representing Anambra West) for their alleged ignoble roles in the
mayhem.
Hon. Sunday Nwofilee (representing Ogbaru
II) was to be investigated for his alleged role in the incident.
The development followed a jointly
sponsored motion by the House which yesterday sat at the ruins of the chambers
of the House.
The 20 members of the 30-member House who were at the
sitting wore black attire to demonstrate their mourning of the mayhem.
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