Daily Independent Online.
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Friday, July 09, 2004.
Remove Ngige, FG tells Supreme Court
By Rotimi Fedeyi
Senior
Correspondent, Abuja
The
Federal Government on Thursday asked the Supreme Court to remove Anambra State
Governor Chris Ngige from office, saying he was unconstitutionally sworn into
office in 2003 by Justice Joseph Chuka Okoli, who should have retired after the
expiration of his term as the state Chief Judge.
In
a counter-claim filed by the government to the suit by Anambra State seeking to
declare as unconstitutional the removal of Ngige’s security personnel,
Abuja said the state has no constitutionally valid governor in office who can
enjoy the rights, privileges, recognition and other facilities under the
Constitution.
Federal
Government lead counsel Philip Umeadi informed the court at the resumed hearing
on Thursday that what the state is asking is for the Supreme Court to give an
advisory opinion on the issue before it.
He
said such a request is not known to law and asked the court to strike out the
case.
The
suit by Anambra State, in which the 36 states are defendants, is seeking to
compel the Federal Government to restore the police security of Ngige.
However,
the Federal Government urged the Supreme Court to declare, among others: that
the oath of office and oath of allegiance purportedly administered on Ngige on
May 29, 2003 is unconstitutional, null, void and of no effect; Ngige cannot
constitutionally assume the functions of governor not having taken the oath of office and the oath of
allegiance to the Federal Republic of Nigeria; and he ceased to be governor on
July 10, 2003 following his letter of resignation and the receipt thereof by
the speaker of the state Assembly.
According
to Abuja, from official records, Okoli who swore Ngige into office should have
retired by June 15, 2002 in line with Section 291( 2) of the Constitution.
Okoli,
according to records in the Society of Middle Temple in England and the Council
of Legal Education, Bwari, Abuja, was born on June 15, 1937 and should have
retired on June 15, 2002.
Abuja
argued that all the acts of Okoli while
in office from June 15, 2002 - including but not limited to the administration of the oath
of office on Ngige - are unconstitutional and, therefore null, void and
of no effect whatsoever.
However,
in the substantive suit, Anambra State is asking the Supreme Court to interpret
the Constitution on the power of the President and the National Assembly to
remove a governor from office.
It
is seeking a declaration, among others, that President Olusegun Obasanjo has no
constitutional right to remove police protection from the governor of Anambra
State or of any other state.
The
state is asking the court to
declare that neither the President nor the inspector general of police has the
right to withdraw the security apparatus of any governor.
It
wants a declaration that Ngige cannot be removed by the President through a
proclamation of a state of emergency.
Other
declarations being sought include:
•
That the high court of any state has no constitutional power or jurisdiction of
entertain any suit and to make any order therein for the removal of a governor
having regard to Section 184 of the Constitution and
• Having regard to the Constitution, state high courts
have no extra territorial jurisdiction outside their state and the law
establishing them so as to entertain a proceeding and to make any order for the
removal of the governor of any state.
