An Owerri High Court, on Wednesday reinstated Eze
Cletus Ilomuanya, the traditional ruler of Obinugwu autonomous community in
Orlu Local Government Area, who was deposed by Imo Government.
The court also declared that the purported withdrawal of
Ilomuanya’s certificate of recognition and staff of office by Gov. Rochas
Okorocha on June 6, 2014 was illegal, unconstitutional, null and void.
Eze Ilomuanya had won nine legal cases against the Imo State
Government.
Justice Theresa Chikeka, in his ruling, frowned at the
governor’s conduct in claiming that he had dethroned the monarch via a press
release signed by the then Secretary to the State Government, Prof. Anthony
Anwukah. Anwukah is the current Minister of State (Education).
The judge said that the government breached Law N0.6 of 2006 and
violated various court judgments, restraining the governor or his assignees
from doing anything that would truncate Ilomuanya’s tenure as Chairman of Imo
Traditional Rulers ‘Council.
Such release by the Secretary to the State Government was not a
lawful instrument of authority and therefore null and void as it violates the
express provisions of Law No. 6 of 2006, the court maintained.
She noted that the defence put up by Okorocha’s counsel, Chief
Eddy Onyema, was alien to Nigeria’s rules. The court noted that in spite issuing an order on June 4, 2014,
ordering that parties allow pending appeal at the Supreme Court, the governor
and his attorney general, two days later, violated the said directive.
The actions of the governor contravened Section 36 of the 1999
Constitution. Similarly, Sections 13 and 14 (1) of Law No. 6 of 2006 provide
conditions precedent in Section 14 (1) (a-h), before the governor can exercise
his powers.
It was wrong for the governor to have acted as he did when the
Court of Appeal judgment of July 5, 2013 was still subsisting. The entire objections of the governor are misconceptions of Law,
Chikeka maintained.
Reacting to the judgment, Mr Miletus Nlemedum, the Attorney General
and Commissioner for Justice, said the state would appeal the judgment.
According to the commissioner, this is a miscarriage of justice
and we will appeal the ruling.
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