By thompson agu, Abuja
Attempts by the Imo State Government through its agents to seek withdrawal of Eze Cletus Ilomuanya from the ongoing National Conference, (CONFAB), in Abuja seem to be of no effect as the national exercise has been going on without a mention of the case.
A government appointee and one of Governor Okorocha’s lieutenants, Chinedu Offor had told a national newspaper that Imo state government seeks recall of Ilomuanya who has been engrossed in a battle with the state government over the chairmanship of Imo State Council of Traditional Rulers.
Instead of discussing the matter, Trumpeta learnt that few delegates stood up to condemn the governor’s conduct adding that it was an act that runs contrary to accepted democratic norms. Led by former Speaker of Anambra State House of Assembly, Rt Hon Anayo Nnebe, the CONFAB delegates asked for a probe into the matter. Nothing of such was further mentioned.
In a related development, the purported withdrawal of Certificate of Recognition of the Obi of Obinugwu and Chairman of Imo State Council of Ndi-Eze, HRH Eze (Dr) Cletus Ilomuanya has assumed a legal dimension as the monarch has asked an Owerri High Court to declare the government’s action as “illegal, unconstitutional, null and void”. The monarch is also demanding N500 million as damages against Prof. Anthony Anwukah for issuing the Press Release that purportedly withdrew his Certificate of Recognition and staff of office as a traditional ruler.
In a suit brought by Originating Summons before the Chief Judge of Imo State, Justice Benjamin Njemanze, the monarch through his counsel, Obiora Obianwu, SAN, is contending that by the provisions of Sections 12(1), 13(2) 14(1) of the Imo State Traditional Rulers and Autonomous Community Law No. 6 of 2006 and Section 36 of the 1999 constitution (as amended), Governor Rochas Okorocha has no power whatsoever to unilaterally withdraw his Certificate of Recognition and Staff of Office.
He also argued that the said Resolution of the Imo State House of Assembly of December 14, 2011, upon which Okorocha and other two defendants, the Attorney General of Imo State and Professor Anthony Gozie Anwukah based their action,
“has been declared null and void and of no effect whatsoever by an Owerri High Court, Imo State, presided over by Justice Paschal Nnadi, on March 20, 2013”.
Eze Ilomuanya, who is also the Chairman of South East Council of Traditional Rulers, further contended that by the provisions of Sections 7 of Law No. 6 of 2006 of Imo State and 106(a) (ii) of the Evidence Act the recognition of a person as a traditional ruler is by ‘An Instrument’ and thus, his removal according to the law shall also be by ‘An Instrument’ and not by a Press Release. The monarch averred that by the admitted fact by the Attorney General of Imo State that there is a pendency of an appeal by the Governor at the Supreme Court in SC/573/2013, against the judgment of the Court of Appeal which issued a restraining order against the governor, it amounted to an abuse of court process for the same governor to turn around and take action aimed at pulling the carpet from off the feet of the Supreme Court.
“Inspite of this sound proposition of the law relied upon by the Attorney General of Imo State, the defendants purported to remove me from office in utter disrespect, disdain and contemptuous disregard of the extant order of the Court of Appeal and the pendency of the Appeal at the Supreme Court. The Law which they relied on says their conduct is not only an abuse of court process but a nullity and we agree entirely” Eze Ilomuanya stated. Hearing on this suit has been fixed for July 7, 2014.
