By; Anthony Anyanwu.
An Owerri High Court presided over by Hon. Justice Ngozi Opara yesterday vacated an earlier order of the Court restraining Imo State Governor, Owelle Rochas Okorocha from dissolving the twenty seven elected Local Government Chairmen in the State.
Justice Ngozi Opara had on Monday August 6th, 2012 granted an injunction to the elected Local Government Chairmen in the state in suit no. How:499/2012 restraining Governor Okorocha from dissolving them nor appointing any person or persons as Transition Committee Chairmen or by any other name or guise for the purpose of taking over the administration of the affairs of the Local Government Councils.
In his argument, the lead Council to the Local Government Chairmen and state Chairman of PDP Eze Duruiheoma (SAN) insisted that the Court can not go into the process without treating all the pending motions first.
According to him, this has become necessary since the motion in question is challenging the Jurisdiction of the Court, it has to come first or be withdrawn to give way for others.
Duruiheoma further explained that having been served a counter motion by the defendant on Wednesday August 8th and Thursday 9th, that he need at least twelve hours to reply to the counter affidavit or it should be withdrawn to allow fair hearing.
In his defense, the counsel to the defendant Chief Akintola Niyi (SAN) who however withdraw the motion further agued that the claimant should not be allowed to have double advantage over the respondents unnecessarily.
He said that between August 8th and 9th was over the twelve hours which the claimant is asking. And maintained that if the motion, on notice cannot be heard, it therefore follows that the experte order pending should be discharged.
After carefully listening to the argument of both parties, the presiding Judge Justice Ngozi Opara vacated the injunction accordingly and adjourned till Monday August 13, 2012 for hearing on the motion on notice on the interlocutory injunction filed by the Local Government Chairmen.
Justice Ngozi Opara further advised all the parties to file all the necessary things they want to file in respect of the matter immediately.
Reacting to the ruling, the secretary of ALGON and chairman of Ngor Okpala Local Government Barister Enyinnaya Onuegbu said that there was nothing wrong with the ruling.
According to Barrister Onuegbu, the elected Local government Chairmen are still in power as no dissolution can take place since both parties have submitted a dispute pending in Court.
Barrister Onuegbu, explained that it is duty bound on the parties to respect the status-quo until the Court decides one way or the other on the matter.
“To do otherwise will mean committing acts prejudicial to the authority of the Court. For us the Chairmen and Councilors are still in office”
Meanwhile, barely twenty four hours after the Justice Ngozi Opara Court vacated the injunction by the elected local government chairmen to dissolve them; Governor Rochas Okorocha yesterday evening directed the Directors of Administrations and General Services (DAGS) of the twenty seven local governments in the state to take charge of the LGA’s pending the next local government elections.
In the release signed by the Secretary of the Government of Imo State Professor Anthony Anwuka and aired in the Imo Broadcasting corporation (IBC) and other stations in the state directs all the Directors of Administration and General Services (DAGS) of the local governments to take charge of their various local governments.
In a swift reaction to the release, the secretary of ALGON Barrister Enyinnaya Onuegbu has called on his members to disregard the purported dissolution as it is illegal.
The message reads, this is to direct all democratically elected local government officials and appointees to attend to their duties from tomorrow and to ignore any illegal directive by Rochas and his agents directly DAGs to administer the councils as the status quo remains until the matter before the high court is determined.
We must defend our mandate, send to others please” the circular concludes.
