Hon Justice Ngozi Opara’s court sitting at the High Court Owerri yesterday adjourned to 3rd of September 2012 for the ruling on the preliminary motions brought before it by the counsel to the embattled local government chairmen as claimants and that the Okorocha Imo State led government who are 1st to 4th respondents.
The counsel to the 1st respondent (Okorocha) 3rd respondent (IMHA) and 4th respondent (ISEC) Chief Niyi Akinlola (SAN) arguing on his motion on jurisdiction said that as long as the tenure of the LG chairmen expired on the 8th of Aug 2012 that the court has no jurisdiction to entertain the case any more. He also submitted that the entitlements of the chairmen during their unconstitutional sack out of office is guaranteed. Therefore ask the court to dismiss the case.
Barr S.A Njoku, Attorney General of Imo State who is the 2nd respondent, in his submission argued that the court has no jurisdiction to make an order to elongate the tenure of the claimants and can not give an order restraining the 1st respondent from dissolving the LG councils after 8/8/12 which the amended local government law states. Therefore the AG urged the court to dismiss the suit.
Responding, Barr E. O Agbo holding the brief of Dr Levi Uzoukwu (SAN) led counsel to the claimants, in his own submission, said that the law has not changed in the issue of jurisdiction which he went further to argue that according to law, when issue of jurisdiction is raised, it is for the court to determine it and not whether the claimants suit will succeed or not. He cited authority from AFWLR Pt 6:27 2012 page 1011. He also cited the ruling of Ladoja’s case stating that it was heard on its merit before judgment was given.
Presiding Justice Opara however asked the counsel to adopt their written address on the argued motion which they did. The Judge then adjourned the sitting to the 3rd of Sept for ruling on the motions.
