The stake is getting high again in Imo State polity following fresh struggle for the Deputy Governorship position as the sacked number two citizen, Sir Jude Agbaso engages in another round of battle to reclaim his lost seat.
When the members of the Imo State House of Assembly initiated impeachment process against him, the former Deputy Governor, Sir Agbaso rushed to the court to challenge the action. Surprisingly, when the impeachment process was completed and 26 members signed for his removal, and Agbaso was replaced by Prince Eze Madumere, the impeached Deputy applied to the court for withdrawal of the suit.
However, Agbaso has made a volte face as he has again approached the court to challenge his impeachment and subsequent removal as the Deputy Governor of Imo state. In Suit No. HOW/295/13, the former Deputy Governor is claiming that his purported removal is a deliberate disrespect for Judicial Process, Rule of Law and Breach of Right for fair hearing and accordingly null and void.
The former deputy Governor in the declarations sixteen declarations sought for in the originating summons further sought an order of Perpetual Injunction restraining the Speaker of the Imo State House of Assembly, the Imo State House of Assembly and the Attorney General of the State from “interfering with stooping, preventing or obstructing the Claimant from resuming and continuing in his elected office as the Deputy Governor of the State”
In the declaration stated by Agbaso’s counsel, Ken Njemanze (SAN), in the High Court of Owerri, holden at Owerri, the claimant sought a declaration that “the publication of the document entitled “Petition Pursuant to S.188(1) 1999 Constitution as Amended. Re: Gross Misconduct By the Person of Sir Jude Agbaso, DeputyGovernor of Imo State” Dated 7th March 2013, in the Daily Sun Newspaper of Thursday March 14 2013 does not comply with the mandatory constitutional requirement for personal service of Notice of Allegation of Gross Misconduct under Section 188(2) CFRN 1999 and not the same as the Notice of Allegation of any gross misconduct provided for under section 188(2) CFRN 1999, adding that the said publication is a violation of section 188 (2) CFRN 1999.
Agbaso further sought a declaration that the inauguration/setting up of the Panel of seven under the chairmanship of the 3rd defendants (Justice GODDY Aninuhu) instead of the appointer of the panel, the Chief Judge of Imo State is invalid a Judge of the High Court having no role whatsoever under Section 188 CFRN 1999 in the appointment and inauguration/setting up of the said panel. It further sought a declaration that all the alleged steps taken by the defendants leading to the removal of the claimant as Deputy Governor of Imo State are not in compliance with the provisions of Section 188 CFRN 1999, a declaration that the purported removal is unconstitutional, null and void and of no effect whatsoever as well as a declaration that Agbaso is and still remains the Deputy Governor of Imo State and is entitled to his salaries, allowances and other paraphernalia of office as Deputy Governor of Imo State
By this singular exercise, the position of the incumbent Deputy Governor, Prince Eze Madumere, who recently rose to the exalted rank from his Chief of Staff position is shaky as no one can predict the outcome of the court ruling pending the final determination of the case.
Meanwhile, June 10, 2013 has been fixed as date for the hearing for accelerated motion on the matter.
It would be recalled that Agbaso was removed some weeks ago based on alleged graft-taking offence. However, recent developments especially investigations by private and anti graft agencies have revealed that the N458m bribe alleged to have been collected by the impeached Deputy Governor from Jpross has been traced to banks in Dubai and Lebanon said to have been master minded by Joseph Dina owner of Jpross.
