Expectedly, my last week’s edition on “Eze Ilomuanya, Ohiri Royal Rumble” generated reactions from different quarters. While some are reacting on my facebook status, others chose to either call the number or sent text messages to contribute their quota to the discussion. It is for this that I will give the commentary further mention in Agwodinuju column.
For the benefit of these who missed the write-up, I reflected on the recent Appeal |Court decision where the Chairman of Imo State Council of Traditional Rulers, Eze Samuel Ohiri who was appointed by the State Governor, Owelle Rochas Okorocha, during his maiden broadcast to Imo people after he was sworn-in on May 29, 2011, was sacked and ordered for reinstatement of the removed Eze Cletus Ilomuanya, who was incharge before Okorocha boarded the power vehicle in Imo. I was worried that the state government has maintained incriminating silence by failing to carry out the court decision and making official statement concerning the verdict. I likened the development to similar court cases that found Okorocha and his rescue government wanting on acts at variance with the law.
Before I fully commence on the continued abuse of law, let me showcase the views of a lawmaker I have much respect for on the “Rule of law”. Since he braced all odds to win the House of Representatives Speakership position and his approach to legislative matters that brothers on national issues and discourse, Rt Hon Aminu Waziri Tambuwal (CFR) has continued to win my admiration. In a lecture he delivered at Aminu Kano Centre for Democratic Research and Training, Mambaja House, Kano on Wednesday 17th April 2013, the fast emerging political icon, in his topic “Rule of Law as Fundamental Condition for Democracy and Good Governance in Nigeria”, said that “Democracy and Rule of Law are, in both theory and practice inter-woven and mutually reinforcing. The principle of Rule of Law is, like other attributes of liberal democracy, such as accountability, transparency and human rights protection and promotion, essential element of democracy without which the process, dynamics and success of a democratic system is likely to be endangered, some would say benefit of its inherent value and sanctity. But differently, without the rule of law democracy is impracticable as arbitrariness is likely to hold sway and torpedo the process of realizing good of avarice.
“The term rule of law encompasses all it takes to uphold, promote and safeguard the supremacy of law over any proclivities of institution, groups or individuals. It is a term which is essentially instrumental to the nurturing of a write democratic culture and democratic consolidation”, the Speaker added.
Placing this definition and preamble side by side with what is happening in Imo state in terms of disrespect to rule of law are omnivorous signs of looming dictatorship and anarchy.
In other words, the triangular relationship between democracy, rule of law and good governance has not been deeply entrenched into the Rescue Mission style of government. Therefore, there is mockery of the Rule of Law in Imo with the state government ignoring several court rulings against it. A closer examination of the Okorocha’s approach to governance shows that the rule of law has been relegated to a mere conformity with the ideological smokescreen of the state government.
The Achilles heel in Okorocha’s act of strangulating the rule of law is his failure to recognize and implement the Appeal Court decision on reinstatement of sacked elected Chairman and Councilors of the 27 LGA’s in the state. To ensure that the judgment was not implemented, the Governor instituted measures to frustrate the elected Chairmen/Councilors from continuing in office. After initial skirmishes about control of the councils by out-going Transition Committee Chairmen, (TC) with the reinstated Chairmen/Councilors, where a life was lost at Ikeduru Council headquarters, Iho, during the attempted take over bid, the state government ordered LG workers on forced leave to prevent the Chairmen/Councilors from assessing the Council Secretariats.
Without consideration of pending suits at competent law courts about the tenure of the elected Chairmen, the Governor few months ago went ahead to appoint Sole Administrators, SOLADs, which could be said to be another action that challenges Okorocha’s respect for rule of law. Without consideration for ongoing appeal for interlocutory injunction filed by ALGON at the Court of Appeal that is waiting for hearing on the tenure of the elected officials, as they claimed that their offices have not expired, the Governor appointed SOLADs.
Okorocha’s bizarre executive lawlessness can also be noticed with the Appeal Court verdict given against the State Governor on the issue of Chairmen of Traditional Rulers’. While keeping mute over the judgment, the state government has given the sacked Ohiri, another brand name that heightens the rape of law. With impunity, Eze Ohiri’s designation has changed from Chairman of Ndi Eze to Chairman of Community Government Council, CGC. While the appointment has not been made public, the action is another aberration of the law as there is no where in the existing CGC law where anybody should be appointed Chairman of CGC, except for the Chairman of the Monarch’s body in Imo state.
Eze Ohiri claims of studying the judgment is another smokescreen to perfect illegality by allowing the legally removed monarch to continue in office with the full paraphelenia of office Chairman of Ndi Eze Imo.
There is no gain saying in the fact that Gov Okorocha may be suffering from hangover of colonial repression and military arbitraries to exhibit inexplicable phobia to court rulings.
It is worthy to note that the present administration is not the first to receive bashings from the law courts. During the era of Ohakim, the former Council Chairman of Owerri Municipal, Oshieze Vincent Ehirim went to State High court and succeeded in being re-instated after his mates had left office. The immediate past administration had no option than to obey the verdict and allowed Oshieze to complete his tenure. From all indications, such would have been an anathema for Okorocha government had it been it happened during the Rescue Mission regime.
The recent appointment and swearing-in of magistrates by the state government is another simmering act that tends to suggest that the state number one citizen acts as if he is either the source of law or above the laws of the land. A public analyst, prolific writer and practicing lawyer, Barr Emperor Iwuala in one of his epistles narrated the controversy trailing the appointment of magistrates. According to Iwuala, due process was lacking as the process of selection negated the Rule of Law where the state government failed to re-absorb sacked members of the Judicial Commission. The selection of magistrates without obeying court order for re-instatement runs foul of the law and makes the appointment a charade since re-instated Judicial Commission members were not allowed to perform their statutory roles in accordance with the law.
Imo is witnessing undisguised gubernatorial imperialism and impunity by the Governor’s lack of respect for Rule of Law. The Eze Ilomuanya case as well as previous disregard to rule of law, have raised fears that Okorocha may be wearing the garb of a dictator, which is not in tandem with his democratic ethos and oath of office he took to protest the sanctity of our constitution.
These expressed worries coincided with a recent comment by the Chief Justice of Nigeria (CJN) Mrs Aloma Marian Mukthar that “bad governance, disrespect for rule of law and constitution provision were major causes of dislocation and distortion in the country.
Since the Governor’s seeming preposterous decision not to obey court decision against state government intensifies, there is apprehension in several quarters that the state might explode in crisis should the impunity continue unrestrained. A school of thought believes that since some of the judgments were delivered by Federal High Court, Industrial Court and Appeal Court, all of federal body, the country’s Attorney General and Minister of Justice should compel the state government to obey the court verdicts.
The Federal Ministry of Justice might not be watching the macabre dance in Imo as it may intervene to check the destabilization of judiciary by Okorocha’s suspected fascist tendencies. Such dictatorial steps are undemocratic symptoms that would brew schematic relationship between the state and federal government.
If men of the Nigerian Police, considered to be a federal agency is employed by the Federal Ministry of Justice to implement the Appeal Court decisions, on the reinstatement of Eze Ilomuanya, definitely there would skirmishes between the state and the federal government and Gov Chibuike Rotimi Amaechi debacle with the Police in Rivers State may be another political melodrama that would expose the Imo state to another public discourse.
Unfortunately, members of the Nigerian Bar Association, NBA, in the state, have also kept mute over the utter disregard to rule of law by the state government. From all indications, there profession is in danger in the state when the law is no longer the hope of the common man in Imo since the state government has no respect for rule of law, it would be worthless hiring the services of a lawyer to seek legal solutions to flawed constitutional issues.
To save the legal profession, the body should boycott court cases in Imo to intimate the state governor of their ill-feelings to his perceived lawless posturing.
Another institution that is expected to rise against this impunity is the office of the Attorney General and Commissioner for Justice. The rumoured desire of the removed AG, Soronnadi Njoku to get the apex appendage of Senior Advocate of Nigeria, SAN, to his name may suffer setbacks no thanks to the lawless disposition of his former principal. Like my earlier comment, accusations by Senator Hope Uzodinma that Okorocha is a serial law breaker, puts a question mark on his capacity and advisory role to the governor as ex-Chief Law Officer of the state. In normal climes where public officers are accountable to the masses, Soronnadi would have called it quits than allowed his image tarnished by the Governor’s excesses on legal and constitutional issues. Same applies to another old war horse and an elder in Okorocha’s sacked cabinet, Barr Francis Dike. These are challenging moments for the Imo State University Professor of Law, as his principal has exhibited disregard for Rule of Law. As practicing lawyers, how would Soronnadi Njoku and Francis Dike feel if the verdict of a case they won in the law court was not implemented by a state Governor?
The Governor’s perceived neglect to rule of law is also a moral burden to the likes of Niyi Akintola, SAN, who is the pronounced government lawyer. Such disregard questions the integrity and capabilities of the learned gentleman’s association with Okorocha on legal matters.
Unarguably, Gov Okorocha and indeed some elected officials do not understand what Rule of Law entails democracy and good governance as well as the rule of the constitution. that is why they act as if the constitution is inanimate and therefore irrelevant to political process. It is important our dear Governor and his co-travelers in the Rescue Mission boat realizes the omnipresent and omnipotent nature of the constitution, which is the body of law that all citizen and non citizens residing in Nigeria must allegorically speaking bow and kneel before it.
