Tension Hits Imo Assembly As Govt, House Leadership Plot Offensive On Anti-APC Lawmakers Six Lawmakers Battle For Survival, Go To Court To Stop Governor Chief Judge, Njemanze Nullifies Impeachment of Ex-Speaker, Opiah

IMHAA

By peter uzoma

As members of the Imo State House of Assembly resume plenary session today, uneasy calm and uncertainties are pervading the assembly complex.
The budding tension may not be unconnected with the plot of the executive arm of the House and the leadership of the House to move against non APC compliant lawmakers opposed to defecting to the new party alongside the governor.
A group of lawmakers reportedly are approaching the law court with a view to declaring that their letter of resignation deposed before the governor for mutual relationship was done under duress and justice should prevail against anybody using it to declare that seats vacant.
Trumpeta had on Friday January 18, 2013 exclusively revealed about the oath-taking scandal that rocked the Imo Assembly where the lawmakers reportedly signed resignation letters for the state chief executive. The resignation letter saga involved the APGA lawmakers who during the meeting allegedly got some money in returns and promised packages from Government House Owerri. Apart from the monetary inducements, their welfare and statutory entitlements will also be guaranteed by the executive arm as part of the oath-taking exercise.
The resignation letter was the collateral government extracted from the lawmakers which would be used to whip into line any defaulting lawmaker who goes contrary after benefiting from the amount and goodies.
Barely a year after the unholy romance, things are beginning to fall apart between the governor and the lawmakers. The bone of contention is their APC status as against the interest of the governor who had declared earlier and spearheading APC crusade in the state and South East.
Following developments that the resignation letters would be brought to public domain to ridicule some of the uncompromising APGA lawmakers and possibly declare their seats vacant, the concerned Members of the House are threatening court action against Okorocha and the Speaker. The lawmakers are claiming they signed the resignation under duress. The affected members are Honourables Victor Mere (Owerri Municipal), Dan Ikpeazu (Owerri North), Chino Obioha (Njaba) Eudora Igwe (Ideato North), Francis Ndunagu (Mbaitoli).
There is serious discomfort in the Assembly with allegations and counter allegations bothering on mistrust and high level of disaffection mistrust.
Trumpeta learnt that the state government is indirectly working to ensure that a particular member (names withheld) be sanctioned for instigating the upheavals in the House. The member from Orlu Zone was said to have objected to the idea early last year and never signed claiming that he was elected like the governor and has the mandate of his constituents and not that of the governor.
The lawmaker is said to be at the receiving end of several misfortune and latest development shows that the member is at the verge of being suspended for championing anti APC crusade among the lawmakers.
Meanwhile, a major judicial landmark was recorded in Owerri, the Imo State capital yesterday when the Chief Judge of the state, Chief Justice Ben Njemanze quashed and declared null and void the impeachment of Speaker Emeritus and Principal Officers of the Imo State House of Assembly by their colleagues on May 31st 2011.
Ruling on the matter where the Speaker emeritus, Rt Hon Goodluck Opiah his Deputy, Sur Jonas Okeke and other principal officers went to court to challenge the action of their colleagues who allegedly breached normal process and laid down regulations to remove them from office. Chief Justice Njemanze said the impeachment is illegal.
Njemanze while delivering judgment on the matter ruled that the impeachment did not follow due process as it abused the constitution of the Federal Republic of Nigeria. While stating that a section of the constitution entitles the legislators to certain actions, their actions should not run foul of the laws of the land and in contrast to laid down procedures for impeachment of Assembly officers. The State Chief Judge therefore declared that those who undertook the said impeachment went through illegal processes by failing to gather the necessary ingredients needed for removal of a principal officer of the House.
The judge observed that the Hon Onuora Olumba led special committee in defiance to stipulated procedures did not only fail to invite anti-graft bodies to investigate the allegations but also never waited for a report of any adhoc committee before going ahead with the kangaroo impeachment.
“Since no committee was constituted to investigate the allegations leveled against the complaint, the defendants erred in their actions. Therefore, their action is illegal and null and void.
Justice Njemanze awarded N50,000 cost against the defendants who will pay the claimants.
While Livy Uzoukwu (SAN) represented Opiah, Mbazuluike and Declan Madu stood in for Imo State House of Assembly and Amaechi Nwoha who benefited as the Speaker from the legislative coup d etat, respectively.
It would be recalled that less than two days to the end of the four-year legislative calendar, a group of lawmakers defiled established rules for impeachment to break into the hallowed chambers for a mock plenary session where they claimed to have removed Opiah and other principal officers of the House. Acting an already prepared script since a new government led by Okorocha came into power, the lawmakers numbering about 13, that is a far cry from the required two-third majority bulldozed their way to perfect a charade called impeachment. No notifications were extended to the accused persons while they were forced out in office in a way reminiscent of gangster movies replicate in undemocratic climes.
Reacting on the court judgment, Rt Hon Opiah described it as an act of God noting that the ruling truly indicates that judiciary is the last hope of common man and beacon for democracy in Nigeria.