Tunji Adedeji
The Local Government Election fixed for July 14th, 2018 by the Imo State Independent Electoral Commission (ISIEC) seems to be in jeopardy as National Industrial Arbitration court sitting in Owerri, Imo State on Monday gave a two-week ultimatum to the Imo State Government to settle out of court with the ISIEC boss also ex-speaker of Imo State House of Assembly, Rt.Hon Amaechi .
Bar Amaechi Nwaoha filed the suit, seeking to stop the State Government from relieving him of a tenured job as the chairman of ISIEC until legally removed from office and until his entitlements which have not been paid in the last four and half(4 1/2)years are cleared.
Joined in the suit as respondents are the Imo State Attorney – General and Commissioner for Justice and the Independent Electoral Commission (ISIEC) .
In the matter with suit no: NICN/OW/15/2018 presided by Hon. Justice. O.O Arowosegbe, Nwoha had through his lawyer averred that he was wrongfully dismissed from a tenured office.
part of the reliefs sought by Bar Nwoha is a declaration by the court that he is still the chairman of ISIEC until legally removed from office and until his entitlements which have not been paid in the last four and half(4 1/2)years are cleared.
Also, he is asking the court for a declaration that the new appointment of Mr Ethel Ibeabuchi as ISIEC chairman did not follow laid-down rules and on the above premise that “any action taken by him (Ibeabuchi) as commission chairman is illegal, null, void and of no effect”
In addition, he(Nwoha) is praying that he and other members of the commission can only be removed following the steps as laid down in the Nigeria constitution as amended in section 201,as well as uphold section 119 stipulating the tenure of chairmen and members of the commission.
At the resumed hearing of the case on Monday, Counsel to the Imo state Government. C Ibe Esq, Acting Solicitor, Ministry of Justice applied for settlement out of court to enable all parties in the matter settles amicably.
Bar Ibe appealed to the court to create room for all parties to explore settlement in the interest of Justice .we should be given benefit of doubt, if the defendants fail, my Lord can now go on to hear the matter.
The led council to the claimant , Bar .Ken Njemanze SAN, who objected to the said application for out of court settlement said the matter was for hearing and all parties in the matter have been duly served and application for out of court settlement is a strange words and should be seen as a delayed tactics.
He cited cases where the state government defaulted the out of court settlement application, saying ,we are not against out of court settlement but we asked for the merit of the case and if the defendant approach us after hearing the matter so be it ,he said.
Responding, Hon. Justice. O .O Arowosegbe, warned that the application for out of court settlement should not be ploy to delay the matter. He said substantive progress had been made, but there was need to get every party on the same page for a resolution.
In encouraging settlement, Justice Arowosegbe granted the state government and others two weeks out of court application ,as he granted fixed a new adornment date which commenced from Monday 28th,2018 to the 11th June, 2018.
The Judge gave directive on schedules of meetings to be held between Rt .Hon Amaechi and the Imo State Government and other parties involved in the matter I I’m still the ISIEC Chairman in Imo.
You can’t build something on nothing and expect it to stand. I’m hear to exercise my constitutional right. The essence is to challenge my purported removal from office
