Wednesday two weeks ago witnessed another judicial pronouncement that has affected the political landmark of Imo State.
The judgment, if respected after growing legal fireworks would turn the tables in terms of who will be in charge of the LGAs in Imo State. A Federal High Court sitting in Owerri, declared illegal, the appointment of Interim Management Committee, IMC, to manage the affairs of the Council Areas of Imo state, in place of the elected chairmen and councillors.
Suspended chairmen and councillors elected during the tenure of Rochas Okorocha in 2018, had gone to court to challenge their suspension and tactical removal from office by the administration of Emeka Ihedioha who came into place after May 29, 2019 change of power when Ihedioha succeeded Okorocha.
While Okorocha was of the APC, Ihedioha came under PDP platform. But, Ihedioha’s era was brief as the Supreme Court taking final decision on who won the Imo State Governorship case gave victory to Hope Uzodinma of the APC thereby sacking the PDP candidate from Government House, Owerri.
On getting the mantle of leadership, Uzodinma also removed the IMC members put in place by his immediate predecessor.
After operating for weeks with Directors of Administration and General Services, (DAGS) Uzodinma also appointed IMC members believed to be from his political camp.
In his ruling on the matter, the presiding judge, Justice Ringim declared null and void the act of sacking elected council chairmen and councillors in place of caretaker arrangement adding that such behaviour is in contrast to the Nigeria constitution.
The judge further declared that those who were appointed to man the affairs of the councils in place of the elected officials remain “personal aides of the governor and therefore are “ghosts”. He directed the removed chairmen and councillors to report to the councils and resume work. The judgment went further to ask for no funding from the Revenue and Fiscal Mobilization Commission, (RFMAC) for the LGAs in Imo if the IMC are in charge.
However, weeks after the court decision, the chairmen and councilors elected during the Okorocha era are yet to near the gates of the councils and are unable to take possession.
This pattern of development is not new to people of Imo who can quickly recall that part of the sad reminders of the Okorocha’s era was neglect for rule of law and disrespect to court judgments against the state.
Imo people have quickly jettisoned the court judgment reinstating the 2018 elected chairmen and councilors since Okorocha was the architect of disrespect to judicial pronouncement in the State during his tenure.
A flash back to events in Imo when the former governor took over in 2011 showed that in Okorocha’s maiden address to the people, one of his pronouncements was the dissolution of existing structures put in place by his immediate predecessor. Ikedi Ohakim. Among those he sent packing were duly elected chairmen and councilors, the immediate government he took from organized in an election in 2010.
After spending barely ten months in office with more years left, Okorocha swept them off in one full swoop. The aggrieved chairmen led by that of Isiala Mbano, LGA, Ruby Emele, and Enyinnaya Onuegbu of Ngor Okpala , now Special Adviser and Commissioner respectively, to the present Governor Uzodinma administration went to Federal High Court to seek redress.
The court declared null and void Okorocha’s action and asked the elected LGA officials back to offices. The administration of Okorocha not only refused to allow them in but also visited some with physical attacks at the various council headquarters with hired thugs who organized the ambush when they made attempts to regain their position as directed by the court.
It was sad tales from the Ohakim elected chairmen and councilors who were not allowed to operate as declared by the court. I am aware their matter is still in the law court at the Supreme Court level before Justice Ringim ruling.
At the Appeal Court where Okorocha rushed to challenge the decision of the appellate court declaring his action unconstitutional, the elected officials still won, yet his administration failed to respect the rule of law.
During the period Okorocha was in charge, many of those who won last week’s federal court judgment asking them to return to the council, with their acolytes, witnessed the former governor’s refusal to allow the Ohakim elected officials resume.
Apart from non respect to what the court ruled asking the 2010 elected chairmen and councilors back to offices, Okorocha also failed to acknowledge the decision of Judges concerning the restoration of Eze Cletus Ilomuanya as the chairman of the Imo State Council of Traditional Rulers, as well as the court declaration against the demolition of Eke Ukwu Owerre market in Owerri Municipal, amongst others.
Ilomuanya was incharge of Ndi Eze Imo during Ohakim’s era. He had a five-year mandate as enshrined in the law establishing the constitution of Ndi Eze. On the same day the duly elected LGA officials were illegally removed, Ilomuanya was also arbitrally sacked. For a greater part of the former governor’s tenure, he experienced legal battle with the lawyers of the former Ndi Eze Imo Chairman. At the end of the tussle in court, Ilomuanya emerged victorious from appellate court to Appeal and Supreme, but Okorocha never allowed him space to preside the affairs of the monarchs in the state again. Instead, the former governor who is now Senator Representing Orlu zone (Imo State Senatorial District) chose to operate with his favorite, Eze Samuel Agunwa Ohiri as the chairman. The Eke Ukwu Market demolition episode may still be fresh in the memory of the residents. Despite court barring Okorocha from any action, he still moved in with bulldozers to bring down the popular Owerri market. It is pertinent to state that the push against the law claimed the life of an 11year old boy, named Somtochukwu who died through bullet shots suspected to have been fire by trigger happy security operatives the former governor came with during the “Operation Bring Down Eke Ukwu Owerre”.
Imolites who were witnesses to the desecration of judicial pronouncements by Okorocha are not surprised that those he organized their elections to be council chairmen and councilors may not smell the LGAs again even after getting a valid court judgment.
It is obvious that the Okorocha elected LGA officials will not push harder to be reinstated considering what the man who facilitated their election in 2018 did to the 2010 elected officials. It has also been noticed that key players during the Okorocha era battling with their conscience lack the moral fibre to ginger the incumbent into allowing the court decision be.
Even as the present administration has made an official statement about the Justice Ringim Judgment and followed up court action, it is obvious that Uzodinma may toe the Okorocha method in shutting the gates of the LGA against the winners of the Federal High Court, Owerri case.
The Uzodinma administration has gone to Appeal Court to challenge the Ringim judgment and went further to file an Application for an injunction restraining the plantiffs.
According to C.O.C Akaolise, Attorney General and Commissioner of Justice, Imo State “by the pendency of these applications the Okorocha purportedly elected LGA chairmen as law abiding citizens ought to respect the rule of law and allow the court to determine the application pending before it”.
The government man incharge of justice went further to add a caveat “further to the above, the 27 LGA council chairmen dissolved by Rochas Okorocha in 2011 whose case is pending at the supreme court applied to the court to Appeal for leave to appeal against the judgment of the federal High Court as interested persons and obtained an Order from the Court of Appeal that all parties in the matter of the LGA in Imo State should maintain the status quo pending the hearing of the matter before the court of Appeal”
According to the State Government by the Order of the Court of Appeal, the interpretation is that the Okorocha elected chairmen, those dissolved by Okorocha and IMC of Uzodinma appointed in April 2020, and Government of Imo State to remain in their present position pending the hearing of the matter before the court of Appeal.
The government went further to warn against anyone taking laws into his hands as the status quo remains pending the hearing of the matter on July 20, 2020 at the Appeal Court.
It is pertinent to state at this point that if Okorocha had allowed the 2010 elected LGA officials return to their offices after two courts had ordered for their go ahead Uzodinma’s administration would have willy-nilly accepted the judgment without objection. There would have also a public sympathy to the 2018 officials who got recent judgment. A collective crusade forcing Uzodinma to respect the rule of law in the management of the council affairs would have been entrenched.
Suffice it not note that irrespective of who emerges gainer and loser in the ensuring scenario, a dangerous trend has been instituted in the politics of the state if those at the helm of affairs keep turning their backs to the rule of law and judgments of competent court of jurisdiction. Until the Appeal Court hears and takes decision on this pending matter, let’s keep our fingers crossed to avoid prejudice.
I will not end this piece without making public this spectacular post a friend shared with me in the social media while my ink flowed on this subject. It states “Be wise… Don’t justify illegality because your crony and associate is involved… what comes around goes around” According to him, his late father counseled him about “the need for one to chase away any fowl scattering or feeding on human waste (shit) because he/she might be the one to buy and eat the fowl latter.
“If we continue to support something done in error because of political affiliation, association and selfish interest, we would never get it right politically in this state/ country”
The fellow went further to state “strengthening of our democracy is nothing but correcting the blunders of the past administration not using it as an excuse or justification for another blunder”.
He summed up by adding “two wrongs can never make a right, rather it can enthrone a barbaric and bizarre norm”
I wouldn’t know why the fellow chose to send this message to me at this auspicious moment. I respect his views. He acted as if a soothsayer had informed him I am dwelling on this commentary for this week to fire me with the witty saying.
Either coincidental or deliberate, I recognize that the sender was one of the social media influencers that drummed support for Okorocha during his hey days as Imo governor.
For me, it is a matter of conscience, but as one of the Okorocha victims and now SA to the Governor on Local Government and Chieftaincy Affairs, Ruby Emela put it before a reporter “Which of the judgments do we recognize; those elected in 2010, sacked in 2011 and court returned in 2011 or those elected in 2018, removed in 2019 and asked by the law courts to return in 2020?
Any way it goes lets watch and see.
