The hearing of the experte motion filed at the Hon Justice Nonye Okonkwo Court in High Court Owerri, seeking for the dissolution of the panel instituted by the Gov Rochas Okorocha led Imo state government to probe the former Gov, Dr Ikedi Ohakim on the alleged squandering of N62b state fund expectedly would have began yesterday, Wednesday but for the absence of government counsel.
The presumed legal fireworks between three Senior Advocates of Nigeria representing Ohakim were not ignited due to the absence of counsel to the Government, Gov Okorocha, Attorney General of the State and the Panel at the sitting yesterday. The trio of Bar Ken CO Njemanze (SAN), Bar Jude Nnodim (SAN) and the led counsel Barr. Levy Uzoukwu (SAN) are representing former Governor Ikedi Ohakim.
Ohakim is praying among other declarations that it is unconstitutional and illegal for the 1st Defendant; (Okorocha) to set up the Judicial Commission of inquiry on Award of contracts in Imo State from 30th May 2007 – 29th May 2011 headed 3rd Defendant, (Hon Justice Goddy Anunihu) whose terms of reference include the investigation of purported criminal infraction of the claimant.
Ohakim also requested that the document or report known as “Report on Imo State Account Reconciliation June 2007 – May 2011” submitted by the Exco Committee on Account reconciliation Dec 2012 which was accepted by the Imo State Government under the 1st Defendant and which Report indicted the claimant and/or his administration for alleged criminal offences without giving the claimant a hearing breached his right to fair hearing and therefore unconstitutional.
That the said “Exco Committee” of the Imo State Executive Council which indicted the claimant/and or his administration for alleged criminal infranstraction lacks the competence or power to render such indictment.
Hon Justice Nonye Okonkwo in his ruling for adjournment ordered that the Panel should be served through the secretary whose office is located at the High Court premises. He however adjourned the case to the 20th of May, 2013.
In a related development, the Hon Justice SM Shuaibu Court sitting at the Federal High Court Owerri has declined jurisdiction on the suit filed against the state government by the Imo state PDP and Barr. COC Akaolisa.
Declining jurisdiction, the judge averred that the questions posed for interpretation by PDP and Barr. COC Akaolisa as plaintiff are for State High court, although the suit has merit.
Consequently, ALGON, according to their secretary, Hon Enyinnaya Onuegbu, hereby affirms that it will support an appeal against the ruling and reiterated that the ruling does not affect their pending appeal also against the Justice Ngozi Opara ruling which will come up on 22nd April, 2013 at the Appeal Court, Owerri. In his words “ALGON remain irrevocably committed to the inviolability of our 3yrs tenure and recovering of our stolen 13 months tenure by Okorocha through legal process”.
Mbaise Catholics Shun Acceptance Prayer for Bishop-elect Msgr. Okpalaeke
The much anticipated acceptance prayer for Msgr. Okpalaeke went awry during the week when the clerics and laity in Ahiara Mbaise Catholic shunned the event and insisted that no amount of intimidation or persuasion will compel them to accept a non indigenous Mbaise priest as the Bishop of Ahiara Diocese.
Reacting to the recent stand by the conference of Owerri Provincial Bishops insisting that Msgr. Okpalaeke must assume office at Ahiara Diocese whether the Mbaise people like it or not quoting a section of the Canon law, a Catholic Cleric who spoke on condition of anonymity said that Mbaise people cannot be humiliated or cajoled to accept the Bishop elect as the act was in contrast to known Church rules where a Bishop-elect must be a serving priest in the diocese. He stressed that if the Pope can resign, then an appointment made in error could as well be reversed.
The priest said that the Pope who was not as healthy as confirmed was misled by some cardinals who he alleged have some ulterior interest to allow the appointment of Okpalaeke. He noted that Mbaise people cannot be party to the prayers for acceptance of Msgr. Okpalaeke in Ahiara Diocese as it will amount to swallowing their vomit. The priest said the Ahiara Catholics have nothing against Msgr. Okpalaeke becoming Bishop but insist that an indigenous priest of Mbaise should be appointed Bishop for Ahiara Diocese because there are eminently qualified priests for Bishopric position. He advised those criticizing Mbaise people to think properly and realize that there is politics even in the House of God and Mbaise people cannot fold their arms and watch themselves being marginalized by the same church they have given a lot.
Another member of Mbaise Laity emphasized that who also pleaded anonymity pleaded that, “If no Mbaise son is made bishop of Ahiara \diocese, no bishop will be accepted”. He warned that if Mbaise may be forced to declare itself an autonomous Mbaise Catholic Communion if the Holy See insists on the appointment of Okpalaeke. He noted that they have given up the prayer for a new Bishop when they discovered that there was an alleged gang up by some Catholic Cardinals and Bishops against Mbaise hence he added that they are not going to be party to the recent prayer rituals ordered by the Owerri provincial Bishops.
