The candidate of the Peoples Democratic Party, PDP, in the Oru-East State House of Assembly election in 2011, Bar Robert Okwuegu has threatened to commence contempt of court charges against the Speaker of Imo House of Assembly, Rt Hon Benji Uwajumogu and other Principal Officers of the House for ignoring Appeal Court judgment on the 2011 Oru-East House of Assembly election.
In a memo addressed to the Speaker, and made available to this Newspaper, Okwuego’s Counsel, Bar Ken O Njemanze (SAN) in a caption “Request for the Implementation of the Judgment of Court of Appeal dated May 10, 2013 in Appeal No. CA/OW/123/2012, Bar Robert Okwuego Vs Bar Greg Okemili & INEC” urged the Speaker to heed to Appeal Court’s verdict on the matter, or within seven days face a contempt charge.
The petition said that the Speaker allowed Hon Okemili in the House of Assembly pursuant to the judgment of the Federal High Court Owerri in suit No. FHC/OW/CS/164/2011 delivered on 6/6/2011, which it described as pre-election matter and not an election petition under the Electoral Act.
The letter therefore said that since the Appeal Court has nullified the Federal High Court judgment which was the only document that qualified Okemili to be in the House, as he has no certificate of return from INEC, the Speaker should have allowed due process to prevail by obeying the Appeal Court judgment.
“It is unfortunate and indeed a big blow to the rule of law that inspite of being aware of the judgment of the Court of Appeal delivered more than seven (7) weeks ago, you and the other principal officers of the Imo State House of Assembly have, in flagrant disobedience to the order of the Court of Appeal, continued to allow Bar Greg Okemili to participate in the deliberations of the House of Assembly and draw salaries and emoluments as a member of the House of Assembly” the petition read.
The petitioners went on to say that not withstanding Greg Okemili’s Appeal to the Supreme Court, the judgment of the court of Appeal remains valid and subsisting and is binding on and must be enforced by all persons.
The petition urged Speaker Uwajumogu to “obey and enforce the said judgment of the Court of Appeal by ensuring that Bar Greg Okemili does not, in any way or manner howsoever, participate further in the deliberations and activities of Imo State House of Assembly; that henceforth Bar Greg Okemili is not paid any salary or emoluments by Imo the State House of Assembly; that you take steps to recover from Bar Greg Okemili all salaries, allowances and or emoluments paid to him from June 2011 till date, and also recover from him all vehicles and properties of Imo State House of Assembly in his possession or custody”.
When contacted on phone, Hon Okemili could not pick his call, but a source who spoke from the House of Assembly said Bar Okemili has gone to Appeal at the Supreme Court, and therefore status quo remains until the Supreme Court gives its verdict.
