On Friday, July 5th, 2013, the suspected lawless posture of the Governor of Imo State, Owelle Rochas Okorocha again became pronounced when an Appeal Court sitting in Owerri, the state capital, faulted one of the alleged unconstitutional acts of the number one citizen of the state.
In the judgment delivered by the panel of judges led by Justice Florence Ekpe, which has become another great judicial milestone in the state, the Appeal Court not only sacked Eze Samuel Ohiri but also issued a declarative order asking for the reinstatement of Eze Cletus Ilomuanya as the Chairman of the Imo State Council of Traditional Rulers.
For those familiar with political developments in the state, Governor Okorocha during his maiden broadcast swept off several political and social structures he inherited from the immediate past government. Among the existing platforms he sacked during the maiden broadcast were the Chairman and Executive Council Members of monarchs’ body led by Eze Ilomuanya, the Obi of Obinugwu in Orlu Local Government Area of Imo state.
Angered by the decision which sent him packing, the Obi of Obinugwu did not hesitate about a legal option. In the ensuring legal solution, Eze Ilomuanya lost the first bid at Owerri High Court presided over by the Chief Justice of Imo state, Justice Ben Njemanze. Dissatisfied with the outcome, Eze Ilomuanya proceeded to the Appeal Court before the recent judgment that tilted to his favour.
Delivering the judgment, Justice Ekpe pointed out that Okorocha’s act was in contrast to the rule of law which does not permit him to truncate the tenure of Chairman of Ndi Eze. The judge averred that the Governor has the right to appoint a new Chairman of Ndi Eze Imo only when the tenure has expired after completing the stipulated number of years for office of the Chairman or if a vacancy occurs following occurrence of death and resignation. Since this caveat was lacking in the case of Ilomuanya, the court therefore overruled Okorocha, thereby setting a fresh stage for who takes charge of the position.
Initially, I turned my back to the development and decided not to give it a mention since it is a court matter. My decision stems from the fact that it would go the way of other cases where the Governor and present administration got bashed in the law courts over undesirable decisions when it took over reins of power.
However, after a cursory review of the matter and taking into consideration previous court cases where Okorocha had had disappointing outings and consequences therein I considered it necessary throwing in my stake into the matter.
Unfortunately, both Governor Okorocha and his government are yet to make any categorical statement on the Appeal Court decision. According to reports by Trumpeta Newspapers (Tuesday edition), government has kept mute on the matter. And the silent posturing can be said to be incriminating as the citizenry seems confused and disturbed about the communication gap created by the theatre of absurdities trailing matter. The gulf between the Government and the masses on the true state of the chairmanship position of Ndi Eze Imo widened when the sacked Eze Ohiri few days after the Appeal Court verdict, was recognized as Chairman of Community Government Council (CGC), in Imo state. More so, meetings involving monarchs at the state level has been carefully suspended in the meantime and what take place are only zonal level meetings which may not have been affected by the Appeal Court decision. This frightening dimension indicates that there could be systematic procedures to deliberately de-emphasize the number one royal stool of Imo Council of Ndi Eze to passively resist Eze Ilomuanya’s return.
Despite the Appeal Court judgment and attendant mixed reactions that have continued to trail it, sinister moves show that it would be easier for an elephant to pass through the eye of a needle than Okorocha allowing the Obi of Obinugwu be at the helm of affairs of the royal institution again.
Three weeks after the judgment, the state government is however “buying time” to allow the hype die and fade away in public discourse like similar cases where Okorocha has reportedly shown utter disrespect to competent court rulings against his government.
Suffice it to note that in similar circumstances a year ago, elected Council Chairmen and Councilors sacked at the wake of Okorocha regime recorded victory at the Appeal Court after the interpretation of Justice Njemanze, High Court judgment posed problems. But it was pyrrhic victory for the elected persons at the LGA when certain suspected deceitful acts orchestrated by the Okorocha’s regime again forced the chairmen/councilors out of LGA secretariats. The rest is history.
In the same category of the Governor’s phobia for court decisions are members of the Judicial Service Commission. The commission members were inherited from the past regime. Uncomfortable with their continued presence at the commission’s offices, the State Governor who seemed to be pushed by unholy “vengeance mission” rather than his highly acclaimed Rescue Mission sent them packing. Determined to expose the illegality that characterized their ouster, the out-of-favour commission members challenged the sack in court where the presiding Judge declared that Okorocha’s action contravenes the regulations establishing the Judicial Commission. The Judge went further to declare that the members be reinstated to replace the new persons appointed by the Governor. But the court ruling has not being obeyed till date.
Another prominent case is that of the ill-fated 10,000 jobs beneficiaries now resilient in the pursuit for justice. The jobless youths now united in a formidable struggle for this purpose have had their National Industrial Court victory against the state government ignored for undisclosed reasons. Same applies to some members of the immediate past House of Assembly who also won the state government at the National Industrial Enugu, for non payment of severance allowances and gratuities to them after four years of serving as lawmakers in the state legislature.
What is however disturbing social commentators and keen observers of events in Imo are about the Governor’s next line of action after the Appeal Court verdict. With a growing pedigree for disrespect for due process and rule of law, would Eze Ilomuanya be reinstated as Chairman of Ndi Eze Imo?
Taking into consideration the previous court judgments which Okorocha ignored, it is obvious that the state governor would devise another ploy to make a mince-meat of the declarative court order. In this regard, the number one citizen of the state who is a product of law and claims to be a law graduate of a tertiary has a moral burden to bear in his flagrant disregard to court verdicts. The Governor who swore an oath to protect the sanctity of our laws is demeaning the Office of the Attorney General and Commissioner of Justice; that is vital to any democratically elected government. The disrespectful approach of the Governor to judicial decisions queries his consistent claim of being a worthy democrat and “man of the people”. Governor Okorocha has also rubbished the pedestrian belief that the judiciary “is the last hope of the common man”. He has seriously demystified the respected portfolio of the Commissioner for Justice and Attorney General by consistent neglect of court rulings against his action while incharge of Imo.
I expect Governor Okorocha to de-emphasize the common saying that “Power corrupts and absolute power corrupts absolutely” to realize that he has a place in the state where his scintillating achievements and sordid misdeeds would also be entrenched. While some of the eye-popping roads he opened and made accessible for public use would get mention, his inglorious anti-law and lack of due process disposition will not be deleted from the state memoirs.
For Okorocha and his co-travelers in the present Rescue Mission boat, everyone should understand that power is transient and each key actor in the governance of the state has a place in Imo state history books after his terms.
The flagrant disregard to court pronouncements is not only a sinister move and dangerous precedent, but also a threat to the growth of democracy and good leadership in the state. It was Achike Udenwa, Ikedi Ohakim of PDP yesterday; today it is Okorocha of APGA. Who is next tomorrow? And what would the person and party do to insult the sensibilities of Imolites necessitated by their primordial political radiations?
Instead of brewing schism in the state by rejecting court verdicts, I expect Gov Okorocha to use some of the negative cases as points for reflections on pending cases against the state government. The Igbo speaking people say that “Nde u-gwu karia, ebugara ufodu mmanya maka udo” (where there are more enemies, drink can be taking to some for peaceful settlement). Since there is neither a pending case for stay of execution over the Appeal Court in view of the declarative judgment, instituting disquiet, anxiety and mutual suspicion within the traditional rulers’ body is worrisome.
