By victor madumere
After two months of court vacation, the High Court sitting in Owerri resumed yesterday on the case filed against the Imo State House of Assembly by the impeached Deputy Governor of Imo State, Sir Jude Agbaso challenging the process of his impeachment.
The former Deputy Governor argued through his counsel, KCO Njemanze that he was not served any notice or allegation of misconduct, neither was he given an opportunity for fair hearing before the said impeachment.
On the side of the defendants led by L.O Nlemedim (for Niyi Akintola) and Mrs J.C Ibeh (for State Counsel) they submitted that all necessary effort to serve the Deputy Governor was applied and exhausted to no avail, which prompt the use of newspaper publication.
Consequently, the presiding judge, Hon Justice Nonye Okonkwo averred that, were there is a conflicting reports, the court can not resolve the issues by originating summon, especially were disputed issues of facts are involved, because in law the service of notice is a basic postulate and fundamental to impeachment process.
However, the court argued that all the issues raised in the substantive suit were all reclothed in the preliminary objection and that the court can not comment on the preliminary objection without delving into the substantive issue. As the court went ahead to mandate the claimant to file his pleads within 30 day from yesterday 30/9/13 while the defendants should file their defense 30 days from the date of reception of the pleading.
To enable the court treat both the preliminary objection and the substantive suit together as they can not be separated.
