Owerri Division, of Court of Appeal has reinstated the 27 Imo State council
chairmen sacked by Governor Rochas Okorocha on assumption of office. The
reinstated council chairmen are all of the PDP stock elected during the tenure
of former Governor Ikedi Ohakim The court arrived at a unanimous decision in
the ruling read out by the presiding Judge, Justice Uwani Attaji who had
earlier struck out a cross appeal by the government.
The Appeal Court dispensed with irrelevant technicalities that were
hitherto raised at the lower court in the interest of substantive justice. It
declared the reinstated chairmen as duly elected and restrained the governor or
his proxies from interfering in their activities. The court also advised
Okorocha to concentrate on his executive duties and avoid the temptation of
executive recklessness.
Two issues were put up for determination; “whether the governor had the right to sack a democratically elected council chairmen and whether the governor had the right to institute a caretaker committee to administer the councils’ in place of a democratically elected council executive. The government amongst other things argued that there was a case against the council election prior to the election proper, which called to question the credibility of the said council election. The Judge however ruled that any case against the election was being overtaken by the conduct of the council election.
Two issues were put up for determination; “whether the governor had the right to sack a democratically elected council chairmen and whether the governor had the right to institute a caretaker committee to administer the councils’ in place of a democratically elected council executive. The government amongst other things argued that there was a case against the council election prior to the election proper, which called to question the credibility of the said council election. The Judge however ruled that any case against the election was being overtaken by the conduct of the council election.
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