On June 10, 2011 · In News

By Chidi Nkwopora

OWERRI- Immediate past Speaker of Imo State House of Assembly, Chief Goodluck Opiah, his deputy and nine of his colleagues, impeached or suspended recently, have approached the court to contest the actions and pronouncements of the Amaechi Nwaoha-led group in the Assembly.

Opiah’s suit, number HOW/283/2011, and handled on behalf of the plaintiffs by Dr. Livy Uzoukwu, SAN, and five other lawyers, is in High Court 1, presided over by the Chief Judge of the state, Justice Benjamin Ahanonu Njemanze.

The lawmakers want the court to determine whether, by the combined effect of the provisions of Rules 7(2), 14, 20, 21(1) of the House Rules of Imo State House of Assembly, as well as Section 92(2)(C) of the 1999 Constitution as amended, the defendants could validly suspend and remove the speaker, deputy speaker and nine others from office on allegations of abuse of office, corruption and acts inimical to the legislature in total disregard to the principle of fair hearing, House Rules and the 1999 Constitution.

They also sought a relief for a declaration that the procedures and proceedings of the sitting of the House held on 31 May 2011 at 8.30am, wherein the defendants suspended and removed the claimants from office was unlawful, illegal, null, void and of no effect whatsoever.

While Opiah and his colleagues prayed the court to set aside the purported removal of the Speaker and his Deputy, as well as suspension of the nine members, they also sought an order of court restraining Imo House, its servants, agents or privies from relying on the illegal acts of the defendants in tampering with any rights, privileges, entitlements, duties and obligations conferred on the claimants by virtue of their office until same was constitutionally resolved.

Before giving the ex parte order, Justice Njemanze said he carefully read the motion papers requesting to serve the originating summons and other processes in the suit on the defendants by substituted means.