Appeal court reinstates sacked Imo LG chairmen, councillors

The Court of Appeal sitting in Owerri, Imo State on Thursday reinstated all local government chairmen and councillors sacked by Governor Rochas Okorocha in the 27 councils last year.

The court held that the governor lacked the powers to sack elected governments at the third tier of government.

The court, presided over by Justice Uwani Abbaji, also nullified the appointment of transition committee chairmen by the governor to replace the sacked council chairmen.

Okorocha had, in his maiden broadcast in June 2011, announced the sacking of the elected council chairmen, and later appointed transitional committee chairmen to run the 27 council areas in the state.

But the council chairmen challenged their removal from office in an Owerri High Court, arguing that the governor had no constitutional power to sack them.

Consequently, the court, presided over by the Chief Judge of the State, Justice Benjamin Njemanze, held that the governor lacked the powers to remove the chairmen from office.

The court also held that the council chairmen failed to prove that they were sacked from office as they claimed, resulting in the filing of the appeal by the council chairmen.

Delivering judgment, Abbaji observed that all the submissions and arguments of the appellants and respondents were reviewed.

She noted that the high court in its earlier judgment confirmed that the governor axiomatically had no power to sack the democratically elected chairmen.

She further noted that the local government system was a constitutional matter and any action on the system should follow constitutional provisions.

The court held that the governor had no right to remove democratically elected chairmen from office, and ordered that the local government chairmen be re-instated.

The court, in its unanimous decision, further restrained the governor or any of his proxies from interfering in the administration of the local government system in the state.


http://www.punchng.com/news/appeal-court-reinstates-sacked-imo-lg-chairmen-councillors/

ifihearam: The Court yesterday ordered the Imo state governor to reinstate the sacked local government chairmen and councillors he replaced with transition committee last year. The court further explained that the governor does not have the power to remove democratically elected persons.

We hope that the governor complies rather than heading for the supreme court.

edicolove: What ever gave these governors the idea that they can sack democratically elected council chairmen. We still have military mentality in this country. Shame!

edicolove: What ever gave these governors the idea that they can sack democratically elected council chairmen. We still have military mentality in this country. Shame!

lazbay:
@ gboss4sure
All of you guys talking aint in imo dats y u talk bullshit. Those LGA's aint performing that's why they were sacked. Talk wot u knw.


@ chucky234
Those Local Govt Chairmen and councellors were under-performing while Owelle want result oriented Chairmen and councellors in positions,its high time Appeal begin to look at the objectives behind such actions and help the governor to see that the said chairmen sit up or face the music. Enough of these incompetent fellows in government,we need change in the three tiers of government.


So if a governor is not performing, then GEJ should sack him? Check your logic pls. There are ways to make them work & collaborate with him instead of him taking the law into his hands.

chucky234: Those Local Govt Chairmen and councellors were under-performing while Owelle want result oriented Chairmen and councellors in positions,its high time Appeal begin to look at the objectives behind such actions and help the governor to see that the said chairmen sit up or face the music. Enough of these incompetent fellows in government,we need change in the three tiers of government.

paj4love: that man is mad, how on earth will somebody wake up from sleep and ''sack'' an elected executive officer like him,,,,,,,,what a pitty,,,,,he deserves this humiliation '' A reckless executive officer''

ifihearam: They were not sacked for underperforming rather they were sacked because they are all PDP.

Andre Uweh: They were sacked because they were not elected. No one voted for them. We do not need them back in Imo state.

ifihearam: They were not sacked for underperforming rather they were sacked because they are all PDP.

Ngwakwe:

I am 100% sure that those Chairmen were never elected as PDP rejected participating in that LGA election and said they never fielded any candidate hence Ohakim conjured an event and called it election which the results were never declared but People were sworn in a day after the said election.

If there was proper election, everybody in Imo would have rejected their removal.

Of course a Governor don't have the right to ditch duly elected Chairmen

Ngwakwe:

I am 100% sure that those Chairmen were never elected as PDP rejected participating in that LGA election and said they never fielded any candidate hence Ohakim conjured an event and called it election which the results were never declared but People were sworn in a day after the said election.

If there was proper election, everybody in Imo would have rejected their removal.

Of course a Governor don't have the right to ditch duly elected Chairmen