When Imo guber tussle
resurrects at apex court
Category: Sunday politics
Published on Sunday, 26 May
2013 05:01
Written by Adelanwa
Bamgboye
Hits: 41
Governor Rochas Okorocha
Governor Rochas Okorocha of
Imo State has challenged the
discretion of the Court of Appeal
to allow Chief Ikedi Ohakim, the
former governor to challenge the
judgment of a Federal High Court,
Owerri which dismissed a case
filed by the Action Congress of
Nigeria (ACN) and Senator Ifeanyi
Ararume.
The high court had dismissed the
suit on the ground that the
subject matter of the case was a
post election matter which ought
to have been submitted to
election tribunal for adjudication.
Both ACN and Ararume were
dissatisfied with the judgment
and consequently filed an appeal
at the Court of Appeal in Owerri.
While the appeal was pending,
Ohakim sought to join and asked
that he be given an opportunity
to challenge the judgment of the
high court.
Okorocha objected to Ohakim’s
application to join but the Court
of Appeal in a ruling delivered by
Justice Hussein Mukhtar
dismissed the objection and
consequently made Ohakim an
appellant in the case.
Okorocha was dissatisfied with
the ruling and caused his lawyer,
Adeniyi Akintola, SAN to file an
appeal at the Supreme Court.
In the appeal, Okorocha argued
that Ohakim’s party, the People
Democratic Party (PDP) had
earlier challenged the subject
matter of the suit at the election
petition tribunal and lost.
He further argued that PDP
challenged the decision of the
election tribunal up to the
Supreme Court and lost.
According to him, to allow
Ohakim to challenge the high
court’s judgment on appeal is to
afford him the opportunity to
pursue two remedies against the
same infraction in two courts at
the same time.
Okorocha distilled two issues for
determination:- Whether by the
combined effect of S. 233(1), (2)
& (7) of the 1999 Constitution of
the Federal Republic of Nigeria
(as amended) and S. 133 (1) of
the Electoral Act, 2010 (as
amended), as well as the relief
sought at the lower court by 1st
Respondent (Chief Ikedi Ohakim)
in his notice of appeal, the lower
court has jurisdiction to
entertain the appeal of the 1st
Respondent and grant the relief
sought while not sitting as an
election petition appellate court.
Secondly, whether the lower
court has jurisdiction to hear the
appeal of the 1st Respondent,
the subject matter and the relief
being sought having been heard
and determined by the Supreme
court on 2nd March, 2012 in an
election appeal No. SC/17/2012 –
PDP Vs Okorocha and others.
However, in a preliminary
objection, Ohakim through his
legal team led by Chief Wole
Olanipekun, SAN asked the apex
court to dismiss the appeal.
He said that it was mandatory for
governor Okorocha to first seek
and obtain the leave of either the
Court of Appeal or the apex court
before filing the case, being an
appeal against the exercise of
the lower court’s discretionary
power.
He stated that Okorocha failed to
obtain the leave of either the
Court of Appeal or that of the
Supreme Court before filing the
appeal.
He said: “Being an appeal against
the exercise of the lower court’s
discretionary power, leave of
either the said lower court or
this court is mandatorily required
before filing the appeal”.
Ohakim therefore asked the apex
court to dismiss the appeal.
Meanwhile, a human rights
group, Committee for Rule of Law
and Justice (CRLJ) has petitioned
the Chief Justice of Nigeria (CJN),
Justice Mariam Mukhtar, alleging
plans by the leadership of the
Peoples Democratic Party to use
some justices of the Supreme
Court to remove Governor Owelle
Rochas Okorocha and install the
former Governor of the State
Ikedi Ohakim.
In a petition signed by the
group’s Coordinator, Mr Raphael
Omosanye, CRLJ demanded that
the justices of the apex court
who are presently hearing the
appeal brought by Okorocha
challenging the joinder of
Ohakim to the appeal brought by
the governorship candidate of
the Action Congress of Nigeria in
the 2011 elections, Senator
Ifeanyi Ararume and his party,
recluse themselves from hearing
the appeal.
The group also demanded that a
new panel be set up to entertain
the appeal.
A copy of the petition which is
dated May 14th, 2013 but
received at the CJN’s office on
May 16th, 2013 was obtained by
our correspondent.
The group stated that there were
allegations making the rounds
that the panel hearing the appeal
would give judgment in favour of
Ohakim and therefore called on
members of the panel to
disqualify themselves from
hearing the appeal.

The petition reads: “We wish to
start by commending you for
your forthrightness and
determination to rid the judiciary
of bad eggs. It is our belief that
prevention is better than cure. In
this vein, it will serve the judiciary
better if it can nip in the bud and
insulate our judges from wanton
political machinations, especially
the corrupt ones thereby foisting
an influenced judgment tainted
with corruption on the citizenry.
“In the light of the above, we
wish to bring to your attention
the attempt by some loyalists of a
former governor of Imo State, to
discredit the judiciary and
rubbish the good work which
your good self is doing.
“They have been boasting and
asking their loyalists to remain
calm, around Owerri, the Imo
State capital, that they had in
collaboration with the Presidency
compromised the panel that is
hearing the case between
Senator Ifeanyi Ararume, Ikedi
Ohakim and the incumbent
governor, Owelle Rochas
Okorocha to deliver judgment in
their favour on or before
December, 2013
“While we refuse to believe such
wide allegation, we are also
conscious of the fact that this is
Nigeria, where anything can
happen and does happen. Until
now, we have no cause to doubt
the integrity of the learned
justices who made up the panel.
However, we are of the view that
if such thing is allowed to
happen, it would work against
the crusade which your office is
waging”.

sundaytrust.com.ng/index.php/politics/13184-when-imo-guber-tussle-resurrects-at-apex-court

This is a good development. They should do everything possible to remove this thug, clown and clueless parading as a governor.

EASTSIDAZ: This is a good development.They should do everything possible to remove this thug, clown and clueless parading as a governor.

I search through your previous posts but have seen nothing but blind argument all over,the last time i checked, you said ameachi is heading to desaster, but today he overcome ur mentor in aso rock.
You make so much noise about obi and hiz tranformnation agenda in anambera state but there iz nothing on ground to show for....,cos you are from anambera you see nothing good in imo state,you even called rochas "thug"can you immagine that;at ur age you talk like a kid,pls grow up!

Medicine after death.

chidindufrank: Medicine after death.

The thing tire me my brother

Please dont tell me GEJ has a hand in this! Pls, this supplanting of elected officers is not democracy.

GEJ's hands are all over it. Very obvious. Fighting those perceived to be against him. He truly doesn't give a damn if he plunges dis nation into pit of hell as long as he gets his 2015

Okorocha must go by any means possible

chukel: GEJ's hands are all over it. Very obvious. Fighting those perceived to be against him. He truly doesn't give a damn if he plunges dis nation into pit of hell as long as he gets his 2015

Abacha was one man versus 100 million - He lost

now it is against 170 million - we will see this as well

Amaechi + okorocha= ifeajuna

Ohakim again? does he want to be back as a governor against the wish of Imo people?

Toktee: I search through your previous posts but have seen nothing but blind argument all over,the last time i checked, you said ameachi is heading to desaster, but today he overcome ur mentor in aso rock.
You make so much noise about obi and hiz tranformnation agenda in anambera state but there iz nothing on ground to show for....,cos you are from anambera you see nothing good in imo state,you even called rochas "thug"can you immagine that;at ur age you talk like a kid,pls grow up!

Your grammar is a disaster. Go back to nursery school, unlettered people like u does not worth trading words with.

FYI: okorosha is a monumental failure, who has kept talking and amassing huge loans and heaping up debt for his poor state with no dot on the ground to show for all this. He is clown and must be thrown out soon so that Ohakin can take over immediately.