Court Voids Imo Deputy Governor’s Impeachment
An Imo State High Court presided over by Justice Benjamin Iheka, Tuesday, quashed the purported impeachment of the Deputy Governor, Prince Eze Madumere, by members of the State House of Assembly.
Delivering the four- hour judgment in suit number HOW/565/2018, instituted by Madumere to challenge his removal from office, Justice Iheka held that “the appointment of the seven-man panel to investigate the allegations of gross misconduct made by the 9th and 10th defendants (Speaker, Imo State House of Assembly and Imo State House of Assembly), against the plaintiff is invalid, unconstitutional, null, void and of no effect.”
The Court equally restrained the panelists from, in whatsoever manner, investigating or continuing to investigate the allegations made by the 9th and 10th defendants against the plaintiff or sitting or continuing to sit, or to inquire or continue to inquire, or deliberate or continue to deliberate on the allegations against the plaintiff, or make findings or continue to make findings against the plaintiff.
The court further upheld the submission of the plaintiff’s counsel, Prince Ken Njemanze, SAN, that it was unconditional for the Chief Judge to have constituted the panel during the pendency of the suit in respect of the validity of the 10th defendant’s motion and the 9th defendant to constitute the said panel.
“I hold that the appointment of the 2nd to 8th defendants, by the Chief Judge, as members of the panel to investigate the allegations of gross misconduct made against the plaintiff by the 9th and 10th defendants, is unconditional and invalid, within the meaning of Section 188(5) of the Constitution of the Federal Republic of Nigeria, as amended”, Iheka said.
Speaking after the judgement, the plaintiff’s counsel, Prince Njemanze said: “This is a landmark decision in the annals of the legal history of Imo State. For us, justice and truth have prevailed. It is also clear that disobedience of court order or disrespect for court processes are things that ought not to be encouraged by every person.
“I commend the industry and courage of the presiding Judge for the well considered judgment delivered Tuesday.”
Also, while speaking to his supporters, Madumere, described his victory at the Owerri High Court as victory for constitutional democracy. …thanks Ihedioha, Ohakim, Afe Babalola, Fani Kayode The deputy governor used the opportunity to thank the former Deputy Speaker, House of Representatives, Emeka Ihedioha; immediate past governor of Imo state, Ikedi Ohakim; Afe Babalola, SAN; and Femi Fani Kayode, for standing against injustice in Imo State.
Madumere said: “I am thanking God Almighty for his amazing grace. Truly, it has been a journey of grace. It is a victory for constitutional democracy. I want to commend the judiciary for the courage against all odds.
“I commend the three Mbaise brothers, who are members of Imo state House of Assembly, who refused to join in the impeachment: Mr. Mike Iheanetu, Bruno Ukoha and Ken Agbim. They are of the PDP but they stood by me.
“I salute all my party members: Ifeanyi Nnatataonye, Chiji Collins, Nkenna Nzeruo and Donatus Onuigwe. Posterity will remember you all. “I will ever remain humble to Afe Babalola, SAN; Femi Fani Kayode; my brother, former Deputy Speaker House of Representatives, Emeka Ihedioha; former governor of Imo State, Ikedi Ohakim; and my other brothers. God will fight for you.”
