Amaechi loses Obio-Akpor case

A Rivers State High Court has ordered the state government to reinstate the suspended Chairman, Timothy Nsirim, and councilors of Obio/Akpor Local Government Area.

Justice Iyayi Lamikanra gave the order on Monday in her judgment on the suit filled by Timothy Nsirim, challenging his suspension by the Rivers State House of Assembly in April 2013.

Justice Lamikanra in her judgment said the suspension of Nsirim was illegal and unconstitutional.

While making reference to section 7 sub (1) of the 1999 constitution as amended and section 64 of the Rivers State Local Government Law, the Judge said Governor Rotimi Amaechi lacked the right to appoint a caretaker committee when the Chairman of a council was unlawfully suspended.

Justice Lamikanra also ordered that the sum of N50,000 be paid to each of the claimants for inconveniences.

She, however, urged the defendants to approach the Appeal court if they so wished.

In a reaction, the Rivers State Government said it had filed for a stay of execution of the judgement, which it said was an abuse of court process.

In a statement by the state Commissioner of Information and Communication, Ibim Semenitari, the state government said though as a responsible government, it would abide by the pronouncement of the court, the trial judge acted in total disregard of the Court of Appeal, which was still entertaining the case.

“As a responsible Government, which respects the rule of law, we have noted the ruling and in our usual manner would abide by the pronouncement.

“However, we are constrained to note that the trial judge acted in total disregard of the Court of Appeal, which at the moment is entertaining an appeal in respect of the matter.

“We are aware that under the rules of court, where there is a subsisting ruling essentially from the court above, lower courts are as a rule expected to stay action pending the determination of the appeal.

“In this instance, we wish to state without equivocation that the trial judge erred in law when she failed to adhere to age-long principles upon which the rule of law draws inspiration and strength.

“For the avoidance of doubt, the Rivers State Government has filed an appeal for a stay of execution of the judgment while the ongoing matter that is being heard by the court above is billed for Thursday, the 28th of November, 2013”, it stated.

The government appealed to the people of the state, particularly the people of Obio-Akpor to remain calm and law-abiding, adding, stressing “we wish to assure our people that we shall pursue the cause of justice through constitutional and judicial means until the people secure justice”.

In thesame vein, the ousted caretaker chairman of the council, Chikordi Dike has also cried foul.

It could be recalled that the Appeal Court in Port Harcourt had refused to grant a motion filed by the Rivers State Government seeking an order to restrain Justice Lamikanra from delivering the judgement.

Timothy Nsirim, Solomon Eke, and 17 councillors of the council, were suspended by the House upon the recommendation of its eight-member committee on Local Government Affairs, which investigated the allegations of
abuse of public funds and breach of security against the cabinet.

The House also froze the account of the
council and directed the state government to appoint a caretaker committee.

Following the directive, the Governor, Chubuike Amaechi, appointed a caretaker committee headed by Chikordi Dike.

Both the state government and the committee were joined in the suit as 5th and 11th defendants.

The action of the legislature sparked off the current political crisis in the state, which pitted the governor, Chibuike Amaechi, against the supervising Minister of Education, Nyesom Wike, who himself was two-time Chairman of
the Council.

Wike is believed to be sympathetic to the embattled cabinet of the
council as he is also a cousin to Nsirim.