It was a major relief for the impeached deputy governor of Enugu State, Sunday Onyebuchi when on Friday a High Court in Enugu, presided over by Justice R. O. Odugu threw out his impeachment.It would be recalled that about 14 months ago, Onyebuchi was removed from the 5th Session of the State House of Assembly over alleged gross misconduct.In his judgment, Justice Odugu ordered the immediate restoration of all the rights and benefits of Onyebuchi from the time of his removal up to May 29, 2015 when his tenure constitutionally elapsed.The court also acceded to all the reliefs requested for by the former deputy governor, adding that both the legislators and Nwoye, whom it described as the beneficiary of the illegality did not show up to defend themselves all through the period of trial.The judge also declared that the impeachment was not in compliance with the provision of section 188 of the amended 1999 constitution.The court also held that the rearing of poultry did not amount to gross misconduct as envisaged by the constitution.The impeached Onyebuchi had gone to court to question his impeachment from office on the basis of an allegation of gross misconduct.He prayed the judge to restore him as deputy governor and also issue an order that his benefits be paid if the matter was not concluded before the end of his tenure in office.Onyebuchi further asked the judge to declare as unconstitutional his removal, his replacement by Norway as well as whether the allegations contained in the impeachment notice amounted to abuse of office.However, in his ruling, Justice Odugu argued that while the trial lasted, the defendants did not find it imperative to respond to the various summons issued to them.According to the judge, “The defendants wrongfully exercised their powers by removing the deputy governor maintaining poultry which does not contravene section 188 of the constitution.”The court also declared that the alleged refusal of the deputy governor to attend two public functions assigned to him by the governor could not amount to gross misconduct insisting that “only a grave violation or breach of the constitution that can be regarded as a gross misconduct.”Justice Odugu said, “section 188 sub-section 11 of the constitution is not a weapon of the House of Assembly to police the duty of the deputy governor or to hound him out of office and besides, the plaintiff had told the court that the only constitutional duty assigned to him by the governor was the chairmanship of the boundary adjustment commission.“The office of the deputy governor is a public office, his election was also by the public, any secret trial, therefore, is a flagrant breach of the constitutional provision for a fair hearing.”Justice Odugu consequently made a declaration that the state assembly went in violation of their constitutional duties when they embarked on the removal or impeachment of the deputy governor when there was no basis for it.The judge held that the nomination of Rev. Norway to replace Onyebuchi was illegal and unconstitutional.While setting aside the notice of impeachment and nomination of Nwoye, the court ordered the reinstatement to office of the Sunday Onyebuchi from 27th August, 2014 to May 28, 2015.The judge further awarded an exemplary and cumulative cost of N25, 000 against each of the 25 defendants amounting to N600, 000.
What's your reaction?
Excited
0
Happy
0
In Love
0
Not Sure
0
Silly
0