Oshieze Vincent Akujobi Ehirim V. Governor Of IMO State & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of the High Court of Imo State contained in the Ruling of the Honourable Justice C. I. Durueke delivered on the 23rd day of June 2008.

The Appellant approached the said Court on 8th day of May, 2008 vide Originating Summons seeking for determination of a sole question that having regard to what he described as the clear provisions of the Constitution of the Federal Republic of Nigeria, 1999 with particular reference to section 7(1) of the said Constitution:-

“Whether or not it is permissible for the 1st – 3rd Defendants to permit, direct or authorize the running of the affairs of the 4th Defendant by a non democratically elected Transition or Caretaker Committee?

WHEREFORE THE Plaintiff claims as follows:-

(a) A declaration that by the Provisions of Section 7(1) of the Constitution of the Federal Republic of Nigeria, 1999 the 1st – 3rd Defendants are incompetent to permit, direct or authorize the running of the affairs of the 4th Defendant by an appointed Transition or Caretaker Committee.

(b) A declaration that until the emergence of another democratically elected Chairman of the 4th Defendant the Plaintiff remains the person democratically elected to that position.

(c) An Injunction perpetually restraining the Defendants by themselves, servants or agents from recognizing or dealing with any other person other than the Plaintiff as Chairman of the 4th Defendant until the emergency of another democratically elected Chairman.

(d) An injunction perpetually restraining the Defendants by themselves, servants or agents from, in any form or manner, tampering with the Plaintiffs occupation and/or exercise of the functions of his office as Chairman of the 4th Defendant until the emergence of another democratically elected Chairman.”

The Originating Summons was accompanied with 11 paragraphs Affidavit an Exhibit which is the Judgment of Court of Appeal in an earlier case by the Appellant against the Respondents over his tenure as the elected Chairman of Owerri Municipal Local Government Claiming that his tenure subsisted till 24th June, 2008.

The Judgment of the High Court in that earlier case was against him culminating in his appeal to Port Harcourt division of this Court which found in Appellant’s favour on 8th day of April, 2008. In the said earlier case the questions the Appellants posed for the determination of the High Court of Imo State and the reliefs sought on those questions were answered in his favour are the following:-

“1. Whether or not the term of office of the Plaintiff as Chairman of Owerri Municipal Local Government Council is not to run for 3 years commencing on the 24th day of June, 2005 when he took his oath of office?

2. Whether or not the 1st Defendant is competent to conduct election for the purpose of electing the Chairman of Owerri Municipal Local Government Council by the 24th day of February 2007 or any other date before the expiration of the Plaintiff’s tenure in office?

Upon the determination of these questions he sought the following reliefs:

a. A declaration that by the provisions of Section 23(1) of the Imo State Local Government Administration Law No. 15 of 2000 the Plaintiff is entitled to hold office as Chairman of Owerri Municipal Local Government Council for 3 years commencing on the 24th day of June 2005.