Gov. Amaechi Loses In Court

The Rivers State High Court on Monday ordered the state
government to reinstate the suspended Chairman, Timothy
Nsirim, and councilors of Obio/Akpor Local Government
Area.
Justice Adanma Iyayi-Laminaka, while delivering judgement
on the suit brought by the council cabinet challenging their
suspension by the Rivers State House of Assembly in April,
held that the action was flawed and unconstitutional.
In a swift 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.
A statement by the state Commissioner of Information and
Communication, Ibim Semenitari, on Monday, 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.
Mr. Nsirim, his deputy, 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. Mr. Wike is believed to be sympathetic to the
embattled cabinet of the council.
The statement by the government on Monday said the judge
failed to adhere to the principles upon which the rule of law
drew inspiration and strength.
"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," it said.
"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."
The government appealed to the people of the state,
particularly the people of Obio-Akpor to remain calm and law-
abiding, adding "We wish to assure our people that we shall
pursue the cause of justice through constitutional and judicial
means until the people secure justice."

Via: Premium Time