Friday, December 18, 2015 7:08 pm
Here is a classic case of justice delayed being justice denied.
An Enugu High Court on Friday set aside the impeachment of a former Deputy Governor of the Enugu State, Mr. Sunday Onyebuchi, by the State House of Assembly, more than a year after he was removed.
Onyebuchi, a deputy to former Gov. Sullivan Chime, was impeached on Aug. 26, 2014, and replaced by Rev. Ifeanyi Nwoye.
In a judgment of the court, Justice R. Odugu declared the impeachment of Onyebuchi “null and void’’.
The judge ordered the reinstatement of the former governor’s rights and benefits from the time of his removal from office to the period his tenure elapsed.
He declared as unconstitutional, null and void the nomination of Nwoye as replacement of the plaintiff.
He held that the plaintiff’s impeachment did not comply with the provision of Section 188 of the 1999 Constitution as amended.
He faulted the secret trial of the plaintiff and awarded a cost of N25, 000 against each of the 25 defendants to the suit, amounting to N600, 000.
“Operating poultry does not in any way constitute gross misconduct in the performance of the functions of the plaintiff’s office as envisaged by the constitution.
“The alleged refusal of the deputy governor to attend two public functions assigned to him by the governor also cannot amount to gross misconduct.
“Only a grave violation or breach of the constitution can be regarded as a gross misconduct.
“Section 188 (11) of the 1999 Constitution as amended is not a weapon for the House of Assembly to police the duty of the deputy governor or to hound him out of office.
“Besides, the plaintiff has told the court that the only constitutional duty assigned to him by the governor was the chairmanship of the boundary adjustment commission.’’
The judge held that the state assembly violated its constitutional duties by the impeachment of the deputy governor as there was no basis for it.
He also berated two defendants in the suit – the House of assembly and Nwoye — for their failure to appear in court or send legal representation to defend their actions.
He said that the copy of the purported resolution of the impeachment panel was not presented before the court.
In a reaction shortly after the judgment was delivered, Onyebuchi, said that he had been vindicated.
He said he had forgiven all his traducers who were used to perpetrate the injustice.
“Some of them have come to me to confess and plead for forgiveness, saying that they were used and I have forgiven them,’’ he said.
The News Agency of Nigeria (NAN) reports there was no representation from the defendants in court to get their reactions.
Onyebuchi was impeached last year in controversial circumstances following the recommendation of an impeachment panel set up by the state Chief Judge, Justice Innocent Umezulike.