A High Court in Port Harcourt, Rivers State capital on Monday ordered the immediate reinstatement of the suspended chairman of Obio/Akpor Local Government Area, Prince Timothy Nsirim.
Also, the court ordered that the Vice Chairman of the council, Mr. Solomon Eke and all 17 councillors hitherto suspended along with the council boss (Nsirim) should be reinstated.
In her judgment Justice Adanma Iyayi Lamikanra said the suspension of Nsirim, his vice and the councillors was ‘illegal, unconstitutional and uncalled for’.
The State House of Assembly had on April 22, 2013, slammed the suspension on the Nsirim, Eke and the entire Obio/Akpor legislative council, on grounds of financial recklessness and security breach.
But the embattled chairman had gone to Court to challenge his suspension by the State legislature.
Justice Lamikanra, while making reference to Section 7, sub (1) of the 1999 Constitution, as amended and Section 64 of the Rivers State Local Government Law, said that the State Governor, Chibuike Rotimi Amaechi lacked the right(s) to appoint a caretaker committee, when the Chairman of a council was unlawfully suspended.
The Judge also ordered that the sum of N50, 000 should be paid to each of the claimants for inconveniences.
Speaking to newsmen outside the Court premises, counsel to Nsirim, Mr. Ken Njemanze, a Senior Advocate of Nigeria (SAN), expressed happiness over the judgment.
According to him, “Naturally, my clients are very pleased and happy with the judgement. It has declared as null and void; the actions of Rivers State Government, and reinstated the chairman, the vice chairman and members of the council.”
The decision of Assembly to suspend them followed an ‘interim’ recommendation by the House Committee on Local Government Affairs in line with Section 64 (1) of the Rivers State Local Government Law No.2 of 2002.
Reacting to the judgment, the Rivers State Government faulted the decision of the court, saying it was in total disregard of the Court of Appeal, which is entertaining an appeal in respect of the matter.
The State Commissioner for Information and Communications, Mrs. Ibim Semenitari in a statement on Monday however said, as a responsible government it will abide by the ruling.
She pointed out that the state government has filed an appeal for the stay of judgment on the matter which has been billed for hearing on November 28, 2015.
The statement read, “The attention of the Rivers State Government has been drawn to the pronouncement of a court presided over by Justice Adanma Iyayi- Lamikanra .In it (Judgment), the trial Judge held that the action of the Rivers State House of Assembly in respect of the suspension of the former Chairman and councillors of the Obio/Akpor Local Government Council for alleged fraudulent practices was flawed and unconstitutional.
“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 said.
But the State chapter of the PDP lauded Justice Lamikanra for what it described as ‘’her rare courage in spite of all efforts to blackmail and cow her into handsing off the case’’.
In a statement signed by media aide to the State PDP chairman, Jerry Needam said, “We (PDP) is impressed by the ruling despite every effort to upset and demoralize the judge and distort the course of justice.
“We also commend the rare courage of Hon Justice Lamikanra for shunning all acts of intimidation, blackmail and attempts to cow her to hands off the case, if all judicial officers will exhibit such steadfastness, our society will be better for all.
“We however regret the extent at which undemocratic elements in the state who see politics as the beginning and end of their lives could go in a bid to destroy the soul of the nation which the judiciary represents by taking far reaching measures including unprecedented work- free days and the incitement of judiciary workers, just to thwart the course of justice.
“The court ruling is simply a victory for democracy. It has rekindled our hope in the Nigerian judiciary notwithstanding deliberate attempts to make it compromise’, the statement said.
Speaking to newsmen at the Obio/Akpor council premises shortly after the judgment, the reinstated Chairman boss, Prince Nsirim, said he is prepared to resume duty as soon as possible.
Nsirim said he was waiting for an order that would ask the security personnel deployed to the council to vacate the premises, as he other council officials were barred from accessing the secretariat by security operatives deployed there since the crisis began.
But, the sacked Caretaker Committee Chairman, Chikaordi Dike, has rejected the judgment, stating that he will confer with his lawyers on the next line of action, saying he is still in charge of Obio/Akpor Council despite the court judgment.