Sunday 26 May 2013

Agbaso goes to court to reclaim mandate

Former Deputy Governor of Imo State, Sir Jude Agbaso, has approached the state High Court, challenging his recent impeachment and subsequent removal from office by the State House of Assembly.
Registered as suit number HOW/295/2013, Sir Agbaso is claiming that his removal was a classical example of deliberate disrespect for judicial process, rule of law and breach of right to fair hearing and should accordingly be declared null, void and of no effect by the court.
Agbaso, through his lawyer, Prince Ken C.O. Njemanze, SAN, contended that the publication in a national daily (not Vanguard), dated March 14, 2013, did not comply with the mandatory constitutional requirement for personal service of Notice of Allegation of Gross Misconduct under Section 188(2) of the 1999 Constitution of the Federal Republic of Nigeria as amended.
The former deputy governor further urged the court to declare that the inauguration/setting up of the seven-man panel by the third defendant, Justice Goddy Anunihu, instead of the State Chief Judge, was invalid.
“A judge of the High Court has no role whatsoever under Section 188 of the 1999 Constitution of the Federal Republic of Nigeria, in the appointment/setting up of the said panel,” Agbaso contended.
He also sought a declaration that all the alleged steps taken by the defendants leading to his removal as deputy governor of Imo State were not in compliance with the provisions of Section 188 of 1999 Nigerian constitution.
Agbaso pleaded with the court to declare that his “purported removal is unconstitutional, null, void and of no effect whatsoever.”

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