Leadership Judge Withdraws From Pro-Amaechi Lawmakers Suit Against PDP By: Anayo Onukwugha on August 2, 2013 - 3:27am Justice Sylvester Aprioku of Rivers State High Court yesterday withdrew from a suit brought by 27 members of the Rivers State House of Assembly believed to be loyal to Governor Chibuike Rotimi Amaechi against the Peoples Democratic Party (PDP). The 27 lawmakers, led by the Speaker, Rt. Hon. Otelemaba Daniel Amachree, had dragged the ruling PDP to court, challenging the decision of the Felix Amaechi Obuah-led executive council of the party to suspend them. Aprioku, who announced his withdrawal from the case to all the parties involved in the suit, said he had sent the file back to the chief judge of the state for possible re-assignment, adding that his decision to withdraw from the matter was because some parties to the suit wrote a petition against him. Aprioku had earlier assumed jurisdiction after defence counsel led by Mr. Donald Chika Nwigwe (SAN), challenged the competence of the court to hear the matter. Meanwhile, a Rivers State High Court, presided over by Justice George Omereji, has fixed September 30, 2013, for judgement in the suit brought before him by Governor Amaechi, seeking to restrain the State Assembly from impeaching him unconstitutionally. The trial judge fixed the judgement after lawyers to the parties adopted their written addresses when the matter came up yesterday. Amaechi’s lawyers, led by Beluolisa Nwofor, in his submissions, prayed the court to make an order that will restrain the five anti-Amaechi lawmakers or less than the 2/3 majority members as provided by the constitution. Also, there must be a geniune case of wrongdoing. He argued that if the Assembly must impeach the governor, they must do it in accordance with the provisions of the law. In adopting their written address, lawyers to the 27 lawmakers, led by Emenike Ebete, argued that the Assembly had the right to impeach the governor provided there were sufficient grounds for such action and within the ambit of the law. However, lawyers to the 3rd-7th defendants, led by Mr. Emmanuel Ukala, SAN, opposed these submissions. Ukala, who challenged the jurisdiction of the court to entertain the matter, also submitted that the 27 lawmakers were in collusion with the claimant in the suit. He therefore, urged the court to strike out the suit. The 3rd-7th defendants, who are the five anti-Amaechi lawmakers, had been earlier granted leave for independent representation in the suit on grounds that their interest will not be protected by the 27 lawmakers.
Posted on: Fri, 02 Aug 2013 09:30:23 +0000
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