Follow Up Report.
Following the letter sent to Governor Godwin Obaseki by Mr Tony Abumere, with respect to case filed RE: SUIT NO. HEK/MISC/16/202 B/2/OS/13: TONY ABUMERE OKONIGENE V. THE GOVERNOR OF EDO STATE &2 ORS.
Human Rights Activist, Chief Dr. Patrick Osagie Eholor, has recently called out corrupt Judges in Edo State, blaming the State Judiciary , for encouraging the flouting of the Law. He made this statement while speaking about the case between him and the Edo State Governor, Godwin Obaseki.
The letter reads:
4th January, 2022.
His Excellency,
Godwin Enogheghase Obaseki,
The Executive Governor of Edo State,
Edo State Government House,
Dennis Osadebey Avenue,
GRA, Benin City.
Thro:
The Attorney General and Commissioner for Justice, Edo State
Secretariat Complex,
Benin City, Edo State.
Dear Sir,
RE: SUIT NO.HEK/MISC/16/202 B/2/OS/13: TONY ABUMERE OKONIGENE V. THE GOVERNOR OF EDO STATE & 2 ORS.
NOTIFICATION OF PENDING JUDGMENT WHEREIN THE COURT DECLARED INTER ALIA THAT THE GOVERNOR OF EDO STATE LACKS THE POWER TO HANDPICK OR RECOMMEND PERSONS NOT DEMOCRATICALLY ELECTED TO BE SCREENED OR RATIFIED BY THE EDO STATE HOUSE OF ASSEMBLY FOR THE PURPOSE OF APPOINTING PERSONS AS CARETAKER OR TRANSITION COMMITTEE MEMBERS TO ADMINISTER AND/OR MANAGE THE AFFAIRS OF LOCAL GOVERNMENT COUNCIL IN EDO STATE.
PREFACE:
We have been briefed and our services retained as Solicitors to MR. TONY ABUMERE OKONIGENE (hereinafter referred to as “our Client”) at whose behest we make these telling representations to your good self.
This letter is tailored to formally intimate you of the pendency and subsistence of the Judgment referenced above wherein the Edo State High Court coram: Hon. Justice T. Akomolafe-Wilson in its Judgment delivered on 16th day of May, 2012 declared inter alia that the Governor of Edo State lacks the power to handpick or recommend persons not democratically elected to be screened or ratified by the Edo State House of Assembly for the purpose of appointing persons as caretaker or transition committee members to administer and/or manage the affairs of Local Government Council in Edo State.
FACTUAL MATRIX
Our Client briefed us and we verily believed him that the action was commenced via Originating Summons seeking for the determination of the following questions to wit:
“Whether by virtue of section 7(1) of the 1999 Constitution of the Federal Republic of Nigeria as amended on the 10th day of January, 2011, the 1st Defendant may and/or should nominate, recommend, handpick, appoint and/or continue the appointment of unelected persons or caretaker or transition committee members to administer and/or manage the affairs of Local Government Council in Edo State indefinitely?
Whether by virtue s.7(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) on the 10th day of January, 2011, it is not ultra vires the powers of the 2nd Defendant to further grant an extension of the tenure of the local Government Transition Committee in Edo State for the 1st Defendant indefinitely?
Whether the provision of section 10(4)-(10) of the Local Government Amendment Law 2000 as amended is still subsisting having regard to the bold and courageous judgment of erudite Hon. Justice E.F. Ikponmwen delivered on 30th day of May, 2007 in suit No.B/115/2007 between Edo State Independent Electoral Commission & 7 Ors and His Excellency the Governor of Edo State & 2 Ors?
Whether the resolution of the 2nd Defendant made at its sittings on Wednesday, the 1st day of June, 2011 further approving the extension of the tenure of the Local Government Transition Committee in Edo State indefinitely pending when the Edo State Independent Electoral Commission will ready to conduct election into Local Government Council in Edo State pursuant to Edo State Local Government Law 2000 as amended which provides for a period of not more than three months?”
Having distilled these questions, the Plaintiffs, qua, counsel proceeded to seek the following reliefs against the Defendants jointly and severally:
“A declaration that by virtue of section 7(1) of the 1999 Constitution of the Federal Republic of Nigeria as amended on the 10th day of January, 2011, the 1st Defendant lacks the powers to handpick, recommend persons not democratically elected to be screened or ratified by the 2nd Defendant for the purpose of appointing the persons as members of Local Government Transition members in Edo State of Nigeria?
A declaration that the resolution of the 2nd Defendant made at its sittings on Wednesday the 1st day of June, 2011, further approving tenure extension of the local Government Transition Committee in Edo State for the 1st Defendant indefinitely pending the Edo State Independent Electoral Commission will be ready to conduct election into Local Government Council in Edo State pursuant to Edo State Local Government Law 2000 as amended, is based on non-existing law, vague, uncertain, unconstitutional, invalid, null and void and of no effect whatsoever as same clearly violates the civil rights and obligations of the Plaintiff.
A declaration that the extension of appointment of members of Transition committee into Local Government Council in Edo State indefinitely pursuant to the resolution of the 2nd Defendant made at its sitting on Wednesday the 1st day of June, 2020 is vague, uncertain, unconstitutional, invalid, null and void and of no effect whatsoever.
An order setting aside the purported resolution of the 2nd Defendant made at its sitting on Wednesday the 1st day of June, 2020 further approving tenure extension of the local Government Transition Committee in Edo State for the 1st Defendant indefinitely pending the Edo State Independent Electoral Commission will be ready to conduct election into Local Government Council in Edo State pursuant to Edo State Local Government Law 2000 as amended.
An order of injunction restraining the 2nd Defendant from further granting an extension of appointment the tenure of Local Government Transition Committee in Edo State to the 1st Defendant.”
4. That upon careful bisection, dissection and consideration of the evidence on record and the law on the subject matter, the Edo State High Court coram: Hon. Justice T. Akomolafe-Wilson in its Judgment delivered on 16th day of May, 2012, answered the questions distilled in the Originating Summons (copiously quoted above) in favour of the Plaintiff (our client herein) and reliefs sought therefrom were consequently granted as supplicated by our Client.
5. That a death knell sounded on our client’s latest theory when he saw and read on various social media handles that you have handpicked, nominated, recommended or selected some persons not democratically elected to be screened or ratified by the Edo State House of Assembly (who were the 2nd Defendant in the above referenced Judgment) for the purpose of appointing the persons as members of Local Government Transition Council in Edo State contrary to the soul, spirit and letters of subsisting Judgment of court of competent jurisdiction.
LEGAL EFFECTS/IMPLICATIONS
With the greatest respect your excellency, this action, is to say the least, a defilement of the Judgment of court of competent jurisdiction variously referenced above. Indeed, it is now firmly settled that court judgments or orders are meant to be obeyed and must be obeyed even if such order(s) is perverse until set aside by a superior court.
The decision to handpick, select or nominate persons not democratically elected into the Local Government Transition Council in Edo State is in contempt of the Judgment referenced above, id est, contempt exfacie curiae and amount to executive rascality. To allow this to pass and stand, will cascade the society to the Hobbesian state of nature where life was brutish, nasty and short.
DEMANDS/REQUISITIONS
In view of the foregoing, we have our client’s instructions to respectfully supplicate and/or requisition your good self to disassociate your esteemed personality from this ignoble act and discontinue with the action or decision to handpick, select or nominate persons not democratically elected into the Local Government Transition Council in Edo State with immediate effect as there is a subsisting final judgment of court of competent jurisdiction on the subject matter hanging on the State like the sword of Damocles, in respect of which there is no pending appeal.
Please, accept the assurances of our esteemed professional regards.
Yours faithfully,
Pp: Neplus Ultra Attorneys
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Anderson U. Asemota Esq., MCIArb.(UK).
Principal/Managing Partner
For the avoidance of doubt and ease of reference, please find enclosed Sir:
Encl(s):
A copy of the High Court Judgment in Suit No. B/312/2004
Cc:
The Speaker,
Edo State House of Assembly,
Chief Anthony Enahoro Complex,
Benin City.
Mr. Speaker Sir,
The above is for your information please.
According to Dr. Patrick, Chief Judges should exercise independence of Judiciary, adding that no one, not even a sitting Governor should intimidate and use them against their offices. He said Nigeria Operates three arms of Government, which represent checks and balances in the system of Government, it also means that arms of Government are equal. So they should not allow Executives to intimidate or buy them. As he spoke, he made reference to what transpired in Akwa Ibom State about Governor Emmanuel Udom between Human Rights Lawyer Enibehe Effiong and The Chief Judge of Akwa Ibom state, Ekaette Obot. Chief Patrick asserts that if any case of such happens in Edo state, One Love Foundation is standby to work against it.