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Court quashes suspension order, reinstates Awka North chairman

Posted by By Anayo Okoli & Enyim Enyim on 2005/08/23 | Views: 325 |

Court quashes suspension order, reinstates Awka North chairman


A High Court sitting in Awka has reinstated the transition committee chairman of Awka North local government, Chief Ezekwesili Maduagwuna, who was suspended from office two weeks ago by a magistrate court presided over by Veronica Ibeziakor over alleged complicity in the murder of one Chief Alex Ikeyinne.

AWKA A High Court sitting in Awka has reinstated the transition committee chairman of Awka North local government, Chief Ezekwesili Maduagwuna, who was suspended from office two weeks ago by a magistrate court presided over by Veronica Ibeziakor over alleged complicity in the murder of one Chief Alex Ikeyinne.

The High Court presided over by Justice F.C. Nwizu in his ruling in a suit No. A/MSC.67/2005 quashed the suspension order of the chief magistrate Ibeziakor on grounds of lack of jurisdiction in the matter.

In her ruling, Justice Nwizu after listening and considering the submission of G.C. Enekwechi Esq. learned counsel for the applicant, the court having perused his brief of argument filed on 15th August, 2005 and gone through all the documents attached to the application hereby ordered as follows:

"That leave be and is hereby granted to the applicant to apply for an order of Certiorari to remove to the High Court the order the learned Chief Magistrate Dr.(Mrs.) V.N. Ibeziakor made on 8/8/2005 without jurisdiction for purposes of being quashed.

It is further ordered that leave so granted shall act as a stay for all actions against the applicant pending the determination of the substantive application which shall be on notice."
Justice Nwizu further ordered that the substantive application be fixed on August 30, 2005 for hearing and determination.

The applicant, Ezekwesili upon the order of the chief magistrate suspending him from office on August 8, headed for the High Court and filed a suit against Dr.(Mrs) V.N. Ibeziakor (chief magistrate), the assistant chief magistrate, Mrs. C.I. Uzoagu and the Attorney General and Commissioner for Justice in Anambra challenging the order.

In the motion ex-parte dated August 13 and filed on August 16, attached by a statement in support of the application, 5-paragraph affidavit in support of the motion ex-parte and three exhibits, Ezekwesili prayed the court to quash the chief magistrate order and restrain the respondents from executing the order.

Penultimate Monday, Chief Magistrate, Veronica Ibeziakor had in her ruling ordered the suspension of the Awka North Council Chairman, Chief Ezekwesili Maduagwuna for alleged complicity in a murder case.

The ruling followed an application by the prosecuting counsel, C.L. Ojo (ASP) for the suspension of the chairman and the continued detention of five other accused persons.

The prosecuting counsel had argued that if the council chairman was not suspended from office proper investigation would not be carried out, stresing that the trial of the case would be stalled.



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Fay(Katy, Texas, US)says...

Actually translates to bravehearted.