Posted by EMMA AMAIZE & SAM OYADONGHA on
THE battle over Governor Diepreye Alamieyeseigha's removal has formally moved to the High Court of Bayelsa State.
THE battle over Governor Diepreye Alamieyeseigha's removal has formally moved to the High Court of Bayelsa State. A seven- man panel to investigate allegations of gross misconduct levelled against Alamieyeseigha is to be inaugurated tomorrow by the state chief judge, Justice Emmanuel Igoniwari.
The inauguration billed for 12 noon at the chief judge's court in the High Court Complex, Yenagoa, according to a statement signed by the chief registrar of the state judiciary, Mr. Ineikade Eradiri, is in pursuant to section 188 sub-section 5 of the constitution of the Federal Republic of Nigeria But some of the lawmakers in the state, namely: Messrs Ofoni Williams, Ayaowei Nimibofa, Boyelayefa Debekeme, Steve Ereboh, Johnson Alalibo, Amalanyo Yuosuo and Bright Agagaowei, who appeared determined to stall the inauguration, Friday, rushed to the state High Court where an originating summon was filed by their counsel, Dr. Alex A. Izinyon, SAN.
Joined as defendants in the suit no YHC/1682005 now before the High Court, are Messrs Peremobowei Ebebi, Speaker, Bright Erewari, deputy speaker, Adolphus Ofongo, Nadu Karibo, Eliott Osomu, Robert Enogha Chip Whip, Dein Benaduomene, Arthur Akpeti, Nelson Belief, Opusiri Otobo, Franklin Oteli, Emomotimi Fanama, Hawkins Kalabo, Jephtah Foingha and Werinipre Seiabaragu. Others are Justice Emmanuel Igoniwari, chief judge of Bayelsa State and Hon Talford Ongolo, Attorney General of Bayelsa State.
The applicants are seeking, amongst other things, 'a declaration that the purported proceedings of the Bayelsa State House of Assembly particularly the resolution to request the Chief Judge to appoint a seven- man panel to investigate the governor is null, and void, the mandatory provisions of the Federal Republic of Nigeria having been contravened/violated; a declaration that the 1st-16th defendants cannot validly rely on the provisions of section 21 (a),(b),(c) and (d) of the Legislative Houses (powers and privileges) Act, Cap 208, or order 63 of the Bayelsa State House of Assembly standing orders or any other provision in any existing law to suspend, expel the plaintiffs or in any other manner abridge their rights, privileges and duties as duly elected Honourable Members of the Bayelsa State House of Assembly without fair hearing; an order of interlocutory injunction restraining the 17th defendant whether by himself, agents, privies and servants from giving effect to any request from the 1st-15th defendant made pursuant to Section 188 (4) and passed on the 29th November, 2005 or any other day whatsoever to appoint any investigative panel to investigate the governor of Bayelsa or carry on any other act with a view to investigating the said governor pending the determination of the substantive suit."
The issue (s) raised for the determination in the suit include: 'whether having regard to the provisions of Section 1, 36, 92 (2)(c), 101 and 315 of the constitution of the Federal Republic of Nigeria, the 1st-15th defendants can validly suspend, expel the plaintiffs and or otherwise interfere or abridge their right, right, privileges of the plaintiffs as duly elected members of the Bayelsa State House of Assembly without fair hearing. If the answer to the above issue is in the negative, whether the resolution emanating from the proceedings of the Bayelsa State House of Assembly of 29th November, 2005 requesting the Hon Chief Judge of the state to appoint a seven- man panel is not null and void having regard to the mandatory provisions of Section 188 (4) of the 1999 constitution of the Federal Republic of Nigeria".