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How Obi won the battle

Posted by From GODDY OSUJI & GEOFFREY ANYANWU (Enugu) on 2007/02/12 | Views: 468 |

How Obi won the battle


Governor Peter Obiís impeachment by the Anambra State House of Assembly was upturned by the Court of Appeal Enugu when it upheld on Friday, the judgment of an Awka High Court presided over by Justice Nri-Ezedi that nullified the impeachment.

Governor Peter Obiís impeachment by the Anambra State House of Assembly was upturned by the Court of Appeal Enugu when it upheld on Friday, the judgment of an Awka High Court presided over by Justice Nri-Ezedi that nullified the impeachment.

In the unanimous judgment read by Justice J. O. Bada, the court stated that there was no where in the counter affidavit where the Speaker of Anambra state House of Assembly desposed that Obi was properly served with notice of gross misconduct and quoted relevant sections in the constitution that guarantees everybody the right of fair hearing.

ďin view of the foregoing, exhibits 5,7 and 8 are hereby returned against the appellant and is dismissed. And hereby confirm the judgment of the Anambra High Court. Consequently, I uphold the judgment of the lower court that the removal of Peter Obi by the appellant (House of Assembly) is unconstitutional, null and void and of no effect whatsoever. The removal of Peter Obi by the appellant is hereby set aside,Ē Bada said.

He further ruled that Obi should be reinstated immediately ands his rights restored by the appropriate authorities, including the police.
In order to promote reconciliation between the appellant and the respondent (Obi), Justice Bada awarded no cost.

Justice Denton-West Sotoye urged that the rule of law should be upheld always so that the courts would no longer be subject to ridicule.

The Appeal Court in Enugu has Justice James Ogebe, J. O. Bada, Kudirat Kekere-Ekun, Jimi Olukayode and Denton-West Sotoye.

Earlier, Wole Adebayo who claimed to be the counsel to Hon. Mike Belonwu filed a motion on notice for the re-listing and arrest of the appeal for proper hearing, or otherwise suspension of judgment.
But Justice Ogebe after reviewing his submission and that of Onyechi Ikpeazu, counsel to Obi dismissed the notion pointing out that his (Adebayo) action was an abuse of court processes.

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

Actually translates to bravehearted.