The impeachment of the Deputy Governor of IMO state, Prince Eze Madumere, by members of the State House of Assembly has been voided by an Imo State High Court presided over by Justice Benjamin Iheka. Delivering the four- hour judgment in suit number HOW/565/2018, instituted by Madumere to challenge his removal from office, Justice Iheka held that “the appointment of the seven-man panel to investigate the allegations of gross misconduct made by the 9th and 10th defendants (Speaker, Imo State House of Assembly and Imo State House of Assembly), against the plaintiff is invalid, unconstitutional, null, void and of no effect.”
The Court equally restrained the panelists from, in whatsoever manner, investigating or continuing to investigate the allegations made by the 9th and 10th defendants against the plaintiff or sitting or continuing to sit, or to inquire or continue to inquire, or deliberate or continue to deliberate on the allegations against the plaintiff, or make findings or continue to make findings against the plaintiff.
The court further upheld the submission of the plaintiff’s counsel, Prince Ken Njemanze, SAN, that it was unconditional for the Chief Judge to have constituted the panel during the pendency of the suit in respect of the validity of the 10th defendant’s motion and the 9th defendant to constitute the said panel.
“I hold that the appointment of the 2nd to 8th defendants, by the Chief Judge, as members of the panel to investigate the allegations of gross misconduct made against the plaintiff by the 9th and 10th defendants, is unconditional and invalid, within the meaning of Section 188(5) of the Constitution of the Federal Republic of Nigeria, as amended”, Iheka said.
Speaking after the plaintiff’s counsel, Prince Njemanze said: “This is a landmark decision in the annals of the legal history of Imo State. For us, justice and truth have prevailed. It is also clear that disobedience of court order or disrespect for court processes are things that ought not to be encouraged by every person. “I commend the industry and courage of the presiding Judge for the well considered judgment delivered today (yesterday).”
