Delivering the judgment, which lasted for three hours in a tension soaked court hall filled to capacity, the Justice flayed the Chief Judge of the State, Paschal Nnamdi and the Attorney General of the state, Militus Nlemedim for not adhering to the provisions of section 188(5) of the 1999 constitution as amended in the impeachment of Madumere which took place on July 31, 2018. The jurist noted with concern that the CJ constituted the seven man panel to investigate the allegations of gross misconduct by Madumere by the state House of Assembly outside the seven days lifeline as provided by the constitution. Iheaka recalled that while the resolution by the state legislature to commence impeachment process on Madumere was reached on July 11, the CJ constituted the panel nine days later which was on July 20. He said that constituting the seven man panel nine days after the resolution was made was not admissible in law. The Court equally restrained the speaker of the state House of Assembly, Acho Ihim and the State House of Assembly who were 9th and 10th defendants in the suit from carrying out any other impeachment proceeding on Madumere until the matter is determined. Reacting to the judgment, a legal luminary and a former Attorney-General and Commissioner for Justice, Professor Francis Dike SAN, commended the court and the judge for being bold and independent. The Court judgment shows independence of the Judiciary. “I congratulate the young judge for being bold. The judgment has also shown that the whole saga surrounding the Deputy Governor’s impeachment almost perverted the course of justice. The people, who accused the Deputy Governor became “judges” themselves. The present administration in Imo State should now sit and follow things the right way. “The House of Assembly has bitten the dust. Recall earlier about a month ago, I did say their victory may become pyrrhic and turn into ashes melting in their mouths. The shame is theirs now as their wings are clipped. They can’t fly with impunity.” Also reacting, the Deputy Governor Madumere said that he had handed the matter over to God, as he had been vindicated. “The judgment is to the greater glory of God,” he added.]]>
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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