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Court rejects Okorocha’s request to stop Imo govt from taking over properties

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OKOROCHA

 

The Federal High Court in Abuja, on Wednesday, turned down an application by Rochas Okorocha seeking to stop the Imo State Government from taking further steps concerning his marked properties in Owerri, the state capital.

Mr Okorocha, the immediate-past governor of Imo State, has been locked in a legal battle with the current Imo State government and the Economic and Financial Crimes Commission (EFCC) since they started investigating his eight-year administration as governor of the state.

To stop the investigations or any steps aimed at his assets and those of his family members, Mr Okorocha, who is the incumbent senator representing Imo West, sued the EFCC, the Attorney General of Imo State, and all the members of seven different panels set up by Imo State government to investigate his administration.

At Wednesday’s proceedings, Mr Okorocha, through his lawyer, Oba Maduabuchi, a Senior Advocate of Nigeria (SAN), told the judge, Ahmed Mohammed, that his properties had been marked for confiscation.

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But Mr Okorocha’s lawyer said he only sought the court order to preserve his properties pending the resolution of ongoing issues in the case.

He said further that unless the court issued a preservative order against the EFCC and the Imo State, he would be prejudiced.

All the respondents, through their counsel, challenged the jurisdiction of Mr Mohammed to hear the suit given that he is a vacation judge, and the substantive case already adjourned during the regular court session till September 22, 2021.

Both the EFCC and the Imo State government said the court, not being in its regular session, had no jurisdiction to hear Mr Okorocha’s suit and grant his prayers during the court vacation reserved for only some designated cases.

They further argued that Mr Okorocha did not meet the condition precedent for the matter to be heard during vacation, adding that the fiat of the Chief Judge of the Federal High Court ought to be sought and obtained before such matter could be heard during vacation.

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They also cited Order 46 Rule 5 of the Federal High Court Civil Procedures Rule 2019, which they held was allegedly breached by Mr Okorocha while filing the fresh motion.

In a ruling, the judge held that making an order was tantamount to assuming jurisdiction in the suit.

Mr Mohammed stated that it was clear that the bone of contention was whether the court can make an order when the issue of jurisdiction was still pending.

“My simple response is that since making an order is akin to remotely assuming jurisdiction, the court cannot make the order as requested by the applicant.

“I adjourn this matter to August 24 to hear applications challenging the jurisdiction to hear the matter during vacation,” Mr Mohammed said.

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UPDATED: Lawmakers exchange blows as Cross River assembly impeaches speaker 

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Elvert Ayambem, speaker of the Cross River state house of assembly, has been impeached.

 

Ayambem was impeached during plenary on Wednesday over allegations bordering on financial misappropriation and incompetence.

 

The impeachment notice was signed by 17 members of the assembly.

 

There are 25 members in the Cross River assembly.

 

The motion for the impeachment was moved by Effiong Ekarika, lawmaker representing Calabar south 1 constituency, and seconded by Omang Charles of Bekwarra constituency.

 

A rowdy session ensued after Ayambem was impeached.

 

One of the lawmakers made a dash for the mace, which is the symbol of authority of the speaker.

 

However, the legislator with the mace refused to let go, resulting in a struggle, fisticuffs and a brawl in the chamber.

 

THE CASE AGAINST AYAMBEM

In the impeachment notice, the lawmakers alleged that Ayambem misappropriated N48 million meant for the payment of electricity bills of the assembly complex and quarters.

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The lawmakers also alleged that the impeached speaker misappropriated 2 percent of all revenue collected by the Internal Revenue Service (IRS) monthly to the tune of N404 million.

 

“Misappropriation of the sum of N19,437, 844.00 (Nineteen Million, Four Hundred and Thirty-Seven Thousand, Eight Hundred and forty-five Naira) from Local Government deduction and 11 months deductions which he allegedly failed to disclose to members,” the impeachment notice reads.

 

“Incompetence and wrong conduct of plenary proceedings: Un-parliamentary way of conducting proceedings.

 

“Appointment of members to move or second motions rather than allowing interested members to raise their hands.

 

“Non-compliance with the Cross River State Legislature Funds Management Law 2021.

 

“Arbitrary approval of expenditure in flagrant breach of the provisions of Section 9(1) of the Cross River State Legislature Funds Management Law 2021.

 

“Approvals beyond the limit which the Speaker can approve contrary to Section 9(10) of the Cross River State Legislature Funds Management Law 2021.”

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The lawmakers who signed the impeachment notice are Kingsley Ntui, Okon Owuna, Samuel Neji Abang, Cyril James Omini, Stanley Nsemo, Charles Omang Omang, Thomas Aruku, Eyo Bassey, Bassey Bassey Effiong, Francis Onete Ogban, Victor Nsa, Ovat Agbor, Pius Ashas Ashakia, Martins Achadu, Effiong Ekarika, Egbe Abeng Egbe, and Hilary Bisong.

 

In June 2023, Ayambem who represents Ikom 2 constituency, was elected speaker of the 10th assembly.

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JUST IN: Tinubu appoints Shehu Mohammed as FRSC corps marshal

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President Bola Tinubu has appointed Shehu Mohammed as the corps marshal and the chief executive officer (CEO) of the Federal Road Safety Commission (FRSC).

 

In a statement on Wednesday, Segun Imohiosen, director of information in the office of the secretary to the government of the federation (AGF), announced the appointment.

 

Details later…

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BREAKING: Cross River assembly impeaches speaker Elvert Ayambem

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Rt. Hon. Elvert Ekom Ayambem has been impeached as the Speaker of the Cross River State House of Assembly.

 

The Speaker was impeached on Wednesday by 17 members of the house over allegations of misappropriation of funds.

 

The impeachment motion was moved by Hon. Effiom Ekarika representing Calabar South 1 Constituency and seconded by Hon. Omang Charles Omang representing Bekwarra State Constituency.

 

Rt Hon Elvert Ayambem was elected Speaker of the 10th Cross River State House of Assembly in June 2023.

 

Ayambem represents Ikom 2 State Constituency in the Houses of Assembly.

More to follow…

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