RVHA Lacks Powers To Investigate LGAs – High Court

The Rivers State High Court of Nigeria has declared that the State House of Assembly lacks the powers to constitute or appoint an investigative panel to investigate allegations of mis- conduct levelled against any local government chairman in the state.

In a landmark judgement delivered by Justice B.A. Georgewill, presiding judge of court 12 in Port Harcourt last Monday in a case brought before him by Hon Ochije Chris Okey, chairman Ogba/Egbema/Ndoni Local Government Area against the state house of Assembly as well as Ogba/Egbema/Ndoni  legislative council.

Justice Georgewill while ruling in favour of the chairman, Hon Ochije Chris Okey against the 1st defendant, state House of Assembly, declared that it was exclusively and exercisable powers of the state Chief Judge in accordance with section 13 (6) of the state local government law No 3 of 1999 to appoint, inaugurate or constitute investigation panel to investigate allegations of misconduct levelled against any local government chairman in the state as it is applicable also to the Onelga boss.

He declared that the power of the 1st respondent (RVHA) to suspend the applicant (claimant) was only exercisable during the presidency of a valid investigation panel of three judges duly constituted by the state Chief Judge in accordance with section 13 of the state local government law of 1999. 

He further declared that the 1st respondent, State House of Assembly acted ultra vires on its powers by suspending the applicant, Hon Chris Okey Ochije from office as chairman of Ogba/Egbema/ Ndoni local government area without due compliance with section 13 of the state local government law 1999.

The presiding judge of the state High Court of Nigeria therefore ordered that every step taken by any person or authority against the applicant in pursuant to the purported suspension of  Hon Chris Okey Ochijie or report of the 1st respondent, the state House of Assembly is hereby nullified.

He averred that the report of the 3rd respondent, state House of Assembly Committee on Local Government upon which the resolution of the 1st respondent to suspend the applicant was predicated and was hereby nullified and ordered that the suspension of the applicant from office on 3rd June, 2009 by the state legislature had been nullified. Justice Georgewill ruled that Hon Chris  Ochijie still remains the elected chairman of Ogba/Egbema/Ndoni local government council and ordered that his position should be reinstated to him forthwith as chairman of ONELGA.

The Judge further ordered that all entitlements due to Hon Chris Ochijie be paid to him from the period he was unlawfully and unconstitutionally suspended from office by the State House of Assembly.

Effort to reach the state chairman of House Committee on Local Governments, Hon Ibani Ikuinye for comments was unsuccessful as he was said to have travelled out of the state for official assignments.