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Impeachment: Ebebi Drags Assembly, CJ To Court
The embattled Deputy Governor of Bayelsa State, Peremobowei Ebebi, yesterday, opted for the court in the battle to survive the impeachment plot against him by 17 out of the 24 members of the State House of Assembly, having failed to use influential Nigerians to save his job. According to reliable sources, he has sought an order from the court to declare illegal and unconstitutional the notice of impeachment and order directing the Chief Judge to set up a 7-man probe panel to investigate alleged misconduct.
The Presiding Judge of the State High Court, Justice Naiye Aganaba, however, granted an order for substituted service until the process is done to the defendants and ensure that all the legislators are served.
The Deputy Governor, through his counsel, Barr. Kemasuode Wodu, is seeking a declaration of the court, in the Suit YHC/201/2010, that without the presentation of a Valid Notice of Allegation(s) against him, signed by not less than 1/3(one third) of the members of the Bayelsa State House of Assembly pursuant to section 188 of the Constitution of the Federal Republic of Nigeria, 1999, to the Speaker of the Bayelsa State House of Assembly and service to same on him and all the members of the Bayelsa State House of Assembly, the defendants cannot lawfully and validly remove him from office as the Deputy Governor of Bayelsa state.
Ebebi is also seeking a declaration that the purported notice of impeachment dated 1st day of June, 2010, purportedly presented to the 1st defendant by the 6th -22nd defendants, is unconstitutional, illegal, null and void and of no effect whatever.
He is also seeking an order setting aside the purported notice of impeachment; an order setting aside the purported proceedings of the State Assembly, which was held on the 8th of June, including the resolution that the purported allegations of gross misconduct against the claimant contained in the notice of impeachment or any notice of allegations against the claimant be investigated, and requesting the 5th defendant(the Chief Judge) to appoint or constitute a panel of seven persons to investigate the Claimant.
The Deputy Governor also asked the court to “issue an order setting aside any purported appointment and or constitution of a panel of seven persons by the Chief Judge to investigate purported allegations of gross misconduct against the Claimant contained in the aforesaid purposed notice of impeachment or as may be contained in any purported notice of allegations against the Claimant,’’
Speaking with newsmen after the court’s sitting in Yenagoa, yesterday, lead counsel to the Deputy Governor, Barr. Kemasuode Wodu explained that, though the court has not stopped the impeachment process, “the law states that when you are seeking an order of injunction, nothing should be done during that period .We believe that all parties will await the determination of the court”.
In a separate letter to the Chief Judge of the State, Justice Kate Abiri, the Counsel to the Deputy Governor described as fundamentally defective the Assembly’s directive on the Chief Judge to set up a seven person panel, saying that same was commenced by way of impeachment, which is alien and unknown to section 188 of the 1999 constitution.
He said the Supreme Court has also confirmed that the entire concept of impeachment is unknown to the said section 188 of the Constitution in the case of “Inakuoju Vs Adeleke(2007) 4 NWLR Part 1025 page 427 at 578.
The Weekend Tide’s investigation revealed that after many Ijaw leaders, including Edwin Clark had failed to persuade the Governor Chief Timipre Sylva to soft pedal on the issue, Ebebi decided to seek refuge in the court, having refused suggestions that he should resign to save his political career.
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