Impeached Enugu Deputy Gov. Challenges Removal, Asks Court To Reinstate Him

The impeached Dep­uty Governor of Enugu State, Mr. Sunday Onyebuchi, has instituted a legal action before an Enugu State High Court seeking a declaration that his removal from office by the state House of As­sembly is illegal, null and void.

Mr. Onyebuchi, through his five-man team of lawyers led by Femi Falana (SAN) in suit number E/373/2014 filed on September 30, is asking the court to determine whether or not the state assembly could initiate removal or impeachment proceedings against him for the purposes of removing him from office when he had not committed a gross misconduct in the performance of  his functions as the state deputy governor.

Other lawyers appearing for Onyebuchi in the matter are Chief Ogochukwu Onyekwuluje, Chief Chris Aghanwa, Osinachi Nwoye, and C.K. Ogbonnaya.

The Speaker of the state assembly, Eugene Odoh, 23 lawmakers, the state house of assembly, and the new Deputy Governor, Pastor Ifeanyi Nwoye, were listed as defendants.

In the originating summons, Onyebuchi contends that having regard to the clear provisions of Section 188(2) and Section 188 (11) of the 1999 Constitution of the Federation (as amended) and the momentous decision of the Apex Court of the land in Inakoju and Ors Vs Adeleke and Ors (2007) 4 NWLR ( Pt. 1025) 423, his purported impeachment was illegal, null and void.

Questions for determination in the suit included, amongst others, “Whether the Enugu State House of Assembly could initiate removal or impeachment proceedings against His Excellency Sunday Onyebuchi, the Deputy Governor of Enugu State for the purposes of removing him from office when he had not committed a gross misconduct in the performance of the functions of his office as Deputy Governor of Enugu State.”

“Whether the allegations contained in the ‘Notice of Allegation of Gross Misconduct in the performance of the function of the office of the deputy governor of Enugu State Re: Sunday Onyebuch’ dated 22 July, 2014 by the House of Assembly to wit:  (a) Abuse of office in that he flouted the resolution of the assembly which prohibited maintenance and operation of commercial livestock and poultry farm within residential neighbourhood in Enugu, by maintaining and operating commercial farm in his official quarters and  (b) that he refused to represent the governor of the state when directed, (i) at the inauguration ceremony of the construction of the second Niger bridge in Onitsha by the President and Commander-in-Chief of the Armed Forces, President Goodluck Ebele Jonathan on the March 11, 2014, and (ii), At the South-east Governors’ Forum held at the Lion Building Enugu on July 6, 2014, constitute ‘gross misconduct’ in the performance of the functions of his office as Deputy Governor of the state thereby enabling the state House of Assembly to invoke its powers under Section 188 (1-9) of the Constitution to initiate removal or impeachment proceedings against Onyebuchi.”

The reliefs sought by On­yebuchi included among others: “A declaration that Section 188 of the constitu­tion is not a weapon available to the Enugu State House of Assembly to subject or police the plaintiff for any wrong do­ing not committed in the per­formance of the functions of his office as deputy governor.

“A declaration that the Al­legations of gross misconduct as contained in the Notice of Allegations of Gross Miscon­duct July 22, 2014 and served on the plaintiff by the 1st to 24th defendants did not con­stitute gross misconduct as envisaged by the provisions of Section 188 of the constitu­tion to warrant the 1st to 24th defendants to invoke their powers under Section 188.

“A declaration that the 1st to 24th defendants violated their sacred legislative func­tions under the provisions of Section 188 when they embarked on the removal or impeachment of the deputy governor from office when there was no legal or con­stitutional basis for such an exercise.

“A declaration that the purported nomination and approval of the 25th defen­dant as the deputy governor of Enugu State are illegal and unconstitutional as they vio­late Section 191 of the 1999 constitution.”

Onyebuchi therefore prayed the court to make an order setting aside and declare as void and unconstitutional the Notice containing the Allegations upon which  he was purportedly investigated as well as an “order  setting aside all the steps taken by the defendants in relation to the issuance of Notice of allegation of misconduct, passage of motion to investigate same and the purported directive to the Honourable Chief Judge of Enugu State, the said steps having breached the provisions of Section 188 of the 1999 Constitution of the Federal Republic of Nigeria.”

He also sought an order of the court re-instating him as the Deputy Governor of Enugu State, adding that “in the event of his tenure of office expiring before the determination of this case an order that the plaintiff is entitled to receive all his entitlements and benefits including his pension as deputy governor of Enugu State, having lawfully served out his tenure.”

Hearing on the motion for substituted service on the defendants filed by the plaintiff's counsel is expected to be heard this week before Justice Mrs. Ngozi Emehelu, to whom the case has been assigned.