Imo LG crisis: AGF orders Okorocha to reinstate sacked chairmen

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Federal Government, yesterday, ordered Imo State Governor, Rochas Okorocha to comply with the judgment of the Court of Appeal by reinstating the sacked local government chairmen and councillors  in the state. 

Earlier, the refusal by the Okorocha-led All Progressives Grand Alliance (APGA) government to obey the ruling of the appellate court had sparked off crisis in the state. However, in a terse statement in Abuja,  the Attorney-General and Minister of Justice, Mr. Mohammed Adoke (SAN), ordered the reinstatement of the sacked chairmen, who were elected on the platform of the Peoples Democratic  Party (PDP) under  the administration of former governor Ikedi Ohakim. 


The  four paragraph press statement read: “The attention of the Honourable Attorney General of the Federation and Minister of Justice has been drawn to the lingering controversy that has trailed the judgment of the Court of Appeal, Owerri Judicial Division in Appeal  No. CA/OW/215/2011, Enyinna Onuegbu & 26 Ors v. Attorney General of Imo State & 3 Ors dated 5th July 2012, which declared as illegal and unconstitutional, the action of the governor of Imo State, purporting to dissolve the democratically elected local government councils in the state before the expiration of their constitutionally guaranteed tenure.


“It is apposite to note that section 7 (1) of the Constitution of the Federal Republic of Nigeria, 1999, guarantees the existence of a system of democratically elected local government councils throughout the federation. The judgment of the Court of Appeal aforementioned has only confirmed this position. “I therefore call on all concerned to respect the judgment of the Court of Appeal and give due regard to the provisions of the constitution which all elected officials of government have sworn to uphold. This will not only inspire confidence in the polity, but will also deepen our fledgling democracy.


“In the light of the foregoing and in consonance with this administration’s avowed commitment to the enthronement of the rule of law in the federation, I hereby call on Imo State Government and all relevant agencies of government to abide by the judgment of the Court of Appeal and ensure that the judgment is given its full effect.”


The Court of Appeal, had on July 4, 2012,  in a unanimous judgment ordered Okorocha to reinstate the 27 local government chairmen and councillors he sacked.


The court, presided over by Justice Uwani Abbaji, held that the governor lacked the powers to sack elected officials at the third tier of government. The court also nullified the appointment of transition committee chairmen by the governor to replace the sacked council chairmen.

Okorocha had, in his maiden broadcast in June 2011, announced the sacking of the elected council chairmen, and later appointed transitional committee chairmen to run the 27 council areas in the state. But the council chairmen challenged their removal from office in an Owerri High Court, arguing that the governor had no constitutional power to sack them.


Consequently, the court of first instance, presided over by the Chief Judge of the State, Justice Benjamin Njemanze, held that the governor lacked the powers to remove the chairmen from office.