… Says they are playing politics with the Law
Imo state government has expressed dismay over the recent takeover of
the Local Government Councils by the Peoples Democratic Party (PDP)
under the brutal force of the Nigerian Police Force.
The state government also berated the Federal Attorney General,
Mohammed Adoke for giving what it described as ‘unsolicited advice’ that led to the forceful reinstatement of the PDP Chairmen on a matter
that is still pending in the court.
Addressing Newsmen in Owerri the state capital, the State Commissioner
of Justice and Attorney-General, Barr. Soronnadi Njoku stated that
having expressed dissatisfaction with the Judgment of the Court of
Appeal, the state government immediately filed an appeal against the
said Judgment to the Supreme Court in line with the laid down legal
procedure both in 1999 Constitution and the rules of court which was
served on their Counsel, Livy Uzoukwu SAN on the July 5, 2012.
He explained that in accordance with the Law and Rules of Court, the
state government equally filed a motion on notice for stay of
execution of the Judgment which also was duly served.
The Attorney-General maintained that it is a settled principle of Law
that the Court of Appeal has powers to order a stay of execution,
stating that whenever a motion for stay is pending, all parties must
remain in status-quo until the motion is heard and determined.
He also said “It is trite that before a Judgment is enforced, the
drawn-up order of the court must be served on the other party, and if
he defaults in obeying it, form 48 and 49 are then issued by the
registry and served on him, warning him of the consequences of his
disobedience.”
He averred that hence the motion for stay is still pending and no
drawn up order of court has been served and the necessary forms of
court to enforce the Judgment has not been issued or served, the state
government is not in any breach of the Judgment of the Court of Appeal
even as the advice of the federal Attorney-General does not arise.
“It therefore follows that the advice of the federal Attorney-General
does not arise at all, unless the PDP will, of course, disregard the
due process of Law as it is in their habit. Thus advising the Imo
State Government to obey the court order in the circumstance is more
like playing politics with the law. It is the position of the Imo
State Government that all the parties must allow the Judicial process
to run its full course as the government is prepared,, willing and
ready to abide by whatever order the court makes at the end” he said.
The state government also berated Adoke for not giving rightful advice
to the PDP controlled federal government as the Chief Law officer of
the nation.
“The speed with which the federal Attorney-General gave his
unsolicited advice has been noted except to add that he is yet to
advise his own government to obey the rule of Law in the Justice Ayo
Salami case and he is also not all that fast in following up on the
oil subsidy probe. The federal Attorney-General is no doubt of good
physician of the law who unfortunately has been quite unable to heal
himself when it comes to obeying court orders or following the due
process of the Law.”
“As for the moves by the PDP to use sheer Police brutal force to
enforce the Judgment in a purely civil matter and the readiness and
willingness of the police to render such service, it is necessary to
point out that the procedure for enforcement of a civil Judgment is
contained in a federal and not a state law. The Police have no roles
to play in it at all and till now, the necessary order on consequence
of disobedience has yet been served on us” the Attorney-General
maintained.
He, however urged Adoke and the Inspector-General of Police, the
Commissioner of Police and the leadership of PDP at all levels and all
aggrieved affected persons to read the provisions of the Law, follow
it and as well as be guided by it as Imo state government abides by
the Law.
