…It’s power show between Gov Okorocha and HRH EZE Cletus Ilomuanya
In my first viewpoint on the above topic entitled “Governor Okorocha Vs Imo State Royal Fathers” which was published on a number of websites, I discussed this topic extensively. In that analysis, I tried to draw a distinction between legal justice and moral justice. I said that should the matter escalate to a full blown court issue, the governor might resort to option B in order to take his pound of flesh from the royal fathers. I concluded by saying that: “if , however, the matter eventually goes to court, there may a need to discuss the implications and ramifications for both parties…..” The present reality is that the EZES have finally dragged Governor Okorocha and the Chairman of the Council of Ndi Ezes, HRM EZE Samuel Agunwa Ohiri, to court on the grounds that that state governor is acting in cahoots with HRM Eze Sam Agunwa Ohiri to harass and intimidate the royal fathers. They also say that the “Fact Finding Panel’ set up by the Chairman of the Council was an illegitimate Kangaroo court which the Ezes would not honour with their presence. The full details of the reliefs sought by the Royal Fathers are fully stated in an affidavit deposed by one of them, HRH Eze Donald Nnabue on behalf of 39 other monarchs. It is pertinent to state that the Royal Fathers are being accused of insubordination and disrespect to constituted authority when they joined the former Chairman of Imo State Council of Traditional Rulers and dethroned traditional ruler of Obinugwu Autonomous Community, HRH EZE Cletus Ikechukwu Ilomuanya, to welcome former President Goodluck Jonathan when he visited Imo State in March as part of the electioneering in regard to the just concluded presidential election which took place on March 28th. Details of the reliefs sought by the Royal Fathers will be exclusively reported in a separate analysis including what I deem to be the Governor’s option B in the months ahead.. The first hearing of the suit came up in Owerri High Court on Tuesday, June 23, 2015.Details will follow on another report.
Loading ...The purpose of the analysis you are reading is to inform and educate the general public on the genesis of the ongoing conflict between the State Governor and IMO State Royal Fathers. This intervention has become necessary because most of those who have discussed this issue seem not to have spoken from an informed perspective. Yes, the ongoing face off between the Imo royal fathers and Governor Okorocha is an extension of the power show /supremacy tussle between Governor Okorocha and the deposed traditional ruler of Obinugwu Autonomous Community in Orlu Local Government Area of Imo State, HRH EZE Cletus Ilomuanya.
The travails of HRH EZE Cletus Ikechukwu Ilomuanya which culminated in his final dethronement as the traditional ruler of Obinugwu Autonomous Community in Orlu Local Government Area of Imo started on the 6th day of June, 2011. That was the day the newly elected governor of Imo State, Owelle Rochas Okorocha made his controversial maiden radio broadcast to the populace-just a week after he was sworn into office on the 29th May, 2011. In the broadcast, Governor Okorocha made series of policy statements which did not go down well with a wide spectrum of the citizenry thus causing a raising of eyebrows by the social clusters that were adversely affected. One of these controversial decisions was the instant dissolution of the Imo State Council of Traditional Rulers. At the time of the broadcast, HRH EZE Cletus Ilomuanya was the State Chairman of the State Council of Traditional Rulers a.k.a State Council of NDI EZES- a 54 –member Council of traditional rulers drawn from the 27 local government Areas of Imo State. It is pertinent to state that Governor Okorocha also sacked the 10,000 civil/public servants who were employed by his predecessor, Chief Ikedi Ohakim, on the grounds that the appointments were politically motivated. He also sacked the entire elected Chairmen and councilors in the 27 Local Government Areas (LGAs) of the State on the grounds that the election which brought them to power on 7th August 2010 was flawed, illegal and a travesty of due process.
Ilomuanya at the HIGH Court Owerri : Dissatisfied with the dissolution of the Imo Council of Traditional Rulers, HRH EZE Cletus Ilomuanya filed a suit in the High Court Owerri to challenge the decision of the governor. Delivering judgment on the suit on the 24th day of February, 2012, HON. Justice B.A. Njemanze ,who was also the Chief Judge of Imo State, dismissed the suit on the grounds that it was incompetent.HRH EZE Ilomuanya lost at the State High Court on 24/2/2012.
HRH. Ilomuanya @Court of Appeal, Owerri: Dissatisfied with the ruling of Justice B.A Njemanze and in a desperate search for justice,HRH. EZE Cletus Ilomuanya, acting in his capacity as the suspended Chairman of the dissolved Council, appealed to the Court of Appeal, Owerri for intervention. Delivering judgment on the suit on Friday, the 5th day of July, 2013,the Presiding Judge, Philomena Mbua Ekpe, held inter alia:”Finally, the learned trial Judge(i.e. Justice B.A Njemanze)went off tangent when he delved into the realm of the Interpretation Act S.11 to state that he who has the power to appoint also reserves the power to remove or suspend. He had lost track of the fact that the respondent(Governor) had earlier denied that the appellant was either(sic) hired (or) fired by the 1st Respondent and thus had no case. Section.2(1),2(4) and 17(a) of the Imo State of Nigeria Traditional Rulers and Autonomous Communities Law NO.6,2006( as amended) is quite clear. The Appellant was appointed by the Governor of Imo State for a fixed term of five years from January 28th,2010. Again, the said law clearly states that the Appellant in that capacity as Chairman cannot be removed unless by death or resignation, neither of which occurred before the 1st Respondent’s(i.e. the governor) maiden broadcast of the 6th June 2011. From the totality of all of the above, it is my considered view that the learned judge (Justice Njemanze) raised issues suo motu and determined them to the detriment of the Appellant without evidence thus descending into the arena to make a case not made by the respondents. Consequently, this appeal is meritorious and it is hereby allowed. The Appellant (i.e. EZE Ilomuanya) is therefore entitled to all the reliefs in his originating summons. The judgment of the learned Chief Judge(i.e. Justice B.A Njemanze ) delivered on the 24th day of February, 2012 is set aside. I make no order as to costs”. So, HRH. EZE Ilomuanya won in the Court of Appeal, Owerri on 5/7/2013.
HRM EZE OHIRI goes to HIGH COURT ,Owerri: After the victory in the Court of Appeal, one would have expected Governor Okorocha to bow to the rule of law to reinstate HRH.EZE Ilomuanya to take back his office as Chairman ,Imo State Council of Traditional Rulers. But this did not happen. Rather, there was a sudden twist in the episode when HRH Eze Samuel Ohiri, who is Governor Okorocha’s appointee as Chairman of Imo Traditional Rulers Council, filed a suit in an Owerri High Court in Suit NO .HOW/525/2013.This suit was presided over by Hon Justice Ngozi Ukoha and HRM EZE Samuel Ohiri was seeking to be declared Chairman of Imo Council of NDI-EZE which he said was different from the Imo Council of Traditional Rulers . In a judgment delivered on May 26th, 2014, the court dismissed the suit and declared it as “frivolous, and an abuse of court process, judicial impertinence and lacking in merit”. Again, HRH EZE Ilomuanya won in the State High Court presided over by Hon Justice Ngozi Ukoha.
In December, 2011, the Ben Uwajumogu-led Imo State House of Assembly passed a motion ordering Governor Okorocha to sack two traditional rulers on the grounds of petitions received from their constituents. The affected traditional rulers include, HRH Eze Cletus Ilomuanya of Obinugwu Autonomous Community in Orlu Local Government(LGA) and HRH EZE Cosmos Onyeneke of Lagwa Okwuato Autonomous Community in Aboh Mbaise LGA. The decision of the House was on the grounds of adoption of the five -man ad hoc committee to investigate the matter on the petitions levelled against the two royal fathers. In the petition, one MR.Ikechukwyu Obi who hails from HRH Eze Ilomuanya’s kingdom accused HRH EZE Ilomuanya of complicity in criminal conviction. The said Ikechukwu Obi said that he was not happy being ruled by one who he described as a known fraudster and ex-convict. Furthermore, Hon M.O Osuagwu and MR.D.O Amadi both from the kingdom of HRH Cosmos Onyeneke accused their Royal Father, Cosmos Onyeneke, of complicity in alleged kidnapping incident committed on the 21st day of September, 2011 at a Nail Factory situated at Ezialla Enyiogugu, Aboh Mbaise belonging to the traditional Ruler(Onyeneke). The petitioners held that the traditional ruler, Cosmos Onyeneke, no longer had integrity and reputation to continue as traditional ruler of Lagwa Okwuato community. They presented a court judgment in a case delivered on 25th March, 1988 to buttress their argument. The case was presided over by His Lordship,, Justice U.S UBA. Governor Okorocha forwarded the petitions to the House of Assembly for deliberation.
In fact, the Imo State House of Assembly passed a resolution to the effect that HRH EZE Ilomuanya was actually convicted in a criminal case bordering on Obtaining by Tricks(OBT) a.k.a 419 in a suit that took place in a court in Calabar High Court in the 1980s. Again, in a desperate search for justice, HRH EZE Cletus Ilomuanya went back to the court to protest his innocence in order to clear his name. The import of the Resolution by the BEN Uwajumogu House of Assembly is that HRH EZE Cletus Ilomuanya is an ex-convict, a criminal who lacks the integrity to be a traditional ruler. HRH EZE Ilomuanya’s counsel was a prominent legal luminary in Owerri, Barrister Declan Madu. During the hearing, the traducers of EZE Ilomuanya were not able to present any cogent/ verifiable evidence that any court in Calabar or elsewhere ever convicted HRH.EZE Ilomuanya of any case of 419(OBT). Delivering judgment on the suit, on March 20,2013, His Lordship, Hon. Justice Paschal Nnadi, in suit NO.HOW/103/2012 dismissed the resolution of Imo State House of Assembly that HRH EZE Cletus Ilomuanya was convicted on a case bordering on 419-Obtaining by Tricks(OBT).HRH EZE Ilomuanya sued for libel demanding a whopping amount of NI billion as costs in regard to his tarnished reputation. I do not know if the libel suit is still pending or withdrawn by Cletus Ilomuanya, perhaps, as result of overtures made to him by some vested interests.
In the same vein, it is pertinent to state that shortly after he was inaugurated Governor on MAY 29th, 2011, Governor Okorocha set up a ‘Task Force Committee on the Recovery of Government Property”. This Committee invaded the residence of HRH Eze Ilomuanya and carted away some valuable items of property in his residential premises.
HRH Ilomuanya goes back to court: Dissatisfied with this invasion of his privacy, HRH EZE Cletus Ilomuanya went to the Federal High Court, Owerri, to seek judicial mediation and pronouncement on the unlawful invasion of his private residence. Delivering Judgment in the suit NO.FHC/OW/238/2011 on November 29TH,2012, HON Justice F.Olubanjo ordered Governor Okorocha and his group who invaded EZE Ilomuanya’s Palace Extension in Owerri on August 5th,2011, to pay N10 million as costs for unlawfully invading the Palace Extension of EZE Ilomuanya in Owerri. I don’t know whether the Governor has paid this cost to Cletus Ilomuanya.If HRH Ilomuanya does not need the money, he should claim it and empower the less privileged with the windfall. Most of our big men in Imo State turn a blind eye to humongous costs awarded them by the courts, even when such moneys should be claimed and channeled to philanthropic and charity outfits. There is so much poverty in Imo State and such moneys can help alleviate poverty oe even empower members of the Fourth Estate.
THE FINAL DETHRONEMENT: In spite of the judgment of the Court of Appeal ordering the reinstatement of EZE Ilomuanya to his status of Chairman of Council of Ndi Eze, Governor Okorocha remained recalcitrant. In his desperation to be reinstated to his status as Chairman of Imo State Royal Council, HRH Cletus Ilomuanya felt there was a need to take some action in order to reap the fruit of his series of court victories. It was at this point that EZE Ilomuanya took steps to domesticate the order of court, albeit through self help. One morning in the second week of June, 2014, in what looked like a military coup , HRH EZE Ilomuanya, stealthily moved under cover of a group of men of the security Agencies including Police operatives and others and captured the secretariat of Imo Council of Traditional Rulers in New Owerri. The task was accomplished in a commando style as there was no resistance from security wing of the Imo State Government. He was escorted to the Secretariat by eminent personalities including the Leader of the Movement for the Actualization of Biafra(MASSOB),Chief Ralph Uwazuruike, some top political chieftains as well as a motley group of Imo royal fathers. One of the party chieftains was a former Deputy Governorship candidate to one of the legacy parties in the last election in Imo State. When the information reached the Government House that HRH Eze Ilomuanya and his group had captured the secretariat of Imo Royal Fathers, alarm bells started ringing at high decibel in Imo State thus triggering off panic and pandemonium in Douglas House-the seat of power in Imo State .As an eye witness to the episode, I had a premonition that Governor Okorocha would deal decisively with the issue in a matter of hours.
As was expected, a few hours after the palace coup, the then Secretary to the State Government(SGI), Professor Tony Anwuka, swiftly read out a riot act as he issued a press release to the effect that Governor Okorocha had dethroned HRH EZE Ilomuanya as the traditional ruler of Obinugwu Autonomous Community. The press release was repeated incessantly on the channels of Imo State Government Radio and Television channels to the consternation of a cross section of the citizenry. Rather than seek reconciliatory overtures to the governor in order to appease him,HRH EZE Cletus Ilomuanya, exacerbated matters when he went ahead to celebrate his 2014 New Yam Festival-IRIJI with pomp and circumstance-in spite of orders from the governor that he should not celebrate it since he was no longer a Royal Father. The 2014 IRIJI/ New Yam Festival was graced by eminent personalities including the President who was ably represented by the then Minister of Labour, Chief WOGU. Many traditional rulers-Igwes, Obis, Emirs from across the country were either present or represented. Top chieftains of the PDP were all over the place including the like of Professor Viola Onwuliri, Chief Ikedi Ohakim, Senator Hope Uzodimma, HON.Emeka Ihedioha and several others. Although Governor Okorocha no longer recognizes him as a traditional ruler at the time, there was a very high presence of police and other security operatives. Governor Okorocha must have been frustrated at the barefaced affront on his status as governor. It was even more painful that the then President, DR. Goodluck Ebele Jonathan, was aiding and abetting HRH EZE Ilomuanya’s perceived intransigence and recalcitrance over a constituted authority.
I am of the opinion that Governor Okorocha’s reaction appears to be a classic case of righteous indignation. Although it was a decision taken in the heat of passion, it appeared to be the best option at that point in time. What would you expect from a General of the Army when part of his territory was captured in a palace coup? As media professionals, we are the only group who can educate and inform the populace objectively to enable them talk from an informed mind. In spite of what we feel about the emergence of Governor Okorocha as second tenure governor, Journalism demands that facts are sacred and comments free. If Governor Okorocha did not take decisive action at the point of the palace coup, then, it means there was no government in the state.HRH EZE Cletus Ilomuanya over-reacted when he used self –help to take possession of the secretariat of NDI EZE, even when there was a sitting governor. All he needed do was to alert the Court of Appeal that he could not enjoy the fruit of his court victory. The Court would have given a consequential order to Governor Okorocha to carry out its orders or face the consequences of his temerity. The object lesson here is that it was at this point that Governor Okorocha wielded the big stick of dethronement.I have a strong feeling that before this Palace coup on the secretariat of Ndi Eze, Governor Okorocha was probably not thinking of dethronement of his kinsman, HRH EZE Ilomuanya. In fact, a few months to the palace coup, Governor Okorocha invited HRH EZE Ilomuanya to a Sunday worship session in the Government House chapel- a.k.a Victory Chapel. On that occasion, they had a great time as they reminisced over issues in an ambience of conviviality and rapprochement. But, then, the palace coup, which took place shortly after that meeting, did irreparable damage to their relationship thus compelling the governor to dethrone him in the first week of June 2014.
Again, Cletus Ilomuanya recaptures Secretariat of Ndi EZE:I am told that in March this year, Cletus Ilomuanya used self help to recapture the EZES’ Parliament where the then visiting President, Goodluck Jonathan was hosted during his summit with a section of Imo Royal Fathers. It was this meeting which a cross section of Imo royal fathers attended that is the crux of the present recrimination between about 40 Imo royal fathers and Gov Okorocha/HRH EZE Imo. An impeccable source said that the HRH EZE Cletus Ilomuanya group forcefully broke into the facility and damaged appliances and royal artifacts in the complex. I am shocked that HRH EZE Cletus Ilomuanya could still use self-help- a second time- to occupy the Parliament of NDI EZE. If this is true, it should be condemned in its entirety. More agonizing is the fact that some of the Royal Fathers in Imo State did not feel any qualm of conscience that their Parliament was forcefully captured; they still sat in the meeting just because the President came with petrodollars. This is despicable and duplicitous. More vexatious is the fact that HRH EZE Cletus Ilomuanya embarked upon this Palace coup at a time when he had been dethroned as a Royal Father; he was dethroned in June 2014. in spite of insuperable odds, HRH EZE Ilomuanya needed to exercise caution and moderation at this period of his face-off with the state governor.
Governor Okorocha goes to Supreme Court: Dissatisfied with the Court of Appeal, Owerri judgment which reinstated HRH EZE Ilomuanya as Chairman, Imo Council of Ndi Eze, Governor Okorocha appealed to the Supreme Court to overturn the judgment. As a result of some incurable lapses detected in the appeal papers, the Supreme Court struck out the suit. Delivering judgment in the Appeal, the Hon Justice John Afolabi Fabiyi(JSC) held that the “Application filed on 26/3/2014, having been withdrawn, is hereby struck out”. This was a unanimous decision of all Five –member team of judges who sat on the appeal on 2ND day of February, 2015.The Appeal was registered as SC 573/2013.
Matters Arising: (1)An in-depth analysis of the various judgments raises some salient points. (1)(HRH Eze Ilomuanya was appointed the Chairman of the 7TH Imo State Council of Traditional Rulers(NDI EZE) with effect from January 28th, 2010 . He functioned in that capacity until June,6th 2011 when Governor Okorocha announced the dissolution of the Council in his maiden broadcast of June 6th, 2011.The status of Chairman of Imo Council of NDI EZE carries a statutory tenure of five(5) years which lapsed on January 28th, 2015. So, HRH EZE Cletus Ilomuanya’s statutory tenure expired on January 28th, 2015 by operation of law or effluxion of time. But, the Supreme Court judgment of 2nd February, 2015 affirmed him as the legitimate occupant of that office. The implication is that, although Cletus Ilomuanya won all his suits, the law bars him from occupying that office after January 28th, 2015.However, he is entitled to be paid his arrears of salary and related monetary rights but he cannot be Chairman again, unless he is given a fresh mandate .Unfortunately, no court, not even the Supreme Court, can grant him tenure elongation for even one minute. This is the law.
(2) Again, even if his tenure is still active, he will still not be eligible to occupy the office of Chairman of Council on the grounds of the fact that he was dethroned in June 2014.A person has to be an EZE before he can be the Chairman of Council of NDI EZE.
(3)There is a need for HRH EZE Ilomuanya to go back to the court to ask for reinstatement as the traditional ruler of his autonomous community. I am pleased to report that information from the Palace has confirmed HRH EZE Ilomuanya has gone to court to retrieve his staff of office. Details of this litigation will be reported later
(4)It is painfully correct to say that while he was acting as an interface between President Goodluck Jonathan and NDI EZE IMO in March , 2015,Governor Okorocha did not recognize him as an EZE; this may be part of the grouse of the State Governor.
(5)Finally, there has been a cacophony of opinions on whether the state governor can suspend or dethrone a Royal Father. It is pertinent to state that Section 14(1) of Imo State Traditional Rulers, Autonomous Communities and Allied Matters Law NO. 6 of 2006 page A8 stipulates thus: “Notwithstanding the provisions of Section 8 of this law, the Governor may suspend or withdraw the recognition of a recognized EZE , if the governor is satisfied that such suspension or withdrawal is necessary”. Under subsection (e), one reason that a state governor can suspend or dethrone is “because an allegation of grave misconduct has been proved against him”. I am aware that so many of our traditional rulers in Imo State have caused series of grave misconducts and profanities against their people and the traditional institution. So, the oft-repeated poser as to whether a governor has the right to suspend or dethrone an EZE must not be carried to a point of absurdity. It is pertinent to stress that dethronement of Royal Fathers is not a novelty in Nigeria. In Imo State, the then Governor, Ikedi Ohakim, dethroned his kinsman ,HRH EZE Oliver Ohanwe, on the flimsy reason that he was hobnobbing with a prominent politician in Okigwe clan. He was given back his staff of office a few days to the end of tenure of Ikedi Ohakim. In Sokoto state, The Emir and Sultan of Sokoto, Alhaji Ibrahim Dasuki, was suddenly dethroned and banished on April 20, 1996.He was invited to see the Military Administrator for a message. He went there and was told that he had been dethroned and banished. Heavens did not fall. Again, the Military Governor of the defunct Gongola State, Col. Yohanna Madaki, dethroned Alhaji Umaru ABBA Tukur, as the Emir of Muri. Heavens did not fall. Furthermore, the 19th Emir of Gwandu, Al-Mustapha Haruna Jokolo, was dethroned and banished in 2005 by the government of former State Governor, Adamu Aliero. A Birnin Kebbi High Court headed by Justice Abbas Ahman reinstated him about December, 2014- after so many years of incarceration. However, the case will still go up to the Supreme Court. These dethroned Emirs accepted their travails with equanimity; none of them confronted the state governor. In fact, the grandfather of Emir Salisu Lamido, the present Emir of Kano, was also dethroned when he was the Emir of Kano. He was Emir Muhammadu Sanusi who was dethroned after about 10 years on the throne.
The essence of this analysis is to show that the ongoing recrimination between Imo Royal Fathers and Governor Okorocha is a fallout of the power show between the two gladiators: HRH EZE Cletus Ilomuanya and Governor Okorocha whch has festered since June 6th, 2011 as a result of the dissolution of the IMO Council of NDI EZE. If HRH Cletus Ilomuanya had accepted his fate with equanimity, perhaps, Governor Okorocha would not have gone to the extent of dethroning him. Governor Okorocha felt jilted that the Imo royal Fathers who were on his pay roll were hobnobbing and fraternizing with HRH EZE Cletus Ilomuanya who appeared to have declared total war on him. Yes, this apparent backstabbing rankles, more so, since in the eyes of the law, Cletus Ilomuanya lost his throne in June, 2014. The Supreme Court affirmation of HRH Cletus Ilomuanya as Chairman of Council of NDI EZE has not gone far enough. A person that has lost his throne will not have any use for reinstatement as Chairman of the Council of NDI EZE. It was Lord Denning, the Father of equity, who once posited that “You can’t put something on nothing and expect it to stay there; it will collapse.”
GOV. Okorocha crowns a new Royal Father for Obinugwu community. What is the legal status of this new Royal Father of Obinugwu community?
It is pertinent to state that Governor Okorocha added a new twist to the imbroglio when he inaugurated a new traditional ruler for Obinugwu Autonomous community ,in spite of the fact that there were pending suits on this issue. Shortly after announcing the dethronement of HRH EZE Cletus Ilomuanya, Governor Okorocha went ahead to give staff of office to Chief Stanley Anazionwu Nwagwu as the brand new Royal Father for Obinugwu Autonomous Community in Orlu Local Government Area of Imo State. This controversial installation of EZE Stanley NWAGWU took place on Tuesday, August 19,2014.Tongues are wagging that the newly installed EZE of Obinugwu Autonomous Community, EZE Stanley Nwagwu, is not even an indigene of Obinugwu Autonomous Community. They say he is a stranger in the Community and that it is an abomination for such a person to be inaugurated the EZE of Obinugwu. Grape vine reports say that he is a native of Ndiuche Okoro Aniche in Arondizuogu Community in Ideato North Local Government Area of Imo State- a Local Government Area in the Federal Constituency of Governor Okorocha. Governor Okorocha hails from Ideato Federal Constituency, precisely from OGBOKO Community in Ideato South Local Government Area. Ideato Federal Constituency is composed of Ideato North and Ideato South LGAs. I am also told that a court had in the 1980s ruled that the new traditional ruler, EZE Stanley Nwagwu, is not a native of Obinugwu community. Incidentally, HRH EZE Ilomuanya has gone to seek court pronouncement that the new Royal Father, EZE Stanley Nwagwu, is unfit to be the traditional ruler of Obinugwu Autonomous Community on the grounds that he is a stranger,. Since the matter is sub judice, we can only wait on the courts to give directives on how this development affects the status of HRH EZE Cletus, The bottom line is that HRH Eze Ilomuanya has gone to court to seek court pronouncement on the legality of Governor Okorocha’s appointment of a new Royal Father for Obinugwu Autonomous community.Finally, this topic will be given more elaboration in subsequent analyses so that discussants can argue from an informed mind.
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John Mgbe
johnmgbe@yahoo.com
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