APGA MOVES TO SACK OKOROCHA •Urges court to declare seat vacant

Posted by News Express | 24 December 2013 | 3,924 times

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True to its threat, the All Progressives Grand Alliance (APGA) has commenced moves to remove Owelle Rochas Okorocha as governor of Imo State for defecting to the All Progressives Congress (APC).

APGA had at its National Executive Committee (NEC) meeting in Abuja on August 3 unanimously agreed to commence a legal action to unseat Governor Okorocha for dumping the party for another one whose policies are different from APGA’s.

In the suit lodged yesterday at a Federal High Court in Abuja, APGA is seeking order declaring the Imo governorship vacant. Cited in the suit are Okorocha, INEC and the Imo State House of Assembly as the first to the third defendants respectively.

APGA is praying the court for an order directing the Deputy Governor of Imo State or Speaker of the Imo State House of Assembly, or any officer next in line to the position of the governor of Imo, who is a member of APGA to be sworn in as the governor of Imo State.

APGA in the suit filed by its counsel, Victor Odjemu, APGA is equally praying the court for “an order directing the second defendant, the Independent National Electoral Commission (INEC), to issue a Certificate of Return to the person declared as governor, as the prayer above, and an order annulling the one issued to Okorocha (first defendant) by virtue of his defection to APC.”

APGA wants the court to make a declaration that by virtue of the provisions of Section 177(c) and 221 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 97 of the Electoral 2010 (as amended) and the effect of the Supreme Court decision in Amaechi v INEC, reported in 2008, 5 NWLR Part 108, 227, particularly at Page 317-325, the Imo State governorship mandate given at the April 2011 elections, remains with the plaintiff (APGA) and the said mandate should be exercised by the Deputy Governor of Imo State, or the Speaker of the House of Assembly or any officer next in line to the office of the governor, who is a member of APGA by virtue of Section 191(1) and (2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the legal maxim of Ubi Jus Ibi re medium following the defection of the first defendant to APC.

No date has been fixed for hearing.

•Photo shows Governor Okorocha.


Source: News Express

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