Legal experts have faulted claims by those who said that the judgment of Justice Iyaye Laminkara of Port Harcourt High Court restrained Rt. Hon. Chibuike Rotimi Amaechi, Rivers State, governor from exercising his constitutional right in dissolution of Obio/Akpor Council.
In a chat with journalists in Port Harcourt the Rivers State Commissioner for Justice and Attorney General, Barr. Worgu Boms who backed Governor Amaechi on the dissolution of Obio/Akpor Council, said the Governor acted within the ambit of the law as provided by the Rivers State Local Government Law No. 2 of 2012.
According to him, those who claimed that the judgment of Justice Iyaye Laminkara restrained the governor from exercising his constitutional right do not understand the law and are misinterpreting it to suit themselves.
In his words, “the judgment does not grant absolute deprive against the governor from doing anything concerning the council from whatever form”, stressing that it was erroneous to interpret some parts of the judgment as an annulment to the power of the governor “there is no part of the Laminakara’s judgment where the powers of Governor were shut out”.
“She did not declare any part of it to be unconstitutional or invalid it means they remain external provision under our law” he added.
The Attorney General who cited Local Government Law No. 2 2012 pointed out that the law provided that if any local council is indifferent to this law, then the Governor can invoke his executive powers.
Even Justice Lawminkara’s judgment made available to the newsmen on Page 20 supports the governor’s action as it read, “Where the Governor is not satisfied that the council provisions of the Local Government Law or has engaged in any activities that is detrimental to the corporate existence of the state or local government in circumstances where the House is not in section and where the Governor is satisfied that the issue is serious and breach of peace and public order is likely he may proceed to dissolve the local government council and request the ratification of the House of Assembly within seven days of the resumption of the sitting of the House, “stressing that the Governor’s action on the dissolution of the Obio/Akpor council does not amount to contempt of court as speculated.
Similarly, a human right activist, Barr. Ken Atsuete who backed Governor Amaechi’s action in dissolution of Obio/Akpor council noted that the governor’s action on the matter was sacrosanct, according to him, brandishing the contempt of court judgment does not have a full grasp of the matter.
He said that since the claimant is challenging the powers of suspension and as far as the court is concerned the issue of dissolution is not touched because the Governor had the specific powers to do so and warned those threatening to cause trouble in the area to desist. ###
Emeka Jilly Ejiowhor
