Imo state government has expressed dismay over the recent takeover of the 27 Local Councils in the state 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 journalists in Owerri, the state capital, Commissioner of Justice and Attorney-General, Chief. 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 procedures both in 1999 Constitution and the rules of court which was served on their Counsel to the PDP, 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.
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.
“Since 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,” Njoku maintained.
He continued: ” 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 added.
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.â€
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†Njoku insisted.
He urged Adoke and the Inspector-General of Police, the Commissioner of Police and the leadership of PDP and all 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.