Contempt: Court slams 3 month jail term against Anambra council boss

         

An Ekwulobia High Court in Anambra state, presided over by Justice Pete Obiora yesterday committed the Chairman of Ihiala Local Government Area of the state, Chigozie Awogosi to three months imprisonment with hard labour without option of fine for refusing to vacate his seat and allow a fresh local government election to be conducted in the area as ordered by the court.

Odogwublog.com however , as at the time of filling in this report the order has not been effected as  the state Police Public Relations Officer, PPRO, Uche Ezeh, said that they were still waiting for a service of the court order to arrest Awogosi, because  according to him ,the police work with evidence.

The Aguata Zone of the Appeal Tribunal sitting at Ekwulobia, Anambra State, presided over by the Justice Obiora had on June 19, this year, upheld the judgment of Obi Anizoba-led Elections Petitions Tribunal which nullified the election of Awugosi of the All Progressives Grand Alliance, APGA as the duly elected Chairman of Ihiala Local Government Area of the state and at the same time, ordered him to vacate his seat to allow the Anambra State Independent Electoral Commission, ANSIEC to conduct a fresh election.  .

The Election Petition Tribunal presided by Obi Anizoba had on April 9, nullified Awugosi's election sequel to a petition brought against him by Peoples Democratic Party, PDP rival, Golden Ilo, through his legal counsel Barrister Okey Muo-Aroh and he went to Appeal tribunal reaffirmed the nullification of his election.

But Awogosi continued to occupy his office and perform his duties as the local government chairman, and out of annoyance his PDP rival Golden Ilo approached the Ekwulobia High Court and complained against Awogosi’s disobedience of court order which led to his imprisonment for three months with hard labour and without option of fine.

In his judgment, Justice Obiora who accused Awugosi of fragrant disobedience of Appeal tribunal's order, ordered the Inspector-General of Police, IGP and Anambra State Commissioner of Police to arrest and send him to the prison yard with immediate effect. 


Counsel to Ilo, the PDP chairmanship candidate that took Awugosi to both the election tribunal and court for contempt, Okey Muo-Aroh told newsmen on phone that the convicted Awugosi was on the run and as such, could not be arrested and sent down to prison yard for the contempt.   

Ilo had filed the petition against Awugosi, Electoral Officer, EO; Anambra State Independent Electoral Commission, ANSIEC and the Independent National Electoral Commission, INEC, challenging his election on January 11, 2014 as the council chairman in the area and at the same time seeking its nullification, since election did not take place at all in the area. His prayers were however granted with an order for a fresh election.

Awugosi headed to the Appeal Tribunal and asked that the judgment of the lower tribunal be upturned because there was a free and fair election which he clearly won.  

But in his judgment, Justice Obiora upheld the judgement of the lower tribunal which nullified the election, based on the resolution of 10 issues canvassed by the appellant which included jurisdiction, fair hearing and weight of evidence. and ordered him to vacate his seat with immediate effect.

Obiora affirmed that the lower tribunal has the jurisdiction to hear and decide election matters provided such a petition was not statute barred, adding that the petitioner fulfilled all the conditions required for bringing the petition.  

Obiora said in totality, he agreed that from the preponderance of evidence, the petitioner actually discharged the onus and evidence burden placed on him by law, thereby satisfying the court.

He therefore dismissed the appeal for lack of merit, ordered the nullification of the January 11 chairmanship election in Ihiala and ordered the appellant to vacate office of the chairman forthwith while the second to fourth respondents conduct a fresh election for the office within three months from now.

The leading counsel to the appellant, Okey Muo Aroh then described the verdict as a landmark judgment, adding that it has clearly shown that the judiciary is truly the last hope of a common man.