An Enugu State High Court presided over by Justice FC Obieze has restrained the impeached Igboeze-North council boss, Mr Bonaventure Onu, from parading himself as chairman of the council.
The court said its order followed the impeachment of the ex-chairman by councilors on December 15, 2014.
Obieze gave the order in Enugu on Dec 31st, 2014 after hearing the submission of Mr JAC Onuoha counsel to the plaintiff (19 councilors from Igboeze-North council area).
He restrained the defendant (Onu), his agents, servants or any person or persons acting on his behalf from holding himself out/parading himself as the chairman of Igbo-Eze-North LGA pending the determination of the suit.
“Having being impeached by 19 out of 20 councilors on December 15, Onu should stop parading himself as chairman pending the determination of motion in notice.
“The defendant is retrained from signing any cheque, withdrawing any money from the bank account of Igboeze-North LGA”, the court held.
According to the court order, with suit no E/63OM/2014 signed by VA Aneke ESQ, the Director of Litigations and Court Services, the return date was fixed for January 8, 2015.
It would be recalled that, 19 out of the 20 councilors of Igboeze-North had on Dec 15, 2014 impeached the chairman on allegations of misappropriation, embezzlement of council funds and inability to follow due process in award of contracts and running of council’s activities.
The councilors said the impeachment of the chairman had become necessary since the report of 7-man committee led by Mr Nestor Ezeme set up by the Chief Judge of Enugu State to look into the impeachment notice served to Onu by councilors indicted the impeached chairman of embezzlement, misappropriation and non-implementation and execution of 2014 council budget.
The report also accused the chairman of abuse of office and non compliance to due process.
The report of the committee, which was signed by the seven members, recommended the removal of the chairman by councilors through resolution that should be supported by a two third majority of the legislative council members.
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