Court stops Abia probe as Judicial Panel calls for memoranda

*Ikpeazu has been shopping for court order to stop Panel – Otti

From Boniface Okoro, Umuahia

Reports reaching Umuahia, Abia State capital, today says that a Federal High Court in Abuja has granted an interim injunction stopping the Judicial Panel of Inquiry on Recovery of Government Properties and Funds, set up Abia State government to probe officials of the immediate past administration led by Dr. Okezie Ikpeazu.

Governor Alex Otti, on Tuesday, June 27, 2023, inaugurated the five-member Judicial Panel of Inquiry at the banquet Hall of Government House, Umuahia, with a charge to the Panel to recover all looted funds and properties belonging to Abia State government allegedly looted by officials of the immediate past government.

However, the Abuja Federal High Court injunction is coming days after the Panel had announced that it would hold its inaugural sitting on August 15, 2023; and about a week after Abia State government had disclosed that Ikpeazu has been secretly shopping for a court injunction to stop the panel from carrying out its assignment.

Affected by the Court injunction, apart from the Panel are the Inspector-General of Police and the Abia State Government.

Though the name of the judge who gave the injunction was not disclosed but news circulating in Umuahia this morning, quoting an Aba-based radio station, Magic FM, as having obtained the court papers, said the court granted the injunction after an application for an ex-parte motion was brought before it by C.C. Enuka, Counsel to Gabriel Onyendilefu and three others. Onyendilefu is a former Accountant-General of Abia State.

The news reads: “In the papers obtained by Magic FM, the court gave an “order of interim injunction restraining the respondents from inviting, summoning, interrogating, harassing, intimidating, arresting, detaining, seizing any property belonging to the applicants or otherwise dealing adversely in any manner with the applicants, their children, any member of their families or any other person connected to the applicants, insofar as it relates to the applicants’ tenure as public officers in the Abia State government between 2015 and 2023, pending determination of the substantive originating motion on notice.”

“The court also ‘granted for departure from Order 43 Rule 3 (2) of the High Court of Federal Capital Territory (FCT) (civil procedure) Rule 2018, directing that the interim orders granted herein shall not lapse until hearing and determination of the applicants’ substantive originating motion on notice.’ The matter was adjourned until August 15, 2023, for hearing of the substantive suit.”

Only a few days ago, the Chairman of the Panel, Justice Ikwuoma Duruha-Igwe, had published an announcement calling for memoranda from the public, saying that the Panel would hold ts inaugural sitting on August 15, 2023.

The announcement titled: “Judicial Panel of Inquiry on the Recovery of Government Properties, Funds and Related Matters: Call For Petitions/Memoranda,” read:

“The Government of Abia State of Nigeria has instituted a Judicial Panel of Inquiry on the Recovery of Government Properties, Funds and Related Matters.

“Terms of Reference

“To receive and examine complaints from individuals and corporate entities on the looting and or conversion of Government properties, funds and related matters from May, 2015 to May, 2023 and, where necessary, make recommendations to the Governor for remedial measures or any other measures as appropriate.

“Examine and ascertain whether Government moveable and immovable assets and funds or part of it have been illegally acquired/occupied/converted to private use from May, 2015 to May, 2023 and identify the persons responsible and further make recommendations for recovery and appropriate sanctions.

“Ascertain the extent of allocation and revocation of land in Abia State from May 2015 to May, 2023 and determine the propriety of such allocation and revocation.

“Review the award and execution of contracts from May 2015 to May 2023 and ascertain if they were in conformity with extant laws.

“To review employments, promotions, appointments, payments in respect of the employments, appointments and termination of the employments and appointments from May 2015 to May 2023 and to ascertain if they were in conformity with extant laws.

“To investigate any other matter incidental or related to the foregoing Terms of Reference and make recommendations to the Government based on their findings.

“Procedure:

“Interested members of the public are requested to submit seven copies of Petitions/Memoranda typed in double-line spacing.

Each Petition must be verified by an affidavit while a memorandum may be notarized or verified by an affidavit.

Each Petition/Memoranda shall contain:

The full address, email and telephone number of the petitioner

Names, addresses and phone numbers of a respondent; Date, place, nature and circumstances of the complaint and shall be submitted in an envelope and addressed to:

Secretary to the Judicial Panel of Inquiry on the Recovery of Government Properties and Funds 

and Related Matters, Old Government House, Umuahia, Abia State.

“Documents must be submitted on or before twenty-one days from the date of this publication.

“Inaugural Sitting: Tuesday, 15th August, 2023 at 10am at Old Government House, Umuahia.”

Secretary to the Panel, Engr (Mrs) Justina Oluchi Ebo, signed the announcement, on behalf of the Chairman.

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Before the call for petitions/memoranda by the Panel, Abia State government had alleged that the immediate past Governor, Dr. Okezie Ikpeazu, was making surreptitious moves aimed at stopping the Panel from carrying out its onerous assignment.

The allegation was contained in a statement by the Chief Press Secretary to the Governor, Dr. Alex Otti, saying that Ikpeazu has been shopping for a court order to stop the Judicial Panel.

The statement dated July 20, 2023 and signed by Uko, with the caption: “Ikpeazu Shops For Court Order To Stop Abia Panel On Recovery Of Government Properties,” read: 

“Apparently rattled by the establishment of a Judicial Panel of Inquiry on the Recovery of Government Properties and Funds belonging to Abia State, the immediate past Governor of the State, Dr. Okezie Ikpeazu, has gone shopping for court order to stop the work of the panel. 

“Unfortunately for Ikpeazu, every effort to surreptitiously obtain an order of the court against the panel has failed. 

“Twice, the Peoples Democratic Party (PDP) former Governor had approached the Federal High Court in Abuja for ex-parte order to restrain the Judicial Panel, from doing its work, but on the two occasions he was rebuffed by the courts. 

“The two attempts were rejected because he failed to put the state government on notice as directed by the courts. 

“A source conversant with details of the two futile moves by Ikpeazu puts it in proper perspective:

“Dr. Okezie Ikpeazu, the immediate past Governor of Abia State, had instituted Suit No: FHC/ABJ/CS/907/2023 DR. OKEZIE IKPEAZU & 3 ORS VS GOVERNOR OF ABIA STATE & 8 ORS in the Abuja division of the Federal High Court and same was assigned to his Lordship Hon. Justice Omotosho J. 

“In that suit, Dr. Ikpeazu sought (by way of an Ex-Parte application) to secure an Ex-Parte order to restrain a Judicial Panel of Enquiry set up by the Government of Abia State to recover government properties and funds. His Lordship Hon. Justice Omotosho J. refused the Ex-Parte application insisting that the respondents be put on notice.

“He immediately withdrew the suit and filed a fresh one FHC/ABJ/CS/945/2023 Ikpeazu Vs INSPECTOR GENERAL OF POLICE (IGP) & 8 ORS which was assigned to His Lordship Hon. Justice Obiora Egwuatu, who, also refused the Ex-Parte application to restrain the proceedings of the panel and gave the Claimant 2 (two) days to put the respondents on notice. He once again quickly withdrew the suit

“It is obvious that by withdrawing both suits and also refusing to put the Abia State Government on notice as directed by the court, it is clear that this is a subterranean exercise and patent manifestation of bad faith and a desperate attempt to use the court as a shield for the alleged criminal activities of his administration in Abia State.”

“We have it on good authority that Ikpeazu is shopping for another court that would possibly give him the order to stop the probe. 

“We shall keep you posted about developments on this drama.”