By Austin Ogwuda
THE Chairman of Oshimili North Local Government Area in Delta State, Mr. Christopher Okafor, has appealed the judgment of the state high court, which ordered him to vacate office, urging the Court of Appeal sitting in Benin City to set aside the judgment.
Trial judge at the lower court, Justice G. Briki-Okolosi had earlier this month, ruled that Okafor’s tenure in office expired on May 15, this year following a civil action filed by the state Chairman of the Peoples Democratic Party, PDP, Chief Peter Nwaoboshi and three others, who had prayed the court to interpret the tenure as it affects him (Oshimili North council chairman)
However Okafor had also, through his counsel Chief Efe Akpofure, SAN, petitioned the state House of Assembly, drawing its attention to the fact that the recent dissolution of councils by the House was not binding on him because he only came into office in January this year through a court order and was yet to complete his three years tenure as contained in the State Local Government Law 2004 (as amended).
He submitted in the reliefs sought before the Appeal Court that “the learned trial judge erred in law when he relied on Section 12 of the Local Government Law 2004 to hold that the tenure of the 1st appellant as Chairman of the 3rd appellant (Oshimili North Local Council) will expire on 15th May 2011”.
Okafor who spoke to our reporter in Asaba said “people who are desperate for power should allow us to follow due process. They should not be desperate, after all I stayed in the tribunal for two years and seven months before I reclaimed my mandate. I have filed for a stay of execution of that judgment.
Beside, I have also appealed and the status quo should remain, that is the position of the law. What we are testing is the law, that is the Delta State House of Assembly Local Government 2004 law as amended. so I am appealing for calm”, he stated.
Disclaimer
Comments expressed here do not reflect the opinions of Vanguard newspapers or any employee thereof.