An Anambra State High Court sitting in Neni, has declared the Caretaker Committee of Agulu People’s Union, Nigeria as illegal, unlawful, unconstitutional and null and void.
In a judgement delivered today, Friday, 17th February, 2022, the Court described the imposition of the Caretaker Committee as executive lawlessness done in bad faith.
In the SUIT NO: NN/64/2021 between CHIEF OLIVER AFAMEFUNA & 10 ORS. V. GOVERNOR OF ANAMBRA STATE & 4 ORS, Judgment was entered in favour of the plaintiffs.
Court granted the reliefs sought by the Plaintiffs however, declined to grant the monetary damages.
The Court also awarded to the Plaintiffs the N200, 000, cost against the Defendants.
The Court further declared Chief Oliver Afamefuna Ollybest (Owella Agulu) and his Executive as the duly elected and accepted National Executive of Agulu People’s Union Nigeria.
The questions for determination were resolved in favour of the plaintiffs.
The Court in relying on the recent Court of Appeal case of Anambra State Government V Igbonwa held that section 26 of the fund for Rural Development Law is draconian, repugnant and in conflict with the plaintiffs’ right to fair Hearing, and as such the actions of the 1st And 2nd defendants in dissolving the elected executives of Agulu People’s Union and appointing the caretaker committee without Hearing the plaintiffs is unlawful.
The Court therefore declared Chief Oliver Afamefuna Ollybest, (Owelle Agulu) and his Executive as duly elected and accepted National Executive of Agulu People’s Union Nigeria.
The Court Further stopped anybody or group of people from parading themselves as caretaker committee in Agulu.
TheNigeriaLawyer recalls that controversies had earlier trailed the decision of the Anambra State Government, annulling the Union’s election that was held on 30th day of December, 2020.
Alexander Ejesime, SAN, served as the lawyer for the Plaintiffs.