Former Deputy Governor of Enugu State, Mr. Sunday Onyebuchi, has instituted a legal action before an Enugu State High Court asking it to declare his removal from office by the Enugu State House of Assembly as illegal, null and void.
Other lawyers appearing for Onyebuchi in the matter are Chief Ogochukwu Onyekwuluje, Chief Chris Aghanwa, Osinachi Nwoye, and C.K. Ogbonnaya Esq.
The Speaker of the State Assembly, Eugene Odoh, 23 lawmakers, the Enugu State House of Assembly, and the new Deputy Governor, Pastor Ifeanyi Nwoye were listed as defendants.
In the originating summons, Onyebuchi contends that having regard to the clear provisions of Section 188(2) and Section 188 (11) of the 1999 Constitution of the Federation (as amended) and the momentous decision of the Apex Court of the land in INAKOJU AND ORS VS ADELEKE AND ORS (2007) 4 NWLR ( Pt. 1025) 423, his purported impeachment was illegal, null and void.
Questions for determination in the suit are: “Whether the Enugu State House of Assembly could initiate removal or impeachment proceedings against His Excellency Sunday Onyebuchi, the Deputy Governor of Enugu State for the purposes of removing him from office when he had not committed a gross misconduct in the performance of the functions of his office as Deputy Governor of Enugu State.
“Whether the allegations contained in the “NOTICE OF ALLEGATION OF GROSS MISCONDUCT IN THE PERFORMANCE OF THE FUNCTIONS OF THE OFFICE OF THE DEPUTY GOVERNOR OF ENUGU STATE RE: SUNDAY ONYEBUCHI” dated 22 July, 2014 by the House of Assembly to wit: (a) Abuse of office in that he flouted the resolution of the House of Assembly which prohibited maintenance and operation of commercial livestock and poultry farm within residential neighborhoods in Enugu, by maintaining and operating commercial farm in his official quarters and (b) that he refused to represent the governor of the state when directed, (i) at the flag off ceremony of the construction of the 2nd Niger bridge in Onitsha by the President and Commander-in-Chief of the armed forces His Excellency President Goodluck Ebele Jonathan on the 11th day of March, 2014 and (ii) At the South East Governors forum held at the Lion Building Enugu on 6th day of July 2014, constitute “GROSS MISCONDUCT” in the performance of the functions of his office as Deputy Governor of Enugu State thereby enabling the Enugu State House of Assembly to invoke its powers under Section 188 (1-9) of the Constitution to initiate removal or impeachment proceedings against His Excellency, Sunday Onyebuchi, the Deputy Governor of Enugu State.