Court Nullifies Dissolution Of Imo Universal Education Board, Declares Prof. Iheduru’s Led Administration Subsists

The Presiding Judge, Owerri Judicial division of the National
Industrial Court, His Lordship, Hon. Justice Ibrahim Galadima has
nullified the purported removal of Prof. Obioma Iheduru, Barr.
Kingsley Nzemechi and 4 others from Imo State Universal Basic
Education Board, declared that their membership of the Board still
subsists.

The Court ordered Imo State Government, its Attorney and Imo
State Universal Basic Education Board to pay or continue to pay
Prof. Iheduru and 5 others their salaries and/or allowances;
emoluments, and/or entitlements attached to their membership of the
Imo State Universal Basic Education Board until the expiration of
their tenure in December 2023.

Justice Galadima held that Imo State Governor cannot remove them
from office without complying with the State Universal Basic
Education Law and other extant laws.

From facts, the claimants- Prof. Obioma Iheduru and 5 others had
submitted that they were sworn-in as members of the Imo State
Universal Basic Education Board for a tenure of 4 years that their
purported removal from office was done without due process and not
in tune with the law.

In defense, the defendant- deposed that Prof. Iheduru and 5
others were removed by the governor for their inability to carry
out the functions of their respective offices upon their assumption
of office, objected that the court lacked the jurisdiction to hear
and determine the suit on the ground that the action was commenced
by a wrong process, urged the court to dismiss the case in its
entirety.

In opposition, claimant counsel, L.A. NJEMANZE Esq. submitted
that there was no time his clients were issued with any query for
failing to discharge their duties that they were purportedly
removed from office by virtue of the letter of the governor through
the Secretary to the State Government which purportedly dissolved
the education board, urged the court to grant all the reliefs
sought in the interest of justice.

Delivering judgment, the presiding judge, Justice Ibrahim
Galadima dismissed the objection canvassed by the governor and 5
others for being unmeritorious and held that the Imo State governor
cannot put the education board into extinction, as any such attempt
to dissolve the board is ultra vires, null and void, and until
otherwise provided in a law validly in force in the State.

Justice Galadima further held that Prof. Iheduru and 5 others
were legitimately appointed by the State Government in 2019 and
subsequently sworn-in based on uncontroverted evidence before the
court that the defense relied upon by the government is utterly
weak and incapable of outweighing the applicants’ evidence.

The Presiding Judge, Owerri Judicial division of the National
Industrial Court, His Lordship, Hon. Justice Ibrahim Galadima has
nullified the purported removal of Prof. Obioma Iheduru, Barr.
Kingsley Nzemechi and 4 others from Imo State Universal Basic
Education Board, declared that their membership of the Board still
subsists.

The Court ordered Imo State Government, its Attorney and Imo
State Universal Basic Education Board to pay or continue to pay
Prof. Iheduru and 5 others their salaries and/or allowances;
emoluments, and/or entitlements attached to their membership of the
Imo State Universal Basic Education Board until the expiration of
their tenure in December 2023.

Justice Galadima held that Imo State Governor cannot remove them
from office without complying with the State Universal Basic
Education Law and other extant laws.

From facts, the claimants- Prof. Obioma Iheduru and 5 others had
submitted that they were sworn-in as members of the Imo State
Universal Basic Education Board for a tenure of 4 years that their
purported removal from office was done without due process and not
in tune with the law.

In defense, the defendant- deposed that Prof. Iheduru and 5
others were removed by the governor for their inability to carry
out the functions of their respective offices upon their assumption
of office, objected that the court lacked the jurisdiction to hear
and determine the suit on the ground that the action was commenced
by a wrong process, urged the court to dismiss the case in its
entirety.

In opposition, claimant counsel, L.A. NJEMANZE Esq. submitted
that there was no time his clients were issued with any query for
failing to discharge their duties that they were purportedly
removed from office by virtue of the letter of the governor through
the Secretary to the State Government which purportedly dissolved
the education board, urged the court to grant all the reliefs
sought in the interest of justice.

Delivering judgment, the presiding judge, Justice Ibrahim
Galadima dismissed the objection canvassed by the governor and 5
others for being unmeritorious and held that the Imo State governor
cannot put the education board into extinction, as any such attempt
to dissolve the board is ultra vires, null and void, and until
otherwise provided in a law validly in force in the State.

Justice Galadima further held that Prof. Iheduru and 5 others
were legitimately appointed by the State Government in 2019 and
subsequently sworn-in based on uncontroverted evidence before the
court that the defense relied upon by the government is utterly
weak and incapable of outweighing the applicants’ evidence.