The decision of the Governor of Imo State, Hope Uzodinma to appoint himself as the Commissioner for Lands, Survey and Physical Planning, is presently raising dust as an Owerri based lawyer, Collins Iwuorie Esq, has initiated legal action, questioning the constitutional imperative of the Governor’s decision which according to him violates relevant sections of the 1999 constitution of the Federal Republic of Nigeria, as amended.
Barr Iwuorie, in Suit No How/587/2024, which he filed against the Governor of Imo State and others on June, 5, 2024, by way of originating summons raised the following issues for the court to determine.
“Whether Governor Hope Uzodimma’s action of appointing himself as Commissioner for Lands, Survey and Physical Planning, Imo State, is not in violation of Sections 183, 192 (2) and 193 of the Constitution of the Federal Republic of Nigeria, 1999 as amended;
Whether a person can be validly appointed a Commissioner of the Government of a State if his nomination is not forwarded to, and received by the State’s House of Assembly, for purposes of confirmation;
Whether His Excellency Distinguished Senator Hope Uzodimma, being the Governor of Imo State can, during the period when he holds office as Governor, hold any other executive office; and
Whether the Governor of Imo State will not be restrained from parading himself or holding the office of the Commissioner for Lands, Survey and Physical Planning of Imo State.
Among other declaratory reliefs, the plaintiff seeks an order of the honourable court nullifying Governor Hope Uzodimma’s appointment of himself as Commissioner for Lands, Survey and Physical Planning, for being invalid, null and void, contrary to section 183 and 192 (2) and (5) of the Constitution of the Federal Republic of Nigeria 1999, as amended.
For the avoidance of doubt, section 183 provides: “The Governor shall not, during the period when he holds office, hold any other executive office in any capacity whatsoever.”
Also, the referenced section 192 (2) provides: “Any appointment to the office of Commissioner of the Government of a State shall be made by the Governor of the State”.
