Owerri Senate: Mbata In Trouble, Heads To Court To Set Aside IMSU White Paper That Indicted Him

Imo Govt accused of connivance

Prince Alex Mbata, the Ngwoma Obube, Owerri North Local Government Area born business mogul who recently, in a controversial manner clinched the Owerri zone senatorial ticket of All Progressive Congress APC despite being indicted by Imo State Government White Paper that emanated from the report of the Visitation Panel on the activities of Imo State University (IMSU) between 2012 and 2019, has approached an Owerri High Court to set aside the White Paper, its contents and provisions to enable him actualize his ambition.

Despite claims and denials by Prince Alex Mbata and his PAM Foundation that he had not been indicted by any panel or White Paper, Mbata,the C.E.O of ABM Global on Friday May 27, 2022 filed a Motion accompanied with a 13-paragraph affidavit, claiming that the panel did not invite him for questioning.

Prince Mbata, as the Applicant and the Imo state Government, Attorney General and Commissioner for Justice as Respondents in Suit No: HOW/554/2022 instituted on his behalf by his counsel, A. Obichere and Co, Chigozirim Chambers of No8 Oyima Street, Owerri, captioned, “Motion brought pursuant to order 44 rule (4), order 40 rules 3(2) & 3(6) (a) of the High Court (Civil Procedure) rules of Imo State 2017 and under the inherent Jurisdiction of this Court”, is asking the hononarble court for, “An Order of the Honorable court for the extension of time within which the Applicant may seek leave to apply for an Order of Judicial Review by way of certiorari to remove into this Honorable Court for the purpose of being quashed the Imo State Government White Paper on the Reports of the Visitation Panel on Imo State University (2012-2019) dated 28th July 2020 and touching on the Applicant.”

“An Order granting leave to the Applicant to apply for an Order of certiorari to remove into the this Honorable Court for the purpose of being quashed the Imo State Government White Paper on the Reports of the Visitation Panel on Imo State University (2012-2019) dated 28th July 2020; purporting to indict the Applicant as the person that.

“An Order granting leave to the Applicant to apply for an Order of certiorari to remove into the this Honorable Court for the purpose of being quashed the Imo State Government White Paper on the Reports of the Visitation Panel on Imo State University (2012-2019) dated 28th July 2020; purporting to indict the Applicant as the person that.

“An Order directing that the leave so granted shall OPERATE as stay of all actions including the execution of any aspect of the said White Paper and/or steps and proceedings touching and/or concerning the said White Paper under reference and dated 28th July 2020.

AND for such further Orders as the Honourable Court may deem fit to make in the circumstance.”

However, a human rights group known as Every Child Education Advancement Foundation, ECEAF reputed for its unwavering advocacy for quality and accessible education and inherent opportunities in Nigeria had, in recent report raised alarm over alleged plot by the Hope Uzodinma-led Imo state government to set aside the Government White Paper on Imo State University to pave way for Prince Alex Mbata who according to them, should be disqualified from contesting election on the basis of the damning allegations against him in the said White Paper by virtue of his position as Pro Chancellor of the university within the period under reference.

Some legal pundits who spoke on condition of anonymity posited that for Prince Mbata to have belatedly gone to court to set aside the White Paper after claiming in the forms he filed prior to the primaries and his eventual emergence as APC Snatorial candidate for Owerri zones negates the entire process owing to the fact that the 3 months as provided by law to quash or set-aside government action has elapsed as such, it is abuse of court process to apply at this time to have it set aside.

According to them, “Mbata ought to have gone to court within 3 months the whitepaper was released”.

ECEAF in a release signed by its Director of Publicity, Dominic Nwankwo said, their “attention had been drawn to a clandenstine move by the state government to set aside the state government White paper on IMSU, in favour of Prince Alex Mbata who was overwhelmingly indicted by the report.

The group cautioned against such reprehensible move which according to it will portray the state government as being corruption friendly, thereby encouraging and emboldening others of like mind to keep feasting on the funds that should be chanelled towards ameliorating the pitiable plight of IMSU students. They attributed the deplorable state of infrastructure at the institution to the failure of past administrations to judiciously deploy and manage funds made available by TETFUND for the execution of projects.

The group further said, “said, it will stop at nothing to see to the implementation of the White Paper.

It said, it is uncharitable for government to set aside its own White Paper simply because it is desperate to field someone as a senatorial candidate, adding that such move will be fruitless owing to the fact that at the time Mbata was screened by the APC to stand in for primary, the White Paper was still valid and subsisting.

Continuing, the Group said,” We are aware that APC nomination form specifically asked under oath if an aspirant is convicted or indicted by government panel. So, if Mbata answered in the negative, he is automatically disqualified going by the electoral Act and other extant laws of the land. Therefore, it is too late for government to institute any suit seeking to set aside the Whitepaper since it is already a public document.

“If the government succeeds, it means that one day it might as well set aside the whitepaper on illegal acquisition of lands by Okorocha led government and its cohorts”.

It would be recalled that the group had earlier in a petition dated May 5, 2022 addressed to the Imo APC screening committee by their lawyer N.O Chukwuezi and Co. of No. 100 Okigwe Road, Owerri threatened to seek legal redress if Prince Alex Mbata clinched the Owerri zone senatorial ticket.

Mbata by the recently published White Paper on Imo State University stated that, “We are solicitors to the Incorporated Trustees of Every Child Education and Advancement Foundation (ECEAF) of No. 47 Okigwe Road, Owerri, Imo State who we shall hereinafter refer to as “our clients” and on whose mandate and instructions we write you this letter. Our instruction shows that Prince Alex Mbata was the Pro-Chancellor of Imo State University sometime ago under the administration of former Governor Rochas Okorocha.”

At the end of his tenure as Pro-Chancellor, a Visitation Panel was set up to investigate the affairs of the University under him as the then Chairman of the University’s Governing Council. After the conclusion of the Panel’s work, Imo State Government accepted its Report and published same on its White Paper of 28th July, 2020. In the said White Paper, Prince Alex Mbata was indicted for:

“Unilaterally changing and replacing the consultants for the University’s TETFUND projects from Three-Dimensions (3-D) to Mayfair Projects Ltd., Abuja without approval and contrary to laid-down procedures by TETFUND, and which change of consultants impeded the project evaluation for earned certificates.