Niger Delta
Tribunal Dismisses Case Against Bayelsa Speaker
After more than four months of sleepless night over Election matter against him pending before the Tribunal, the Bayelsa State House of Assembly Speaker, Mr Nestor Binabo can at least for now have a rest of mind.
This is because the Tribunal has dismissed the case for lack of merit.
Giving reasons for the dismissal, the Tribunal chaIrman. Justice Halima Mohammed, remarked that exhibit “B’’ (letter of termination of appointment) in which the applicant relied upon was not supported in evidence.
.The Speaker, Nestor Binabo was elected to represent Sagbama II Constituency on the platform of the Peoples Democratic Party in the last April general elections; and the Labour Party candidate,at the election, Barnabas Edure however objected to the victory by asking the tribunal to nullify the election alleging that the speaker falsified his records by presenting forged certificate to the Independent National Electoral Commission.
Edure argued that Binabo failed to disclose that his appointment in the civil service of the old Rivers state was terminated in the intent form he filled and submitted to INEC prior to the elections.
But in his judgment which lasted over two hours, the chairman of the Tribunal, Justice Mohammed, threw the objections of the petitioner over board saying that the petitioner has not prove his case beyond every reasonable doubt.
The Tribunal Chairman stressed that exhibit B which was a certified true copy of dismissal letter relied on by the petitioner to prove his case was insufficient and contained irregularities contrary to the provisions of the Evidence Act.
Justice Mohammed also ruled that failure to produce other documents to support the exhibit by the petitioner had raised doubts on its genuineness as the source was not sufficiently proven.
According to the Tribunal, there is “a disconnect from what was pleaded and what ought to be proved” adding that instead of using the word “dismissal”, the petitioner pleaded ‘’termination’’ of appointment.
“The wordings of Section 107(1) of the constitution speak of dismissal. We, therefore, found out that there is a disconnect from what was pleaded and what ought to be proved. It has been held that termination of appointment cannot be a ground for disqualification.’’
“We find, therefore, abinitio that the case by the petition cannot stand to the extent that they had pleaded termination of appointment which is not the wordings of Section 107(1) of the constitution.”
The Tribunal further held that: “The non-production of other documents surrounding exhibit B is another issue that raise doubt in the minds of the tribunal. All the documents pleaded in the petition were not tendered expect exhibit B. The original letter, that is, exhibit B was not dated, “We have noted similar irregularities in that particular document. The document is supposed to have been issued from the office of the civil service commission. If the court draws inference from the two stamps in the document, the stamps are not visible at all and the tribunal cannot strain itself in trying to know what is written in the document.”
The Chief Judge of Akwa Ibom State, Justice Ekaete Obot, has called for regular release of funds to the judiciary to ensure effective dispensation of justice.
Obot made the call recently while speaking at the opening of the 2024/2025 legal year in Uyo.
The Chief Judge said the judiciary in Akwa Ibom State had been grappling with debts arising from non-release of funds in 2023.
She said the judiciary required adequate funding to perform optimally, saying, “we need funds to maintain our facilities across the hierarchy of courts in the state”.
Obot further stated that the state judiciary was hugely under-staffed, and required more manpower.
“The last recruitment into the state judiciary was done in 2012. There is need to address the issue of shortage of staff in the system.
“Shortage of staff has made us to assign only one staff to cover duty schedules that are meant for two or three persons.
“Within the last two years, no fewer than 316 staff have retired from the state judiciary without replacement.
“When retirement goes on for many years without regular replacement, many skills and competences will be lost”, she said.
The Chief Judge decried the absence of basic educational facilities in correctional centres in state.
She suggested the establishment of adult education facilities within the correctional centres to support the education needs of inmates.
“Inmates require basic primary, secondary education and skills acquisition facilities to earn the needed reform”, she said.
In his remarks, the State Governoe, Umo Eno, assured the judiciary of the state government’s support and cooperation to enhance effective dispensation of justice.
Eno commended the Chief Judge and the judiciary in the state for their steadfastness and commitment to justice delivery.
The Tide’s source reports that a special court session was held during the event to signal the commencement of new legal year.
Delta State Commissioner for Works (Highways and Urban Roads), Comrade Reuben Izeze, has said the State Governor, Sheriff Oborevwori, was determined to deliver quality road projects to all Deltans across the State.
The Commissioner, who spoke recently during an inspection of projects in Warri South and Uvwie Local Government Areas of the state, said Governor Oborevwori was desirous to ensure that Deltans get value for every money spent on projects in the state.
The projects inspected include Central Hospital Road, Warri; Edo Guest House Road, Ekpan; Ogbetuo Avenue, Effurun; Rehabilitation and construction of Bright Hope Street with spurs to Okiemute Street, and Senator James Manager Street, Off Airport Road, Effurun, and Uti Road, Effurun.
Izeze, who paid unscheduled visits to the various project sites, expressed satisfaction with the quality of work done thus far by the various contractors, assuring that Governor Oborevwori’s promise to revamp Warri and environs was becoming a reality.
“I am very satisfied with the work being done at the places we have visited so far. As you can see, the visits were not scheduled, the contractors were not expecting us because I did not call any of them.
“We decided to take them unawares in the hope that probably some of them may have decided to go on vacation. Right from the Central Hospital where the drains are being extended to discharge water into the natural waterways for the road to be reasphalted.
“We are satisfied that the contractor was on site and working according to specifications as provided for in the Bills of Engineering Measurement (BEME).
“So also the contractor handling Ogbetuo Avenue, Effurun, when we got there even though they were not physically on site, we noticed that they have done the binder course waiting for the finishing course to be applied and I can certify that the quality of work done are good enough”, he said.
At Bright Hope Street with spurs to Okiemute Street and James Manager Street, the Commissioner said he visited to see the level and quality of work that has been done, especially considering the fact that the contractor was raising his final certificate.
“For me as a matter of principle and following the Governor’s directive, any job that requires certification, will need my physical presence to inspect and ensure that government is getting value for money spent.
“As Governor Oborevwori has promised Deltans, he intends to extract value for every money spent on every job that is done and he insists on quality supervision.
“As you all know, supervision and management is key to most of our projects because contractors are capitalists, if you leave them they will want to make the highest profit as possible. So we go back and certify that the job is satisfactory”, he noted.
At Uti Road, Effurun, the Commissioner, who met the contractor excavating the ground and sand filling with white sharp sand as provided in the BEME, took measurements of the depth and expressed satisfaction with the contractor for following specifications.
“As you can see, the contractor is on site and doing the job according to specification and we do hope that they speed up their pace so that as soon as the rains abate, they can get the road ready for inauguration.
“We are optimistic of its completion soonest so that all the residents and adjoining streets that this strategic road feeds will heave a sigh of relief.
“They will also appreciate the fact that Governor Oborevwori’s promise to give Warri and environs a facelift is now coming to reality right before their very eyes”.
On Edo Guest House Road, Ekpan, Izeze said, “the job has been completed and you can see the quality of work that has been done, the job has been completed.
“I am very elated that the residents are happy with the completion. All through the period we visited on inspection, the residents had always asked us to convey their appreciation to Governor Oborevwori because they had thought the road would never be completed.
“You can see how elated they were and that is the essence of governance. When you are able to put smile on the face of someone who does not need to have access to you to have development brought to their door step.
“I felt very fulfilled because the essence of governance is public service and when you service the public and they appreciate it, its quite exciting”.
By: Albert Ograka, Asaba
Bayelsa State Chapter of the All Progressives Congress (APC) has called on security operatives to investigate the state’s Commissioner for Power, Engr. Komuku Kharim over alleged terror attacks at the party’s secretariat in Yenagoa, the state capital.
Briefing newsmen shortly after a closed door meeting of the party’s State Executive Council, Chairman of the party, Barr. Dennis Otiotio, alleged that as a fallout of the recent suspension of some erring members of the party by their Wards and Local Government Areas, thugs believed to be loyal to the Commissioner launched mayhem and unwarranted attacks at the party’s State Secretariat.
Otiotio faulted the Commissioner, describing it as “political rascality taken too far”.
The Tide learnt that the Bayelsa State chapter of the APC recently suspended 10 of its members, including the Minister of State, Petroleum Resources (Oil), Senator Heineken Lokpobiri, over alleged anti-party activities.
Leadership of the party, which also bared its mind on the membership status of the suspended Minister and others, noted that the State Working Committee (SWC) was planning a possible review or ratification of the suspension within timelines, saying as party faithful, it was expedient that all members work together for the progress and unity of the party in accordance with the renewed hope mantra of President, Bola Ahmed Tinubu.
“We call on the Nigerian Police and other security formations to institute an investigation on the Bayelsa State Commissioner of Power, Engr. Komuku Kharim, and call him and his thugs to order.
“This morning, Monday 14th October, 2024, thugs and other hoodlums believed to be loyal to him stormed the APC State Secretariat in their numbers with the intent to maim party faithful and cause unwarranted destruction.
“The recent suspension of some erring members of the party, including the Honourable Minister of State, Petroleum Resources (oil), and others wasn’t carried out by the party’s State Executive Council, but by the wards and LGAs chapters of the suspended members.
“As a party, we’ve conducted ourselves within the ambits of the law. The APC is a party that believes in the rule of law and order. It’s on record that the said Commissioner until his recent appointment by the Governor Douye Diri’s administration has been allegedly enmeshed in several anti-party activities.’’
“Rather than direct his grievances to the appropriate party authorities and other available dispute resolution mechanisms within the party, Engr. Komuku instead chose to unleash mayhem on the party’s secretariat and members”, the APC said.
In the same vein, the lawmaker representing Southern-Ijaw constituency 4 in the State House of Assembly, Hon. Victor-Ben Selekaye, has charge the party’s faithfuls and the general public to discountenance rumours that the present State Working Committee of the party has been sacked by the court.
He said it became necessary to correct the erroneous believe as, according to him, that matter has been resolved by organs of the party at all levels, noting that the party was looking forward to an expanded state working committee meeting were all stakeholders will be in attendance to resolve all perceived grievances and other pending issues.
By: Ariwera Ibibo-Howells, Yenagoa