South East
Tribunal Strikes Out Akunyili’s Case For Lack Of Jurisdiction
The Election Petitions Tribunal sitting in Awka last Tuesday struck out Action Congress of Nigeria the petition filed by Prof. Dora Akunyili of All Progressive Grand Alliance (APGA) against the election of Dr Chris Ngige of ACN, for lack of jurisdiction.
Akunyili’s petition, filed on May 17, 2011, had challenged the result of April 2011 poll in which Ngige was declared winner of Anambra Central Senatorial seat.
Tuesday’s decision of the tribunal was sequel to the February 14 and February 17 judgments of the Supreme Court on the issue of 180 days within which election petitions could be heard.
When the matter was called up, counsel to Ngige, Mr Emeka Ngige, urged the court to strike out the case in line with the Supreme Court’s decision.
“The Supreme Court has made it clear that 180 days for the hearing and determination of petition under Section 285 (6) of the 1999 Constitution cannot be extended even where it is remitted for retrial.
“This brings to fore the provision of the Section 287 (1) of the 1999 Constitution which states that the decision of the Supreme Court shall be enforced by all authorities as well as courts with subordinate jurisdiction.
“We will not encourage this court to run foul of that decision.”
While associating himself with the submissions of Ngige, counsel to INEC, Mr Ositadinma Nnadi said that “where a court lacked jurisdiction, the proper order will be to strike out such petition.”
Nnadi urged the tribunal to “do the needful as a debt owed to justice.”
However, counsel to Akunyili, Mr Obiora Obianwu opposed the application, noting that the decision of the Supreme Court did not apply in the present case.
Obianwu recalled that the tribunal and the Court of Appeal, Enugu, had earlier dismissed a similar application on 180 days, saying that Section 246 (3) of the 1999 Constitution made such decisions final.
“The matter did not go on appeal to Supreme Court. The decision of the Supreme Court does not apply also because it came subsequent to the final decision of the Court of Appeal in exercise of its constitutional powers.
“This case must be dealt with on its own peculiarity. At best, the decision of the tribunal and the Appeal Court can be said to have been reached per incuriam.”
In its ruling, the tribunal, led by Justice Onajite Kuejubola, held that the issue of 180 days had finally been laid to rest by the recent decision of the Supreme Court.
“We have taken a careful study of the Supreme Court’s decision and there is no doubt that it had been finally settled. The judgment is clear and we are duty bound to hold in that direction.”
He further held that previous proceedings from the date the petition was returned from the Appeal Court was a nullity, noting that other pending petitions before it were also affected.
It would be recall that the petitioner had concluded her case while Ngige was to open his before the Supreme Court’s judgment was delivered.
The police in Ebonyi State say they have discovered the body of a yet to be identified middle-aged woman in a hotel room in Abakaliki, the state capital. The spokesperson of the police in the state, Loveth Odah, stated this yesterday.
She said the body has deep cuts on the chest and neck and has been deposited in a mortuary. According to the spokesman, it was discovered at Crown Garden Hotel located along the ever-busy Afikpo road in the capital city.
Mrs Odah, who said that the victim was found in the pool of her own blood, said the suspect had been identified as one Uchenna Awoke.
She said the hotel manager, Emmanuel Eze, the supervisor, and other workers had been taken to the police station for questioning and accused the hotel management of negligence.
“The manager of the hotel, the supervisor and other staff of the hotel were taken to the station for questioning and I must confess to you that the whole thing is negligence on the part of the hotel management. How can a guest be murdered in a hotel room and days after, the management is not aware of the incident.”
“We will investigate the matter properly and I assure you, the perpetrator of the act must be arrested and prosecuted. All we are asking is for the members of the public to avail the police of useful information that will lead to the arrest of the suspect.”
The Senate yesterday passed the South East Development Commission (Establishment) Bill 2018.
The proposed commission aims at enhancing the infrastructural development of the South East zone, which is grappling with huge ecological challenges.
It also seeks to act as a catalyst for the development of the commercial potential of the zone.
The proposed legislation requires the concurrence of the House of Representatives to become a bill of the National Assembly, and the President’s assent to become a law.
Senators Stella Oduah (PDP-Anambra) and Samuel Anyanwu (PDP-Imo) jointly sponsored the bill read in the Senate on June 22, 2016.
Its passage in the Red Chamber followed the presentation of the report of the Committee on Establishment and Public Service by its former Chairman, Senator Emmanuel Paulker (PDP-Bayelsa), on the floor of the Senate.
The bill, after Paulker’s presentation, was considered clause by clause by the committee of the whole, and amendments made by the lawmakers were read for the third time and eventually passed.
In his remarks, presiding Deputy President of the Senate, Ike Ekweremadu, commended his colleagues for a job well done.
In his words, “Every morning we pray that God should give us the grace to do only those things that will promote the peace and unity of this country.
“I believe that we have shown today that we are committed to the unity of this country, and it is this unity that will give us faith in this country.
“This faith will in turn help us to pursue peace and progress,” he said.
Briefing newsmen after plenary, members the South East caucus of the Senate, led by Sen. Enhinnaya Abaribe (PDP-Abia), thanked their colleagues and members of the committee for their efforts.
Abaribe, who spoke on behalf of the caucus, urged the President to sign the bill into law “as soon as we tidy it up and bring to him, in the interest of the unity and progress of Nigeria”.
“This will put to rest the long-drawn agitation in the South East, and the difficulties in the rehabilitation and reconciliation efforts that started at the end of the civil war.
“All things we see always will end up at the negotiating table, which is what we have done,” he said.
The lawmaker said he hoped the House of Representatives would give concurrence to the bill as it went in the Senate.
When established, the South East Development Commission would be the third zonal interventionist body in the country.
Bishop David Oyedepo, the Founder and Presideng Bishop, Living Faith Church Worldwide, on Saturday predicted that nothing would disturb the peace of Nigeria and its story would change for the better in the year 2019.
Oyedepo made the declaration at the just concluded annual prophetic gathering of the Winners’ family, christened the “Dominion”, in a satellite telecast of the church.
In the telecast monitored in Abuja, the cleric also declared that 2019 would be a year of “I have Dominion”.
“Nothing will tamper with the peace of Nigeria; the story will change for the better in the name of Jesus.
“Nigeria shall not see bloodshed, the Prince of Peace will continue to dominate in Nigeria, in Africa and Nigeria is declared blessed.
“Anywhere you step, accident is forbidden; death will not come near you and our nation.
“Anything that is of grace in my life, I freely release upon you today.
“God has opened the year 2019 to us, celebrate Him because its our year of “I have Dominion,” he said.
The Bishop added that the year 2019 would be a year of humbling testimonies for Nigeria and pace-setting testimonies.
He further declared that 2019 would be a colourful year for the nation.
According to the cleric, as long as Jesus has the final say on the issues of Nigeria, it will experience greatness.
Oyedepo said that there would be no more cause of alarm in any area of the nation and its citizens.
He advised Christians in Nigeria to delight themselves in the spirit of servant-hood, adding that the spirit of Christ is the spirit of servant-hood.
“The Spirit of Christ is the spirit of servant-hood. As you keep rising on the ladder of leadership, you must retain our spirit of servant-hood, constantly working to add value to others and be kingdom minded,” he said.
According to him, dedication is at the root of dominion, saying: “Sow yourself as a seed by being totally dedicated to God and His Kingdom’’.
He told his congregation that sacrificial giving guarantees the meeting of all their needs.
“When you engage in taking care of the well-being of others, God is also committed to your well-being,” he explained. The cleric admonished Christians would engage in meeting the needs of the needy, every barrier on their path of destiny would be crushed.
“Nobody tampers with your life, your career, your family and goes away with it because you are promoted to God’s kingdom.
“God will stand for your defence in the day of trouble. Every sacrificial giver has a defence around him in the day of trouble always have that in mind,” he said.
He reminded his congregation that the Church is not a building; the Church is a people and the Redeemed of the Lord.
