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2019: APC Won’t Field Candidates In Rivers … Disqualifies Tonye Cole, Others … As S’Court Fixes March 8 For Judgement -Appeal Court
The Court of Appeal, Port Harcourt Division yesterday confirmed that the All Progressives Congress (APC) in Rivers State will not field any candidates during the 2019 general elections when it dismissed the appeal filed by the factional Rivers State APC governorship candidate, Mr Tonye Cole.
The Court of Appeal, also confirmed the judgement of Justice Chinwendu Nwogu that Rivers State has no ward executives, local government executives and State Executives as it dismissed the appeal filed by sacked Rivers State APC Chairman, Mr Ojukaye Flag Amachree.
The Court of Appeal, Port Harcourt Division’s Special Panel chaired by Justice Abubakar Yahaya dismissed the two appeals for lack of merit.
The third appeal which centred on the judgement by Justice Chinwendu Nwogu was dismissed because it was filed out of time and therefore statute barred.
Delivering his judgement Justice Yahaya,said the appeal, against the Justice Chinwendu Nwogu High Court judgement on the party congress crisis lacks merit, adding that the application for joinder failed to observe the 14 day rules of Appeal.
While delivering judgement on the substantive appeal number CA/PH/198 that bordered on Justice Nwogu’s judgement, the panel ruled that the Ojukaye faction failed to seek leave of court before appealing against the judgement.
Justice Yahaya ruled that the judgement delivered at the lower court was a consent judgement, adding that Ojukaye faction should have done the needful legally before approaching the court.
Counsel to Ibrahim Umar and 22 others, Mr Patrick Luke said that the rulings of the Court of Appeal confirm that the judgement by Justice Chinwendu Nwogu remains valid and is still subsisting.
Counsel to Ojukaye Flag Amachree, Emenike Ebete noted that the court heard the three matters and in her wisdom arrived at the rulings confirming the judgment of Justice Chinwendu Nwogu.
He said: “Arguments were taken but the court in its infinite wisdom held that in appeal 461, that is the substantive appeal, that the consent judgement of the High Court of Rivers State and by provision of the constitution, we ought to have sought leave of court to appeal against that consent judgement. That is their own decision and they struck it out.
“The one for the candidates and the party state excos, we were dismissed on the ground that it was a pre-election matter, that we did not bring the application within 14 days after decision was delivered on October 10. what that means is that, we will approach the Supreme court to contest the judgment “.
It would be recalled that on October 10, 2018, a High Court in Port Harcourt nullified the nomination of Mr Tonye Cole as the governorship candidate of the All Progressives Congress (APC) in Rivers State on the ground that his nomination is a function of illegality and unconstitutional acts.
The court also nullified the the Rivers State APC Senatorial, House of Representatives and House of Assembly Primaries conducted on the premise of the illegal ward congresses.
The High Court further nullified all the elections of Rivers APC Ward Executives, Local Government Executives and State Executive Committee that arose from the illegal ward congresses.
In a judgment delivered by Justice Chiwendu Nwogu in a suit filed by Ibrahim Imah and twenty-two others against the APC, the Court declared that the ward congresses of Rivers APC were illegal because they were not conducted in line with the APC Guidelines and Constitution.
Meanwhile, the Supreme Court, yesterday, slated March 8 to determine the legality or otherwise of primary elections the All Progressives Congress, APC, conducted in Rivers State for the purpose of nominating its candidates for the 2019 polls.
A five-man panel of Justices of the Apex Court led by Justice Musa Dattijjo, adjourned the matter for judgement on a day that APC begged the court to dismiss the appeal challenging the process that led to the emergence of Mr Tonye Cole as its gubernatorial flag-bearer in Rivers State. President Buhari with L-R: Minister of Labour Chris Ngige, Rivers state Governor Nyesom Wike, Minister of State Aviation Hadi Sirika and Rivers APC Gubernatorial Candidate Mr Tonye Cole as he commissions Port Harcourt International Airport Terminal Building in Rivers State on 25th Oct 2018
The appeal marked SC/1070/2018, was lodged before the court by twenty-two chieftains of the party led by one Abdulahi Umar.
While adopting their brief of argument, the appellants, through their lawyer, Mr. Henry Bello, urged the Supreme Court to re-affirm the ruling it delivered on October 22, and nullify outcomes of the primary election that produced Cole and other candidates in the faction of the party that is loyal to the Minister of Transportation, Mr. Rotimi Amaechi.
The appellants equally urged the apex court to dismiss a pending appeal marked CA/PH/198/2015, which the said faction lodged before the Port Harcourt Division of the Court of Appeal.
However, APC’s lawyer, Dr. Kayode Olatoke, SAN, prayed the Supreme Court to dismiss the case and uphold the list of candidates that were okayed by leadership of the party. It will be recalled that the apex court had on October 22, nullified an interim order of the Court of Appeal in Port Harcourt, which gave APC the nod to conduct its Ward, Local Government and State Congresses in Rivers State.
In a ruling that was delivered by Justice Centus Nweze, the Supreme Court, faulted the appellate court for halting the execution of a Rivers State High Court order that barred APC from going ahead with its planned congress, pending the determination of a suit that was entered by Umar and the 22 others.
It noted that the high court had on the basis of the said suit, issued injunctive reliefs that expressesly forbade the APC from conducting congress in the state.
According to the Supreme Court, Justice Chiwendu Nwogu of the high court gave the interim order of injunction on May 11, the same day that some hoodlums loyal to a faction of the party, besieged the high court premises in Port Harcourt.
It observed that despite the attack and the restraining order from the high court, which was further reaffirmed on May 13, the APC which was a Respondent in the matter, went ahead and conducted its Ward, Local Government and State congresses on May 19, 20 and 21.
The apex court said it was baffled that the APC, “in the most impundent manner”, ran to the Court of Appeal to apply for stay of proceeding and execution of the high court order with respect to the suit marked PHC/78/2018.
It further observed that though the appellate court declined to stay proceedings of the high court, it however stayed the execution of the May 11 order by Justice Nwogu. Dissatisfied with the decision, Umar and his group that dragged APC to court over their alleged exclusion from the primaries, filed an appeal at the Supreme Court.
They argued that the appellate court engaged in judicial rascality by refusing to abide by Supreme Court decisions on the issue of stay of execution of valid court orders.
The appellants told the apex court that the appellate court violated the principle of stare-decisis (judicial precedents) and accorded favourable ruling to the APC, even when it was “in grave disobedience to two orders of the lower court”.
Eviction: Court grants interlocutary injunction in favour of SHIN While acceding to the Appellants’ prayer, the Supreme Court held that the appellate court should not to have vacated the injunctive order the Rivers state high court issued against the APC on the conduct of its congresses.
Justice Nweze held that the action of the appellate court amounted to “sacrilegious exercise of judicial discretion”, saying it committed “gross insurbodination”, by refusing to abide by precedents already set by the Supreme Court.
He said the appellate court was wrong when it judicially indulged the APC, even in the face of abundant evidence that the Party was in contempt of subsisting court orders. “It is a very serious matter for any one to flout a positive order of a court and still approach the court for remedy.
“It is unfortunate and wrongful for the Court of Appeal to have entertained a party in contempt of a valid court order to the extent of granting judicial favour by way of staying of execution of an injunctive order when the party at the center of the dispute was in gross contempt of court”, Justice Nweze held. Stressing that the Respondent acted “in the most impundent manner”, the Supreme Court held:
“The simple truth therefore is that when the Respondent applied for stay of execution, it was in gross abuse of a court order”. The Rivers State High Court had in a ruling on May 30, nullified the Ward, Local Government and State congresses of the APC held on May 19, 20 and 21 respectively.
Justice Chiwendu Nwogu maintained that the process that led to the emergence of Ojukaye Flag-Amachree as Rivers Chairman of APC, was fraudulent. He ordered the party to return to the status quo of May 11, pending the determination of the substantive suit. Subsequently, the court, on October 10, voided the nomination of Mr Cole as the gubernatorial flag-bearer of the APC in the state.
Justice Nwogu declared that Ward congresses of APC in Rivers State were illegal, sayin they were not conducted in line with the Party’s guidelines and constitution.
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DEPLOY YOUR CAPACITY, TECHNICAL KNOWHOW TO REVITALISE SONGHAI FARMS, FUBARA TELLS TASK FORCE
Rivers State Governor, Sir Siminalayi Fubara, has said that diversifying the economy of the State has become inevitable because of the need to solve the problem of food shortages while also providing jobs for the teeming unemployed youths.
These, he said, are the reasons why great care has been taken to critically look at the prospects of revitalising the Songhai Integrated Farms, which is located in Bunu Tai, in Tai Local Government Area of the State.
Governor Fubara insisted that if the problem associated with food shortages is tackled with good intent and purpose, about 40 to 50 percent of current problems of economic hardship plaguing the country and its people would have been solved.
Governor Fubara made the assertion while inaugurating the Chairman, Mr Biedima Oliver, and members of the task force saddled with the responsibility of supervising the revitalization of Songhai Integrated Farms by its partners: Vitalcrop Ventures Limited and Imagine Adama Limited, at Government House in Port Harcourt, yesterday.
Other members of the task force included, the Rivers State Commissioner for Agriculture, Engr Victor Kii; Commissioner for Finance, Barrister Emmanuel Frank-Fubara; Dr Ayebaesin Beredugo; and Mr Maurice Ogolo.
The Governor explained that it took him time to approve the constitution of the task force being inaugurated because of the ugly experience with the previous group that shown such interest.
Governor Fubara stated that a process was initiated and driven halfway into the handing over of Songhai Farms on concession to an interested partner who latter showed a total lack of the needed capacity to undertake such task.
He said, “As a matter of fact, if few of you could remember, we even conceded the place to an investor who came in after he had made his presentation, and we, believing that he has the capacity, we said okay to him, and we had already signed up.
“But something happened. He came back to tell us that he wanted us to give him a N5billion bank guarantee. We then asked him, why? If we have the N5billion, why do we need you to come and even revitalize Songhai Farms? We would have put that N5billion there ourselves. For that reason, we cancelled that arrangement.”
Governor Fubara said now that two separate companies have come together to indicate interest and given the assurance of having the needed capacity to drive the process, he is delighted to see them meeting that expectation.
Governor Fubara pointed to the expectation of the people who want to see the Songhai Farms back on stream on a sustainable basis.
That expectation, he insisted, is also what his administration wants to see actualised within its lifespan.
He noted, “We want to see food sufficiency, because we know when Songhai Farms comes on board, there will be food, which is one of the problems we are having in this country. If we are able to tackle the issue of food, 40 to 50 percent of our problem will be solved.”
Governor Fubara also stated that although he believes in the presentation made by the group and has taken their assurance to heart, but warned that he would not tolerate a repeat of what happened before.
The Governor said, “I hope your story will not be (end) halfway too. I hope you have the capacity and all the technical knowhow to handle it. It is not when we start now, after we had finished inaugurating the task force, you will come back to tell us that you need $2million. If we have $2million, we won’t need you. We will invest it by ourselves.”
Governor Fubara, however, praised the capacity of the Chairman of the task force, Biedima Oliver, saying that incidentally, he was one of the personnel that convinced the then administration to develop the Songhai Farms, and had worked with the Rivers State Sustainable Development Agency (RSSDA) to manage the project.
He said, “He knows and understands the workings of Songhai, and now that we are making you the chairman of the task force, we want to believe that you will make that place come back to life.
“I don’t have any doubt in your capacity. A few things you’ve touched, you turned them to gold. Please, bring it back to what we used to see in Songhai. Bring it back with the help of your committee.”
Governor Fubara assured that his administration will remain committed to providing all the necessary support that they may require to make their assignment a success.
He added, “So, I hereby inaugurate you. Your task is very simple: Do everything within your powers and with our support to make sure that Songhai becomes operational to the benefit, not just the people of Tai, but to the entire Rivers State and Nigeria as a whole”.
In his acceptance speech, the Chairman of the Task Force to Supervise the Revitalization of Songhai Farms with Vitalcrop Ventures Limited and Imagine Adama Limited, Mr. Biedima Oliver, expressed appreciation to Governor Fubara for the opportunity and confidence reposed in them to revive Songhai Farms.
Mr. Oliver assured that they will deliver the expected goal on Songhai Farms, and doing so on time and on target so that the good people of Rivers State can eventually be happy and also benefit from the huge investment.
Rivers State Governor, Sir Siminalayi Fubara, has declared that all the policies and programmes of his administration are tailored towards the protection of interest of Rivers people, especially the youths.
This, he said, is borne out of the importance his administration attaches to youths’ development and empowerment as leaders of tomorrow.
Fubara, according to a statement by his Chief Press Secretary, Nelson Chukwudi, disclosed this when he received the youths of Emohua Local Government Area under the auspices of “Emohua Youths For SIM” on solidarity visit to Government House, Port Harcourt, last Friday.
He said that his administration has put in place modalities that will boost the livelihoods and well-being of Rivers citizens, which youths of Emohua will also benefit when they materialise.
The governor, who spoke through the Rivers State Head of Service, Dr. George Nwaeke, pointed out that the recently awarded Elele-Omudiaga-Egbeda-Ubimini-Ikiri-Omoku Road, the ongoing Emohua-Kalabari Road, reinstatement of illegally sacked workers of Emohua Local Government Area and the approval for electrification of the area, are part of deliberate measures to open up the area to make life conducive and more meaningful for the people.
According to him, “Everything about the governor is putting the interest of Rivers State first. He is looking at and taking action on those things that we need to do to restart the wheels of progress in Rivers State.
“There are many things the governor has planned and is already doing that will boost the life and welfare of every citizen of Rivers State, but most importantly the youths.
“Growing up, I learnt that Egbeda is one of the biggest communities in the whole of Ikwerre, and it’s predominantly an agrarian community. They have food in Egbeda, they have food in Ubimini, they have food in Omudiaga and other natural resources. The whole world is tilting to agriculture, and this is the way to go.
“The Elele-Umudioga-Egbeda-Ubimini-Omoku road, when completed, will open up the area for real development. Your food and everything you produce there will now have value, they will no longer be thrown away. In all these, you the youths are going to be the utmost beneficiaries.”
He added, “Same will be applicable to the Emohua-Kalabari Road which will also, trigger development in the area, and you will be the greatest beneficiaries. When the LGA is also electrified, you will be having 24 or 20 hours of electricity, and those things the youths can do with electricity, you can stay at home and create wealth for yourself and children.
“All the totality of what the governor is doing, when they are completed, or even as some are completed now, the youths are going to be utmost beneficiaries.”
While acknowledging that youths are the true leaders of tomorrow and any government that fails to carry them along in the scheme of things is doomed to fail, the governor assured them of his administration’s commitment to always address issues concerning youths and ensure that they are part of his government.
He commended the youths for toeing the path of truth by identifying with his administration, urging them to sustain the tempo and shun evil, as his government will ensure that the trend whereby politicians turn youths to beggars are over.
He said, “Youths are, indeed, the leaders of tomorrow. The time of youth is a very important time. It a time that your parents or whoever is your leader at that time have to make the greatest investment in you. And any Government that decides to only carry the elderly, chiefs aling and abandon the youths is bound to fail,” he asserted.
“But I am happy that Governor Fubara has concentrated his energy on everything that will benefit the society, especially the youths.
“And based on these, I want to thank you for recognising what is good and calling it good, for shunning what is evil, for saying the Governor is standing for you.
“Let me tell you, you are on the right direction. Let me tell you again, Rivers State is the bride of Nigeria. The whole Nigeria is looking at what will happen here. As they look here and see you standing on the path of truth, this is a very important step that you have taken to right all the wrongs of the past, to make Rivers State stand on the tripod of justice, peace and security. That is what we are going to gain through the governor, taking all the wise actions that he has already initiated.
“The projects the governor is embarking on are meant to prepare nets for the youths to fish and put food on their table, hence you should continue to follow him.
“The SIMplified Movement brought upon by the governor will ensure that Rivers youths stop the habit of going to bow down before politicians, pledging loyalty before they can eat.”
Earlier, spokesman for the Emohua Youths for SIM, Comrade Ovamale O. Ovamale, had said that the visit by youths from the 14 political wards in Emohua Local Government Area was to thank the governor for the award of the Elele-Omudiaga-Egbeda-Ubimini-Ikiri-Omoku road, the approval for electrification of the area and reinstatement of sacked workers of Emohua Local Government Council, of which the youths were mostly affected.
According to him, “Siminalayi Fubara of recent has given Emohua Local Government road that links Elele to Omoku, which comprises over four communities in the local government.”
“Emohua Local Government has also been in darkness for eight years. No community in the local government that has light. But, of recent, because of the passion and love the governor has for the people of Emohua, he has approved the electrification of the local government.
“Also, the illegal sack of Emohua Local Government workers, for which the youths were mostly affected and without the approval of the Local Government Service Commission, the governor, in his compassionate nature, has reinstated them, and that is why we said we must come and thank His Excellency”, he said.
Rivers State Governor, Sir Siminalayi Fubara, has assured that his administration will collaborate and continue to consult widely in delivering a liberated State experiencing enduring peace.
Fubara said, in doing so, he would not operate as a dictator but as a member of a team that has the best interest of the State at heart and determined to leave a lasting legacy that can be celebrated.
The governor spoke during the formal presentation of Certificate of Recognition and Staff of Office to the Amanyanabo of Okochiri Kingdom, King Ateke Michael Tom, as first class tradition ruler, at Government House in Port Harcourt, yesterday.
Fubara stated that, during the Sixth State Executive Council meeting, N80.8billion was approved with 50 percent contract value paid already as the Government awarded the construction of the Elele-Egbeda-Omoku Road.
He said the project will be funded from the savings from Internally Generated Revenue (IGR) to underscore his administration’s prudence without also borrowing to complete the project.
“We are at a crossroad in our State where we all need to stand for what is right. It happens once in a life time. So, for now, be one of those people that will be in the course to liberate and free our dear State.
“And I know strongly that having the support of a peace-loving Amanyanabo of Okochiri Kingdom, having the support of the wonderful Council of Chiefs, having the support of the great people of Rivers State, we will bring peace in our State. We will do those things that are right to develop our State.
“We will continue to consult. We will not act as dictators. We will act as people who know that one day, we will leave, and when we leave, the way we have acted will speak for us. We will not force people to talk good about us. Our legacy will be a signature for how we led”, the governor said.
Fubara explained that he acted within the ambit of the law to upgrade the traditional stool upon which King Ateke Tom sits in recognition of his efforts in promoting peace in Okrika, and indeed, the State, and urged him to continue to do justice to everyone.
In his speech, Commissioner for Chieftaincy and Community Affairs, Hon Charles Amadi, congratulated King Ateke Tom for being formally presented with the Certificate of Recognition and Staff of Office as first class traditional ruler.
Also speaking, former Transport Minister, Chief Abiye Sekibo, thanked the governor for fulfilling his promise of upgrading the traditional stool of Okochiri Kingdom, and pledged the support of Kirike Se people to his administration.