News
2019 Polls: S’Court To Rule On Zamfara APC’s Request, Today
The Supreme Court has scheduled ruling for today in an application by the Abdulaziz Yari faction of the All Progressives Congress (APC) for a review of its May 24, 2019 judgment in the intra-party dispute in the Zamfara APC.
The Supreme Court had, in the judgment, held among others, that the APC did not hold valid primaries preparatory to the 2019 general election, voided its (the party’s) victory in the elections and made a consequential order, directing the party with the second highest scores in the election to claim the victory.
The Peoples Democratic Party (PDP) in Zamfara State benefited from the effect of the consequential order, with its candidate taking over all the elective positions in both the Executive and Legislative arms of government in the state.
While arguing the application on March 17, 2020, lawyer to the Yari faction of the Zamfara APC, Robert Clarke (SAN), prayed the court to review the consequential order on the grounds that it was wrongly made.
Clarke argued that the order the Supreme Court ought to make was that directing the APC and INEC to conduct fresh primaries and elections in Zamfara State, instead of voiding the party’s victory.
He argued that, by the consequential order, the Supreme Court made it possible for the PDP, which was not a party in the Zamfara APC’s intra-party dispute, to benefit from the outcome of the dispute.
Clarke argued that when the Supreme Court sat on the date it gave the judgment, the case was purely a pre-election matter, not an appeal from the lower court, flowing from the tribunal.
“There was no tribunal in place to hear post-election matters, because election had not been held. The Supreme Court was sitting, at that time, as a court of first instance.
“We are saying that the consequential order was made out of jurisdiction. The consequential order that would have been made was to order INEC to conduct fresh primaries and elections.
“Section 235 of the Constitution, says only the tribunal that can decide electoral dispute, in this case, there was no appeal on election dispute.
“The consequential order allowed non-parties to benefit from the outcome of the intra-party dispute between members of the APC.
“The other party that benefited from the consequential order (the PDP) was never a party to the Zamfara APC’s intra-party pre-election dispute. The court should grant the application in the interest of justice,” Clarke said.
In a counter-argument, lawyer to the Senator Kabir Marafa faction of the APC in Zamfara, Mike Ozekhome (SAN), urged the court to dismiss the application with punitive cost.
Ozekhome argued that, not only is the application without merit, it constitutes an abuse of the process of the court.
He added that with the recent two decisions of the Supreme Court, in the governorship disputes in Bayelsa and Imo states, the applicant ought to have quietly withdrawn the application.
Ozakhome said; “On June 17, 2019 the same applicant made similar application that was struck out by this court on July 22, 2019, the two main reasons given by the court included that ‘because the applicant did not comply with Order 8 Rule 16 of the Court of Appeal Rules.”
He added that the court rejected the current appellants’ application because the matter complained about was a pre-election matter which had been overtaken by Section 285(12) of the Constitution, which prescribed 60 days from the day of filing of notice of appeal.
Ozekhome noted that “Nothing has changed since the last ruling of the court for them to come back with the same application.”
He urged the court to dismiss the application with punitive cost, and noted that the application constitutes a gross abuse of the process of the court of the land.
Ozekhome added: “This pre-election matter died on the 4th of June, 2019, because the notice of appeal was filed on March 4, 2019, and the court said so in its judgment of May 24, 2019.”
Lawyer to the Independent National Electoral Commission (INEC), Tanimu Inuwa (SAN) said his client did not file any brief and has nothing to urge the court.
The Rivers State Chief judge, Justice Simeon Chibuzor Amadi has granted pardon to six inmates standing awaiting trial at the Port Harcourt maximum correctional center.
The six lucky inmates granted pardon on Tuesday by the state Chief Judge included Nwekeala Chizoba, Samuel Emmanuel, Aniete Kelvin, Ebube Fubara and Goddey Okpara who were on awaiting trial as murder suspects and have all spent between 10 years to seven years in the custody without a proper information filed against them in the court.
Justice Amadi during a special gaol delivery exercise last Tuesday at the Port Harcourt Maximum Correctional Centre opined that the special gaol delivery was part of activities lined up to commomerate the 2024/2025 legal year in the State and restated the commitment of the state judiciary in decongesting the correctional centre and ensuring that those inmates who are not supposed to be there are removed from the custody.
The state chief judge stressed the need for all stakeholders to work together to build a society that supports rehabilitation and gives a second chance to anyone or group of people who have fallen short of the expectation of the law and have been punished accordingly.
He stressed that the National Judicial Council(NJC) encourages judges to pay more attention to criminal matters to enable them to decongests the correctional facilities, noting that since his assumption into office, his administration has been able to reduce the number of inmates in Nigerian Correctional Centres and the Port Harcourt Correctional Centre in particular, to less than 2,000 as against the over 4,000 inmates previously in the faculty.
According to him, “as they release the deserving inmates, they affirm their commitment to justice, compassion and rule of law but that they must not forget the fundamental principles of justice delivery system which is truth and fairness, integrity and equality before the law.”
I encourage you all the released inmates to return to your families and become better citizens. You must not engage in action that will return you all back to prison. Let me say that while the judges show empathy to you all, it does not absolved individuals from being held accountable for actions against individuals, corporate organisations and state which the law frowns at, ”he stated
The Chief Judge thereafter stood down the exercise to enable the DPP to intervene to case files following the fact that majority of the persons listed to benefit from the exercise are facing murder charges and adjourned to a date that will come before December.
Earlier in his goodwill message, the outgoing state Comptroller of Nigerian Correctional Centre, Port Harcourt, Felix Lawrence, who was recently promoted to the rank of Assistant Controller General, commended the state judiciary led by Chief Judge, Justice Simeon Chibuzor Amadi for their continuous effort aimed at ensuring justice and decongesting the facilities.
Other activities lined up for the event included special church service at St Paul’s Cathedral , Anglican Communion, Rebisi Port Harcourt, inspection of guard of honour by the state Chief Judge mounted by officers of the Nigerian police and a special court session held at the ceremonial court hall.
By: AkujobiAmadi
The Director General of Rivers State Bureau on Public Procurement (RBoPP), Dr. Ine Briggs, has explained that the Sir Siminalayi Fubara administration plans to enforce transparency in governance through public procurement.
Speaking at a one-day Public Procurement Enlightenment workshop organised in collaboration with the State Local Government Service Commission for newly elected chairmen, vice chairmen, secretaries and leaders of legislative assemblies, Dr. Briggs said it is key for grassroot development.
She stated that the Sir. Fubara administration plans to reduce wastage and at same time infuse efficiency in public expenditure.
The RSoPP DG said the local government political office holders remain key drivers in the new vision hence the workshop is to arm them with knowledge on how to execute projects in tandem with needs of the people.
“ Your role in the prudent management of public resources is, therefore, not just administrative it’s the cornerstone of delivering the dividends of democracy. Every procurement decision you make must reflect a commitment to fairness, transparency and accountability” Dr. Briggs submitted.
One of the key goals of the administration she further reminded the participants was to use their offices to foster economic growth through public procurement.
She warned that the law establishing the agency empowers it to penalise defaulters, but that what is more important is voluntary compliance to the laws.
In addition to that, she said urged the local government council leaders that champion the practice and implementation of public procurement law.
On his part, Acting Chairman of Local Government Service Commission, Pastor GoodLife Ben Iduoku averred that the aim of the workshop is to arm key stakeholders in the local government system to generate new ideas, innovation and strategies in tandem with government policies and programmes.
The workshop dealt on various topics on procurement planning, methods, Understanding Bid Process, including types of Construction Contracts and law.
Some participants were awarded excellence and meritorious awards as part of the programme.
By: Kevin Nengia
The 19th anniversary of the National Association of Proprietors of Private Schools (NAPPS), Rivers State Chapter, recently ended in Port Harcourt in grand style, with participants from various schools including proprietors, the academia, civil society groups and top government functionaries charting the way forward for educational improvement.
The 19th NAPPS anniversary christened, ‘Innovation and Adaptation: Transforming Challenges Into Opportunities’ was held at Casoni Hotels, Port Harcourt.
In his remarks, the Chairman of the Rivers State Chapter of the association, Dr. Jaja Adafe Sunday expressed gratitude to the members and executives for their untiring efforts towards the achievements of the body.
He sought the intervention of government on the lingering crisis on the economy as it is affecting the running of schools.
He decried high cost of things including fuel and raw materials which has adversely affected the running of schools and payment of teachers.
Dr. Sunday hinted that the current economic situation in the nation is biting hard on the operations of schools, saying inflation, removal of fuel subsidy, fuel scarcity, poor electricity supply, tariffs and lack of government grants are some of the challenges faced by schools, and urged the members to brace up to the challenges, as it is the panacea to building a brighter future.
Guest speakers from the health sector and the academia thrilled the gathering on the essence of basic education which they said is the key to national development.
Former Dean of the Ignatius Ajuru University of Education, Professor Azuru and the Chief Medical Director of Meridian Hospitals, Dr. Odo Iyke were some notable guest speakers who delivered lectures at the occasion.
Some distinguished proprietors also got special recognitions and awards.
The 19th anniversary cake was cut by the Rivers State NAPPS Chairman with representatives of the state government assisting.