News
Wabba’s Outburst Spurious, Malicious -RSG
…Warns Labour Against Contempt Of Court
…Says Interim Injunction Properly Served On NLC, TUC
The Rivers State Government has dismissed the outburst by the President of the Nigeria Labour Congress (NLC), Comrade Ayuba Wabba, on the court proceedings in relation to the ongoing labour dispute between the state government and organized labour in the state, describing it as spurious, unfounded and malicious.
A statement signed by the state Attorney General and Commissioner for Justice, Prof Zacheaus Adangor, in Port Harcourt, yesterday, reads, “The attention of the Rivers State Government has been drawn to an audio message being circulated on the social media and credited to Comrade Ayuba P. Wabba, President of the Nigeria Labour Congress (NLC).
“For the records, the said Comrade Ayuba P. Wabba is the 3rd defendant in Suit No. NICN/LA/305/2020 (Attorney-General, Rivers State v. Nigeria Labour Congress and 5 Others) now pending before the National Industrial Court, Lagos (sitting as a vacation court).
“In the said audio message, Comrade Ayuba P. Wabba made a number of spurious, unfounded and malicious allegations against me and the Office of the Honourable Attorney-General of Rivers State in relation to the proceedings in the aforesaid Suit No. NICN/LA/305/2020 with a view to ridiculing the judicial process and impugning the authority and integrity of the court.
“It must be emphasized that ordinarily, it would not have been necessary to honour Comrade Ayuba Wabba with a response.
“However, given the seriousness of the issues raised in his putrid audio message as they appertain to our court of law and the administration of justice, it has become absolutely necessary to set the records straight.
“Contrary to the offensive assertion in the audio message that the Honourable Attorney-General of Rivers State ‘claimed’ to have obtained an Order of Interim Injunction from the National Industrial Court, the truth of the matter is that the National Industrial Court, Lagos Division (coram Hon. Justice N. C. S. Ogbuanya, J.) sitting as a vacation Judge, actually granted an Order of Interim Injunction in favour of the claimant/applicant and against the defendants on 1st September, 2020, in the following terms:
“An Order of Interim Injunction is hereby granted restraining the Defendants herein either by themselves or through their servants, agents, privies, officers or otherwise howsoever called from embarking on a strike action in Rivers State on 5th, 6th or 7th September, 2020 or any other date whether earlier or later, pending the hearing and determination of the Motion on Notice for interlocutory Injunction filed contemporaneously herewith;
“An Order of Interim Injunction is hereby granted restraining the Defendants either by themselves or through their servants, agents, privies, officers or otherwise howsoever from stopping, hindering, preventing, disrupting and/or interfering in any manner whatsoever with the provision of service and other works by their members in the civil and public service of the claimant/applicant pending the hearing and determination of the substantive Motion on Notice for interlocutory injunction already filed.
“Given the urgency, and in line with Order 7 Rule 1 (9) of the Rules of this Court, leave is hereby granted the claimant/applicant to serve the Originating Summons, Motion on Notice and all other processes in this Suit on the Defendants along with the Interim Order herein granted, by publication in two national newspapers circulating in Nigeria, in the event that prompt service of the court processes and the Interim Order, herein, cannot be effected on the trade unions herein, as prescribed under Order 7 Rule 1 (1) (h) (ii) of the Rules of this court before the return date of further proceedings.
“To be sure, the enrolled Order of Interim Injunction has been duly served on all the defendants in accordance with the provisions of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017, and in compliance with paragraph 3 of the enrolled Order of the Honourable Court.
“The allegation made by Comrade Ayuba Wabba that the enrolled Order of Interim Injunction has not been served on the defendants, is therefore, not only mendacious but also laughable.
“Comrade Ayuba Wabba claims that the organized labour is not embarking on a strike action but rather a “national protest in Rivers State. The word ‘protest’ is defined by the Oxford English Dictionary (2nd Edition, 2010) page 601 to mean inter alia: ‘an organized public demonstration objecting to an official policy’.
“The adjective ‘national’ which qualifies the protest being threatened by the organized labour in Rivers State, underscores the fact that protesters will be drawn from across the Federation of Nigeria. Clearly, a national protest, will invariably occasion or involve the stoppage, disruption and/or interference with the provision of service and other works by members of the organized labour in the civil and public service of the Government of Rivers State contrary to the terms of the subsisting Order of Interim Injunction granted against the defendants, including Comrade Wabba. Nothing could be more contemptuous of the Honourable Court!
“Comrade Wabba has further claimed that the Honourable Attorney-General of Rivers State has ‘boasted that he can procure any order of the court at will’. This allegation which is the product of a warped mind, shows that Comrade Wabba has no scintilla of respect for the judicial process in our courts.
“First, orders of court are not ‘procured’ but issued, made or granted by the court as the circumstances of each case may justify. Second, the Honourable Attorney-General of Rivers State has never met Comrade Wabba in his life and could not have boasted to him about his capacity to obtain court orders at will.
“The statement is thus a figment of Comrade Wabba’s imagination contrived to give colour to his threatened act of brazen illegality. Finally, the Hon. Attorney-General of Rivers State has never boasted before any official or member of the organized labour in Rivers State that he could ‘procure any order of the court at will’ either as alleged or at all.
“That irresponsible statement is not only an underserved attack on the office of the Honourable Attorney- General of Rivers State but also a veiled attack on our Judiciary. This is unfortunate.
“Finally, it is utterly false that the Honourable Attorney-General of Rivers State abducted and/or held any labour leader in Rivers State captive at the Rivers State Government House, Port Harcourt.
“Comrade Wabba should inform Nigerians whether any complaint has been lodged with the police against the Honourable Attorney-General in respect of the alleged abduction.
“For the avoidance of doubt, the organized labour is not a state within a state. On the contrary, it is a body created by law and is bound by the same law that gives its existence legal validity.
“The case of the Government of Rivers State before the National Industrial Court is that the organized labour cannot declare a strike action in Rivers State without strict compliance with the conditions precedent prescribed in the Trade Disputes Act, Cap, T8, Laws of the Federation of Nigeria, 2004, and the Trade Unions Act, Cap. T14 Laws of the Federation of Nigeria, 2004.
“Our commitment to the enthronement of the rule of law in our state rather than rule by force, informed our decision to seek judicial redress against the organized labour.
“The Government of Rivers State will not engage in any act of illegality in confronting the monster of lawlessness which the organized labour now appears to epitomize”, Adangor added.
However, the Rivers State Government says the organised labour in Rivers State would be charged with contempt of court, if they proceeded with their planned protest and strike, tomorrow.
The state Commissioner for Information and Communications, Pastor Paulinus Nsirim, who said this at a media briefing in his office in Port Harcourt, said the organised labour would be going against the law in view of an injunction restraining it from going ahead with the planned protest.
It would be recalled that the two umbrella unions had said in Abuja, last Thursday, that they would lead the leaderships of all affiliate unions to storm Rivers State from September 8, 2020, on a protest march against what they described as “despotic rule and development of violence against workers by the Governor Nyesom Wike-led administration”.
The commissioner described the plan by the organised labour as unfortunate, as according to him, the administration of Governor Nyesom Wike was not lawless.
Nsirim pointed out that, there was an interim injunction from the National Industrial Court, Lagos Division, restraining labour from any form of protest or strike, adding that since the matter was already in court, the state government would not join issues with labour.
“You are all aware of some recent developments in the state where the NLC is threatening to go on strike. The Rivers State Government, under the able leadership of Chief Nyesom Wike, believes strongly in the rule of law.
“On the 1st of September, 2020, the Rivers State Government obtained an order of interim injunction from the National Industrial Court presided over by Hon. Justice N.C.S. Ogbuanya, in Suit No: NICN/LA/305/2020.
“The Attorney General and Commissioner for Justice, Rivers State, Prof Zacchaeus Adangor obtained this injunction on behalf of the Rivers State Government”, Nsirim explained.
He listed those joined in the suit pending at the Lagos court, a copy of which was made available to The Tide, as the NLC President, Comrade Ayuba Wabba and his counterpart in the Trade Union Congress (TUC), Comrade Quandri Olaleye; Rivers State NLC Chairman, Comrade Beatrice Itubo; and the state TUC Chairman, Comrade Austin Jonah.
Nsirim further said the interim injunction has been served to the defendants as well as the originating summons ahead of the hearing scheduled for September 8; adding that in obedience to the court order, the state government had published the order of injunction in two national dallies on Thursday, September 3, 2020; warning the unions to be ready to face the law, if they go ahead with the protest.
Similarly, the Rivers State Government has reiterated its readiness to move the court to issue Form 48 conveying Notice of Consequence of Disobedience to Court Order on the leaderships of organized labour in Rivers State, if they insist on embarking on protest as a result of not being served, in-person, the court injunction restraining the unions from the protest billed for tomorrow.
Briefing journalists in Government House, Port Harcourt, the Rivers State Attorney-General and Commissioner for Justice, Prof. Zacchaeus Adangor, said every disobedience of an order of court constitutes Contempt of Court, adding that the court that issued the order possesses both statutory and inherent powers to punish the culprits for disobedience of its order by committing the party (s) in default to prison until they purge themselves of the contempt.
He warned the organized labour against any act of overt or subtle disobedience of the subsisting orders of the National Industrial Court, adding that there shall be consequences for disobedience.
Adangor pointed out that in the circumstance, the defendants in Suit Nos. NICN/PH/41/2020 and NICN/LA/305/2020, were bound to comply strictly with the terms of the subsisting orders of interim injunction issued by the courts, insisting that they were bound to refrain from carrying out or purporting to carry out, embark upon or proceed with the strike action in Rivers State whether on September 8, 2020, or on any earlier or later date.
The address read at the briefing, titled, “Text Of A Press Conference Held By The Hon. Attorney-General And Commissioner For Justice, Rivers State, Prof. Zacchaeus Adangor At Government House, Port Harcourt, On Saturday, September 5, 2020, On The Legal Aspects Of The Threatened Strike Action By Organized Labour In Rivers State”, states: “Sometime on or about the 16th day of March, 2020, the Rivers State Councils of the Nigeria Labour Congress and Trade Union Congress of Nigeria issued a ‘Notice of Seven (7) Days Ultimatum for the Commencement of an Indefinite Strike Action in Rivers State by the Organized Labour’. See Annexure ‘A’.
“From the Notice of Seven (7) Days Ultimatum (Annexure ‘A’), the indefinite strike action was scheduled to commence midnight of Monday, 23rd March, 2020.
“It is important to mention that in issuing the Notice of Seven Days Ultimatum for the Commencement of Strike Action in Rivers State, the Rivers State Councils of the Nigeria Labour Congress and the Trade Union Congress of Nigeria, failed, refused and/or neglected to fulfil the condition precedent for the declaration of strike action as prescribed in Sections 4, 6 and 18 (1) (a) of the Trade Disputes Act, Cap. T8, Laws of the Federation of Nigeria, 2004.
“Consequently, the Government of Rivers State through the Honourable Attorney-General instituted Suit No. NICN/PH/41/2020 (Attorney-General Rivers State v. Comrade Beatrice Itubo, JP) at the National Industrial Court, Port Harcourt, by way of Originating Summons seeking the interpretation of the provisions of the Trade Disputes Act, Cap. T8 Laws of the Federation of Nigeria (LFN) 2004 and the Trade Unions Act, Cap. T14 LFN 2004 in relation to the threatened strike action by the defendants. The Honourable Attorney, as claimant, seeks declaratory and injunctive reliefs against the defendants on records.
“Given the extreme urgency of the matter, the Attorney-General also filed an Ex-parte Application for interim injunction restraining the defendants in Suit No. NICN/PH/41/2020, from commencing, embarking on or proceeding with the strike action.
By: John Bibor & Enoch Epelle
Rivers State Governor, Sir Siminalayi Fubara, has charged newly sworn-in chairman and members of the State House of Assembly Service Commission to achieve greater productivity, promote highest standard and insist on best practices in the discharge of Legislative services.
Governor Fubara also urged them to ensure that parliamentary staff are put through disciplinary conducts in the discharge of their duties in the service.
Governor Fubara gave the charge shortly after the chairman and members of the Rivers State House of Assembly (RSHA) Service Commission were sworn-in at the Executive Chamber of Government House in Port Harcourt, last Friday.
The Governor also sworn-in the chairman and members of the Rivers State Local Government Service Commission.
Hon Tamunosisi Gogo-Jaja, is the chairman of RSHA, with Dr Kennedy Ebeku, Hon. Soberekon Clark, Hon. Jones Ogbonda, and Hon Kingston Sylvanus as members.
For the Rivers State Local Government Service Commission, Hon GoodLife Ben will serve as the chairman, with Chief Emmanuel G. Jaja, Ms. Betty Warmate, Barrister Jerome Chimenem, Hon Prince O. Ohochukwu, Barrister Philip Okparaji, and Christian Amadi as members.
Governor Fubara explained that the constitution and swearing-in of the respective commissions were delayed with the hope that all former members of the political block will come back together but quickly added that such expectation is dashed now as governance has to move on.
He said: “As it stands now, our position is very clear. The ship that we are onboard is clear, and the activities of governance have to continue.
“So, this swearing-in is to give these two units of government – particularly, the House of Assembly Service Commission, a formal commission so that you can start carrying out the activities of promotion, discipline and every other thing that has to do with the legislative staff activity.”
Governor Fubara emphasised: “This assignment is not business as usual. You have to take full charge, and you have to ensure that there is discipline in the service.”
Speaking on the Local Government Service Commission, Governor Fubara said an acting Chairman was previously appointed to hold brief while the situation was being studied but quickly added that as it stands now, a full fledged commission has to be constituted to steer affairs.
Governor Fubara stated that the various Local Government Councils have been mandated to commence payment of the N85,000.00 Minimum Wage to their workers.
However, Governor Fubara said that mandate had met with series of complaints about ghost workers or inflated payroll staff list, which required proper scrutiny in order to ensure that only genuine workers benefit.
He said, “You must ensure that you support the Local Government Chairmen to get rid of those fake names in the payroll, so that when they implement the N85,000.00 Minimum Wage, it will not be too much burden on them.
“I am not saying you should go and dismiss people who are genuinely employed. Hear me very well: there must be proper scrutiny to be sure that whoever is there must be a genuine civil servant employed by the commission, and must have met all the conditions.”
Governor Fubara also directed the commission to address the issue of staff stagnation on a particular grade level, which is an ugly practice, and make sure those due promotion truly benefit from statutory progression in the service.
He said, “The second side is, you have the issue of promotion, you must also ensure that they are adequately promoted so that they can start enjoying like their counterparts in the mainstream.
“There is too much dragging of their promotion, for somebody to be on Grade Level 4 for over 30 years is not good. It is not good news.”
Governor Fubara maintained: “I believe strongly that you will not allow yourselves to be corrupted like those stories that we used to hear. Make sure that there is acceptable level of discipline and standard in the Local Government Service Commission.
“I also believe strongly that you are already prepared for this assignment, and since you are prepared, I will charge you to go do what you know how to do best. Be assured that the government will give you all the necessary support.”
Governor Fubara noted that the task before them could seem Herculean but they should be assured of support from his administration to drive the assignment given to them to reckonable success.
Rivers State Governor, Sir Siminalayi Fubara, has said that the open dumping of wastes has to be replaced with a more innovative and efficient disposal method so that wastes can be taken off the streets and turned into income-yielding ventures.
Governor Fubara made the assertion while giving charge to the newly constituted Board of Directors of the Rivers State Waste Management Agency (RIWAMA) and its Managing Director at Government House in Port Harcourt, last Friday.
The Board members included Engr. Edward Namiesimagh as the chairman, while Hon. Bishop Best, Dr. Ipalibo Sogules, Richard Mazi, and Civian Y. Nwibari are members, with Hon. Orukwem Amadi-Oparaeli as the Managing Director.
Governor Fubara said waste disposal and management have remained a major global concern, adding that over the years, successive administrations in the State had struggled to take wastes off the streets but ended up taking them to other dumpsites where they constitute nuisance and environmental hazards.
He said, “Today, I am here putting a team together to look at these challenges differently. Let it not be the regular pattern whereby at the end of the month, you come to collect money from me for payments.
“Don’t indulge in appointing your friends as sweepers, evaluators of debris, then you start building hotels, or buying big cars. Let us go beyond that and tap into the potentials of waste management.
“It is an area in this world that there is so much money in. It is an area that creates employment, and generates huge revenue. It is not just depending on what I will give to you. Consider what change you’ll bring to the work, that’s what I want to see in Rivers State.”
Governor Fubara told them that they were carefully selected because of the experiences they had garnered in their previous public assignments, and urged them to replicate their successes on a bigger scale with the new appointment.
The Governor advised them to work assiduously to bring back the beauty of Port Harcourt with effective waste disposal drive, and ensure the city is clean and green to reflect its old Garden City status.
Governor Fubara emphasised: “If not for our effort, today, some people could have even changed it to become Garbage City. But God forbid, it is not going to be in our own time.
“I want you to understand that I feel very unhappy with the sight I see. When you are driving into Port Harcourt, one of the first things that will welcome you is the waste dump that you see along the Obiri-Ikwerre-Airport Road. I don’t feel happy about it.
“Your first task should be to relocate it. That particular place needs to be completely closed because it is the entrance to the city. You need to get a new place where we can relocate our wastes.”
Governor Fubara urged them to be more responsible as they discharge their assignment, saying that it is more important to see results than being merely preoccupied with the aura of office.
The Governor warned that he will not hesitate to relieve anyone found wanting, and return the agency back to the era of a sole administrator running the affairs of the agency.
He noted, “This team cuts across all the Senatorial Districts, so that whatever you are going to do there, you ensure it spreads. While you are also carrying out this job, let it be known to the world that the interest of everybody in the State is accommodated.
“It shouldn’t be one-sided. Make sure that all our supporters who have the capacity and competence to do little jobs in the refuse area are also accommodated. I am serious. I have no doubt that you are going to impress us. So, I charge you to do all you can to make sure that the face of Port Harcourt changes when it comes to the issue of refuse.”
Governor Fubara told them to be good ambassadors of his administration as they interface with members of the public while also changing the face of refuse management in the State.
In his acceptance speech, Chairman of Rivers State Waste Management Agency (RIWAMA), Engr. Edward Namiesimagh, expressed appreciation to the Governor, on behalf of members of the Board, for finding them worthy to handle such difficult but surmountable task of keeping Port Harcourt clean.
He said, “When I see the calibre of people you assembled, all of us are happy, and I assure that with our period of experience in our fields and politics and interaction with people and the zeal that comes with this job, we assure you that we will do our best to make sure that the policy of restoring Port Harcourt to its lost glory is achieved with your support.”
Rivers State Governor, Sir Siminalayi Fubara, on Saturday, graced the solemnization of Sacrament of Matrimony between Engr Victor Kii, and his heartthrob, Engr Mercy Mankwe.
Engr Kii is the Rivers State Commissioner for Agriculture.
The wedding ceremony was held at Our Lady of the Holy Rosary Chaplaincy, Catholic Institute of West Africa (CIWA), along the Port Harcourt-Aba Expressway, Rumuibekwe in Obio/Akpor Local Government Area.
In his Homily, the Chief Celebrant, Bishop of the Catholic Diocese of Sokoto, Most Rev Matthew Hassan Kukah, said marriage is an enduring union, ordained by God for two persons – man and woman – who have decided in love to live their lives together.
Bishop Kukah stated that people in such Christian marriage should know that they are in an indissoluble union, bounded by faith, and advised them to gladly make personal sacrifices in tolerance and care for each other so that they can have a healthy, successful and rewarding life together.
In his vote of thanks, co-celebrant, Very Rev Monsignor Pius Kii, showered commendations on the Governor for his fatherly support to the family, and the numerous landmark achievements in various sectors across the State.
The clergy and the church took the opportunity to pray for the success and good health of Governor Fubara and his administration, and urged God to protect, guide and defend him at all times.
The church also presented 50th birthday cake and gifts to the Governor, and also sang birthday songs to accentuate the celebration.
Highlights of the event were the signing of the marriage register by the new couple, Victor and Mercy, and the cutting of the 50th Birthday cake by the Governor.