Politics
Tribunal Orders Substituted Service On Enugu REC Over BVAS
The Governorship Election Petition Tribunal sitting in Enugu, Saturday, ordered substituted service of a subpoena issued on the Resident Electoral Commissioner, REC, in Enugu State, Dr. Chukwuemeka Chukwu.
The tribunal had earlier issued a subpoena ordering the Enugu REC to bring before the court the BVAS machines used for the March 18 governorship election.
When the case came up on Saturday, the petitioners’ counsels led by Valerie Azinge, SAN, who appeared with Chief Alexander Ejesieme, SAN, among others, drew the attention of the tribunal to the subpoena issued on the Enugu REC and inquired as to whether or not he was in court.
At this point, Azinge asked the court to allow Ejesieme to take over the proceeding.
Ejesieme asked the counsel to the 1st respondent, INEC, whether the subpoena witness was in court.
In response, the INEC counsel, Hyacinth Okoli, said: “unfortunately, the subpoena was not served on the REC as stated and as required by law. The law is so specific about subpoena service.”
Citing Order 20 Rule 23 of the Federal High Court Rules 2009 which provides that a subpoena shall be served personally unless the court orders that same be served by substituted means in extreme cases, he said: “the REC was ordered to be served with the subpoena and he is always in the office. My submission is that whom the subpoena was served on is not the REC but one Grace Onuoha a legal officer with INEC.”
Going further, Okoli said: “I urge my Lords to set aside the service of the subpoena served on Grace Onuoha. There is no evidence that the REC evaded service and the tribunal didn’t make an order for substituted service on Grace Onuoha.
“The said subpoena has been returned to the tribunal in company of a letter and an affidavit. We urge the honourable tribunal to set aside the service of the subpoena on Grace Onuoha.”
Similarly, Chief Alex Iziyon, SAN, counsel to the respondents held same position.
In a counter augment, the petitioners’ lawyer, Ejesieme, told the tribunal that the letter and the affidavit returning the subpoena was served on him a few seconds ago.
Replying on points of law, Ejesieme said, “I will be relying on the same Order 20 Rule 23 of the Federal High Court Rules 2009 and I urge my Lords to make an order for a substituted service on Grace Onuoha.
“Also, I will be relying on a similar order made by this tribunal in EPT/003 where the tribunal gave a similar order that the subpoena be served on the counsel.”
Objecting to the oral application made by Ejesieme, the INEC counsel, Okoli said, “My Lords, there is no affidavit before the tribunal to attest that the bailiff made any attempt to serve the subpoena on the REC before serving it on Grace Onuoha.
“I urge my Lords to discountenance the application made by the learned silk to the court. In EPT/003, there was an affidavit before the court made an order for a substituted service on the governor of Enugu state. There was affidavit of non-service, but in the instant case, there is no affidavit of non-service.
Responding also, Iziyon told the tribunal that the application was not grantable under the law.
He said, “An oral application at this stage of the proceedings is not accepted. The application should be made in writing and not orally”.
In its ruling, the tribunal, chaired by Justice K. M. Akano held that the circumstances surrounding the return of the subpoena and the fact that the petitioners have just tomorrow, Sunday, which is the 16th day of July, 2023, to conclude their case, warrants the granting of the application.
It granted the order for substituted service and ordered that the subpoena be served on Grace Onuoha who is a legal officer in the Enugu office of INEC.
The newly elected Chairman of Abua/Odual Local Government Council of Rivers State, Hon. Vincent Reuben Obu, has resumed office with the resolve and assurance to govern the LGA with a deep sense of responsibility and consultation with stakeholders to bring sustainable development in the area.
Hon Obu disclosed this while speaking with news- men at Ayama, Abua Central shortly after swearing into office, the vice Chairman of the Council, Hon Eruka Enanaapu and new councilors representing the 13 Wards of the LGA and constituting the 9th Legislative Assembly, with Rt Hon Memonye Wariboko representing Ward1 elected as the Leader.
The chairman dissolved all standing committees and political appointees from the previous administration, and announced the appointment of Dr. Otuoye Asher as the new secretary of the council.
He affirmed his campaign promises to commission projects within 100 days in office, stating that the Abua/Odual rural electrification project would be one of the key initiatives to be commissioned within his first 100 days in office.
Hon Obu condemned the recent unleashing of mayhem and destruction of some local government secretariats by hoodlums, and urged residents to remain law-abiding and key into the peaceful leadership of the Rivers State Governor, Sir Siminalayi Fubara which is bringing total transformation and development in Rivers State.
In their remarks, the Chairman Local Government Service Commission, Pastor Goodlife Ben Iduoko, and Bar Daniel Atemie, congratulated the new Abolga Council Boss and expressed confidence in his capabilities to dispense good governance and democratic dividends in the area.
The Nigeria Civil Service Union(NCSU) has expressed delight over the outcome of last Saturday’s local government elections in Rivers State, and commended Governor Siminalayi Fubara for his uncommon courage, forthrightness and resilience which made it possible for his candidates to win the elections.
The Rivers State Chairman of NCSU, Comrade Chukwuka Richman Osumah, who made the commendation in an interview in Port Harcourt, said the Governor demonstrated uncommon courage, forthrightness and resilience during the build-up and countdown to the elections which paved the way for the successful conduct of the elections and emergence of his candidates as winners of the elections, describing the elections as generally peaceful.
He noted that many people in the State did not give Governor Fubara a chance of successfully weathering the political storm during the build-up to the elections, as they had thought that the entire process was going to be a disaster.
Osumah thanked Governor Fubara for overcoming all odds and ensuring that the entire process was hitch-free, peaceful and credible, describing the successful outcome of the elections as a victory for democracy.
The labour leader also condemned in strong terms the invasion of local government councils in the State by political thugs, shortly after the successful swearing-in of elected council chairmen by the Governor, and expressed joy that Governor Fubara has constituted a panel of inquiry over the development, contending that all those responsible for the mayhem inflicted on the affected councils would pay dearly for their actions.
Osumah equally applauded Governor Fubara for proving that he is truly the Chief Security Officer of the State, before, during and after the elections, adding that it was a great feat that the elections were successful, peaceful and hitch-free without the prying eyes of the police.
He noted that the Governor’s detractors had taken his peaceful disposition for granted, and affirmed that Governor Fubara has truly proved to the world that he is capable of ruling Rivers State.
He, however, appealed to the elected council chairmen and councillors to continue to support Governor Fubara and work for the collective good of Rivers people, insisting that the enemies have not yet gone to sleep but are still awake, to cause more havoc to the State.
He said the Governor as a former civil servant who rose from the ranks to the top echelon of the Civil Service, would continue to enjoy the support of civil servants in the State, and expressed optimism that his administration is going to implement the new minimum wage, as the Governor had promised, particularly now that the local government elections are over.
Osumah carpeted the Inspector General of Police over his roles in the political crisis rocking the State, saying instead of protecting democracy by virtue of his professional calling, he is rather destroying democracy.
According to him, the IGP has a question to answer over his roles in the Rivers political crisis, and has a lot of explanations to make to President Bola Tinubu.
He expressed delight that police operatives several council secretariats in the State, describing it as a welcomed development.
The Rivers State House of Assembly under the leadership of Rt Hon. Victor Oko-Jumbo has endorsed the October 5, 2024 local government elections in Rivers State.
Rt Hon. Oko-Jumbo said this on the floor of the House during its legislative sitting on Wednesday in Port Harcourt.
He said the House aligned itself with a recent Supreme Court’s judgement which directed all states in the country to ensure democratically elected councils in their respective states.
According to the Speaker, the forthcoming election is also in line with the recent Supreme Court’s judgment which outlawed unelected councils’ leaderships in the country.
Rt Hon Oko-Jumbo also said the election is also in compliance with the order of a Port Harcourt High Court that mandated the state electoral umpire to use the 2023 Independent National Electoral Commission (INEC) voter register for the election.
The Speaker said the House was also satisfied with the preparations so far made by both the Rivers State Independent Electoral Commission (RSIEC) and the state government for the conduct of the elections.
The number one lawmaker in the State urged security agencies to ensure adequate security of lives and property during the elections, while calling on eligible voters to turn out en mass and vote for candidates of their choice.
