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LG Polls: ‘Why Appeal Court Struck Out APC’s Suit’
The outgoing President of Nigeria Society of Engineers (NSE), Mr Isaac Olorunfemi (right), decorating the new President, Mr Otis Anyaeji, during his Investiture as the 30th President of the society in Abuja, recently.
The Court of Appeal sitting in Port Harcourt, Rivers State on Monday gave reasons why it struck out the appeal brought before it by the 22 All Progressives Congress local government council chairmen in the state challenging the nullification of their election by the Federal High Court presided over by retired Justice Lambo Akambi in July 2015.
The lead judges of the three-man panel of judges of the Appeal Court in Port Harcourt, Justice Teresa Orji Abosua said the court struck out the matter based on what she described as administrative error in assignment of wrong case number in filing of the appellants’ suit”.
According to her, the court consequently ordered the sacked 22 APC local government council chairmen to file a fresh appeal to regularize the process of their appeal.
The court took the decision following the observation made by the state Attorney- General and Commissioner for Justice, Mr Emma Aguma (SAN) who represented the defendants in the matter.
He drew the attention of the judges to the Appeal Court number wrongly inserted in the motion of notice paper of the appellants which according to him was a subject matter scheduled for hearing for the day.
The Senior Advocate of Nigeria said my Lords, there was no need for the motion before us, since the motion was seeking for the leave of the court to grant them court of Appeal number for the case, and here my Lords, They have gotten the number.
The state Attorney-General and Commissioner for Justice prayed the court to strike out the matter, and direct the applicants to withdraw the motion even as he sought for the court to award N50,000 cost against the 22 applicants for obtaining the Appeal Court number through a mischievous way.
However, in his submission, counsel for the 22 APC chairmen, who are the applicants in the matter, E.A Yohelp (Esq) did not oppose the views of the state Attorney-General and Commissioner for Justice on the withdrawal of the motion but objected to the award of N50,000 cost against the applicants as canvassed by the learned Senior Advocate.
The applicants’ counsel hinged his arguments on the fact that the error noticed by the court was not the making of his clients, but rather an administrative one.
Satisfied by the submissions from both counsels, Justice Abosua struck out the matter but however refused to award any cost to the applicants as canvassed by the state Attorney-General.
It would be recalled that the 22 APC council chairmen in the state went to the Appeal Court to challenge the nullification of their May 23, 2015 election by the Rtd Justice Lambo Akambi’s judgement delivered on July 9, 2015.
Speaking to journalists shortly after the ruling, Counsel to 22 APC Local Government Chairmen, E.A Yohelp said he withdraw the motion after he noticed the administrative error by the court register, adding that the import of the ruling was that it would give the applicants the opportunity to put their house in order and bring back a fresh appeal before the court.
Also speaking, the state Attorney General and Commissioner for Justice, Hon Chinwe Aguma (SAN), opined that the learned justices of the Appeal Court were right in their decision to strike out the suit, adding that the ruling was in conformity with the ruling of Rtd Justice Lambo Akambi and the Industrial Court in Bayelsa State.
According to the learned Senior Advocate, with the development now, this suggests that there was no appeal against the dissolution of the LGA before the appellant court by the applicants, until they do so, if they have the will to do so.
Addressing newsmen after the judgment, Rivers State Attorney General, Emmanuel Aguma, SAN, described the Appeal Court judgement as a confirmation of the judgment of the Federal High Court which declared council polls illegal.
The Appeal Court declared that the suit filed by the former council chairmen lacked competence and was therefore dismissed.
It will be recalled that former Rivers State Governor, Rotimi Amaechi had circumvented the law by illegally conducting local government council elections less than one week before the handing over on May 29, 2015.
PDP had filed a suit against the conduct of the council polls at the Federal High Court in Port Harcourt. Despite a court injunction stopping Amaechi, he went ahead to conduct the illegal election.
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.