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No Cause For Alarm Over S’Court Decision -PDP, Atiku
The presidential candidate of the Peoples Democratic Party (PDP), in the February 23 election, Atiku Abubakar, yesterday, said there was no cause for any alarm on the verdict of the Supreme Court to strike out his appeal to inspect the central server of the Independent National Electoral Commission (INEC).
The apex court had in a judgment held that Atiku’s request could not be granted because it was brought after parties have joined issues on the existence or otherwise of the server.
In the unanimous judgment delivered by Justice Chima Nweze, it said the Presidential Election Petitions Tribunal was in order in refusing to grant Atiku’s request at the time it was made so as not to prejudice other parties in the matter.
In addition, the apex court held that the appeal lacked merit because the appellants failed to prove how the decision of the tribunal was unfair to them.
Justice Nweze said a party can only complain of the lack of fair hearing when discretion of court was wrongly or arbitrarily used by the court, adding that in this instant case, the tribunal used its discretion judicially and judiciously.
“I see no reason to depart from the decision of the lower court, the appeal is lacking in merit and is hereby dismissed”, Justice Nweze said.
Reacting, Atiku, who spoke through his lead counsel at yesterday’s proceedings, Eyitayo Jegede, SAN, said that the decision was anticipated and that proactive action had been taken during the hearing of the petition.
Jegede said that the issue of server which was aimed at establishing that the election was rigged during collation of results was thoroughly addressed through witnesses and documents tendered and admitted during the presentation of the petition.
He expressed optimism that the tribunal would do justice at the end of the day.
Atiku had approached the Supreme Court praying for an order to set aside the decision of the tribunal which refused to compel INEC to allow him access to the central server alleged used in the conduct of the presidential poll.
The senior lawyer told the five man panel of the apex court led by Justice Mohammed Datijo, that access to the INEC’s central server is germane to the joint petition of Atiku and PDP and urged the court to grant the request of the appellants by ordering the electoral body to allow access to its database.
However, President Muhammadu Buhari, represented by Chief Wole Olanipekun SAN, asked the court to turn down the request and to dismiss the appeal on the grounds that the appeal has become academic.
Olanipekun drew the attention of the court to the fact that the life of the appeal will expire tomorrow and even if the request is granted it will serve no purpose to the two petitioners since they have long close their case.
Olanipekun further told the court that parties will on Wednesday adopt their final written addresses at the tribunal after which a judgment date will be fixed.
The position of Olanipekun was, however, adopted by counsel to INEC, Yunus Usman SAN and that of the All Progressives Congress (APC) Charles Edosamwam.
Recall that the tribunal in a ruling on June 24 refused to grant the request of the petitioners on the grounds that doing so would amount to admitting the existence of the ‘controversial INEC central server’.
The tribunal in its ruling delivered by its Chairman, Justice Mohammed Garba further held that granting the application would be prejudice to the respondents in the petition.
Dissatisfied, the petitioners approached the Supreme Court to upturn the decision.
However, in a related development, the apex court struck out another appeal by Atiku and the PDP following the withdrawal of same by the two appellants.
At the resumed hearing of the appeal, counsel to the appellants, Eyitayo Jegede, informed the court that the appeal having not been argued within 21 days allowed by law has become statute barred.
The appeal SC/738/2019 was seeking to upturn the decision of the tribunal which held that the petitioners lost their right of objection to the APC’s application seeking the dismissal of their petition or expunge some parts of the petition having not filed a reply within the time prescribed by the law.
The withdrawal was not opposed by the respondents; INEC, Buhari and the APC.
Accordingly, presiding Justice of the five man panel, Justice Mohammed Datijo struck out the appeal.
The parties in the petition will tomorrow adopt their final written addresses to state their respective positions in the petition challenging the declaration of Buhari as winner of the February 23 presidential election.
The tribunal had adjourned till August 21 for adoption of final written addresses after the parties in the petition had argued and close their cases for and against the petition.
But the tribunal is expected to announce a date for its decision after parties have adopted their final addresses tomorrow.
Meanwhile, the Peoples Democratic Party (PDP) has reacted to Supreme Court ruling against appeal filed by its Presidential Candidate, Atiku Abubakar at the ongoing Election Tribunal.
The Peoples Democratic Party (PDP) and its candidate in the last presidential election had approached the apex court seeking permission to be allowed access to a supposed server.
The Justice Datijo Mohammed-led panel of the Supreme Court struck out the interlocutory appeal.
But this development came after the appeal was withdrawn by Mr Abubakar’s counsel.
Reacting, PDP, in a statement signed by its National Publicity Secretary, Kola Ologbondiyan, yesterday, noted that the main petition was still before presidential tribunal and has not been decided on.
The statement read: “The case that was determined today by the Justice Dattijio Mohammed led five-man panel of the Supreme Court, was an appeal filed by the PDP and Atiku/Obi on a ruling of the Presidential Election Petitions Tribunal concerning an application made by the APC to withdraw one of the replies made to the petitioners’ petition.
“The APC had erroneously made two replies to one of PDP and Atiku/Obi’s petitions but later came to the courtroom and apply to withdraw the very reply the PDP and Atiku/Obi had replied to, thereby adopting the one not replied to.
“This request was later granted by the Presidential Election Petitions Tribunal and the PDP and Atiku/Obi had gone to the Supreme Court, seeking the leave of court to grant the party fair hearing.
“Please, note that the main petition is still before the Presidential Election Petitions Tribunal and the adoption of the final written addresses by various parties will take place on Wednesday, August 21, 2019, at the Court of Appeal, Abuja, venue of the Presidential Election Petitions Tribunal.
“Important Information: It is also important for the general public to note that the PDP and Atiku/Obi have already done justice to ‘ALL’ the replies made to their Petitions by the 1st Respondent, (INEC), 2nd Respondent (Muhammadu Buhari) and the 3rd Respondent (The All Progressives Congress), in their final written address.
“The Issues for determination: Whether the 2nd Respondent (Muhammadu Buhari) was at the time of the election not qualified to contest the election; whether the 2nd Respondent (Muhammadu Buhari) submitted to the 1st Respondent (INEC) affidavits containing false information of a fundamental nature in aid of his qualification for the said election; whether from the pleadings and evidence led it was established that the 2nd Respondent (Muhammadu Buhari) was elected by majority of lawful votes cast at the election; whether the Presidential election conducted by the 1st Respondent (INEC) on the 23rd February 2019 was invalid by reasons of corrupt practices; and whether the presidential election conducted by the 1st Respondent (INEC) on the 23rd February 2019 was invalid by reasons of non-compliance with the electoral act 2010 (as amended) and the electoral guidelines 2019 and the manuals issued for the conduct of the elections.
My-ACE China, known as the Mayor of Housing, has won the 2024 Man of the Year. The award was announced by board of trustees of the DMOMA Awards Academy in Port Harcourt at the week.
The organisers also declared his company, the Construction and Housing Mayor Limited as the brand promoter of the year, the third in a row.
The award ceremony which was held at the Arena Event centre in the GRA area of Port Harcourt was attended by several dignitaries in the society.
The organisers led by Dr. Ezebunwo Nyeche (chairman) and Stephen Chidiebere Okoye (Awards organizer) said in a statement that China was picked for his support and impact to small and medium enterprises in Rivers State, his media footsteps and his consistent propagation and promotion of Rivers State.
They noted that China won over 10 prestigious awards in 2024 alone on his track to promote Port Harcourt as a brand destination and Rivers as a peaceful state.
Handing the award to China, the organisers said the Mayor of Housing always comes to the rescue of events that aim to promote Rivers State, saying the DMOMA Awards would be held in two more cities in 2025.
Responding, Mr China said there is need for more sponsorship of talents in Port Harcourt and the Niger Delta, saying what they lacked was support.
“There is more talent in Port Harcourt but there is more support in Lagos to artistes than in Port Harcourt. So, the top talents in Port Harcourt work 10 times harder than those in Lagos to attract sponsorship.”
He also said Nigeria has a treasure base which is Port Harcourt but that the treasure is not oil and gas but talents. He said he was highly elated to win the of Man of the Year Award with his firm winning brand of the year.
In an interview, My-ACE China said he was particularly impressed with the diligence demonstrated by the organisers and the processes they used to pick winners every year.
He also said the victory showed attention paid by the organisers to unveil the personality behind the corporate masquerade, not just focusing on the company. “It actually reaffirms one of my quotes that a brand can only grow as big as the character of the visioner behind it.”
On his plans to help Port Harcourt compete with Lagos, China said 2025 will meet him doing things with the youths of Rivers State to push the Port Harcourt brand in the social media and rally the traditional press to create a positive narrative of Rivers State beyond violence and political negativity.
“The Garden City has not been enjoying the best of media perception for some years now but this is the first time we have a governor committed to non-political bias in doing his work. He does not consider whether you are a member of his party or not before doing what is right. For the first time, we have a true father of the state to all, and he has been diligently following the blueprint that stakeholders developed at the last Rivers Economic and Investment Summit, making sure he is doing it without political cronyism.”
He said his company would be building the biggest estate and the best, the ‘Alesa Sustainable Smart City, to move from brand perception to brand experience so as to move Rivers State to the next level.
He appealed to entrepreneurs not to be carried away by the old perception but to join the new way. “Position yourself because there is going to be a boom. People are rushing into Port Harcourt and new entrants may take the ground. Think expansion not contraction, think investment not divestment. Else, you miss it.”
To fellow estate investors, he admonished them to gear up for regulation. “It is no longer going to be business as usual especially for land peddling and land grabbing. Try to grow up because tangible development is going to take over.
“It is no longer going to be who sells the most land but who develops the most houses. The housing deficit in the land requires effective land development strategies. Any serious land seller should grow into a housing developer because developments are going to be coming into Rivers State and a lot of people are coming into the state.”
He said those that have grown to be developers will be many times richer than those that are just starting or are mere land sellers and peddlers. People should also position themselves because all the foreign investments and local ones will take advantage of this influx.
“The value of influx is coming, so prepare and take advantage. Be one of those that are big enough to take advantage. Remaining small will not be good but grow big in your products, in your services, because the market is going to grow big.”
Rivers State Governor, Sir Siminalayi Fubara, has expressed shock and sadness over the death of a former military governor of the State, Major-General Godwin Osagie Abbe (rtd).
Late Abbe, who hails from Edo State, was military governor of Rivers State between August, 1990 and January, 1992.
Governor Fubara described late Gen Abbe as one leader who dedicated himself to the service and wellbeing of Rivers people and humanity during his administration in the State, saying that the death of the distinguished military officer, politician and administrator was a very huge loss to the State, the Niger Delta, and indeed, the entire country, having traversed the length and breath of the nation in the cause of his military and political careers.
“On behalf of my family, the Government and good people of Rivers State, I condole with the family of the Abbes, the Edo people, and the Nigerian military on the demise of this colossus, whose contributions to the unity, peace and development of the nation are legendary.
“While we mourn his painful exit at this difficult time, we pray for the eternal repose of his soul, and urge the family to take solace in the fact that late Gen Abbe lived a fulfilled life in the service of his fatherland.”
Wife of Rivers State Governor, Lady Valerie Siminalayi Fubara, has noted with delight that Rivers children are well behaved, and has admonished them to remain supportive of their parents while striving always to make a difference wherever they find themselves.
Lady Fubara gave the counsel at the 2024 Christmas Children Party, attended by children from the 23 Local Government Areas of the State, including non-indigenes, at Government House in Port Harcourt on Thursday.
The Christmas Children Party also witnessed the presence of Governor Siminalayi Fubara, who stopped over to share moments with them, walking from one canopy to another, waving at them, and at other times, shaking hands with them to leave lasting memories on them.
The Rivers First Lady pointed to the importance of the celebration of Christmas, which draws attention to the birth of Jesus Christ, demanding that people have a deep reflection of the love that is demonstrated and mission of the birth, which is to redeem mankind.
Lady Fubara recalled how she took out time to visit the University of Port Harcourt Teaching Hospital and the Rivers State University Teaching Hospital, where she appreciated God for safe delivery of children born on Christmas day while felicitating with the nursing mothers.
She also stated the valuable time spent with motherless babies when she visited the Port Harcourt Children’s Home in Borikiri, old Port Harcourt Township, and celebrated their meekness, innocence and the beauty they bring to the world.
She said, “Even today, as we continue the celebration, efforts were made to extend invitation to our children in all the 23 local government areas of our State. In doing this, children from all classes of society, including the physically challenged, have been offered the opportunity to sit together as brothers and sisters, play, eat and dance.
“Whilst contemplating the uniqueness of celebrating Christmas on a Boxing Day, steps were equally taken to provide gifts for the children who are there, and also to pray for them, a qualitative fun session that will last in their memories.”
Lady Fubara advised all children in the State to remember that Jesus came into the world to make a difference, advising that they must emulate him so that they can positively impact their families and society.
She urged them to pray fervently to God to bless and prosper their mothers, daddies, aunties and uncles to better cater to their needs.
She added, “Be humble, obedient and supportive at home. Do household chores, and don’t forget to make excellent grades in school next academic session. Children are the joy of every home, and we are glad to have beautiful, well-behaved children in Rivers State.
“Thank you all for witnessing this 2024 Children’s Party, and I pray God Almighty to protect, shield and keep you safe from all negative companies in the name of Jesus. I wish you a Merry Christmas and a Prosperous 2025. God bless you all,” she said.
Lady Fubara expressed appreciation to her husband and Governor of Rivers State, Sir Siminalayi Fubara, for his absolute commitment to the growth of children, and the immeasurable support that ensured that Christmas Children Party was a success.
There were performances by Virtue Dancers, Kalabari Iria dancers, Wonder Time Children of Opobo Kingdom, Children of Rivers State Council of Arts and Culture, Diseye the Poet and DJ Arnold.