Litmus Test: Will Delta State House Of Assembly Lick Vomit And Swallow Okowa’s Illegal Appointment

The Delta State House Of Assembly is caught in between the raging controversy over the illegal appointment of Samuel Azubuike Idah as Director General of DESTMA.

According to reports, the illegal appointment which didn’t follow due process, where appointees are grilled at the house of assembly before confirmation and swearing in, is being challenged in Court.

After the illegal appointment was uncovered by concerned deltans for good governance, Ifeanyi Okowa reportedly sent name to the house for confirmation.

“Governor Ifeanyi Okowa’s nomination of Cdr. Samuel Azubuike Idah (Rtd.) for confirmation as Director General of Delta State Traffic Management Agency (DESTMA) despite the fact that the incumbent DG, Mr. Stephen Dieseruvwe’s four year tenure will expire on June 2020, has set tongues wagging as to why the Governor is bent on flouting the Laws setting up DESTMA and in in violation of originating court summons just to favour his Ika ethnic kinsman, Idah, who had boasted all along that he will be the next DG, Ibebe Rufus reports.

The Governor’s curious nomination of Idah is also coming in spite of the fact that a human rights activist and legal practitioner, Omemiroro Ogedegbe, Esq has approached the Ughelli High Court 1 presided over by Hon. Justice Anthony Akpovi seeking a declaration that the purported appointment of Cdr. Azubuike Idah (Rtd) as DESTMA DG clearly violates section 12(1) and 12(3) of the DESTMA law 2013 which states respectively that “there shall be a Director General of the Authority (DESTMA) who shall be appointed by the Governor SUBJECT to the confirmation of the House “and” a person to be appointed DG of DESTMA must possess ten (10) years professional experience in traffic management (Idah lacks this).

It is curious that after been served by the Ughelli High Court 1 bailiff as 1st Respondent in the originating summons with suit No. UHC/171/019, the Governor, on same day (28th November, 2019) the matter was first heard by Hon. Justice Anthony Akpovi, still went ahead to send a nomination letter to the State House of Assembly (2nd respondent, also duly served the court processes), to confirm Cdr. Azubuike Idah (Rtd) as DESTMA DG.

The Governor in the letter read by the Speaker, Rt. Hon. Sheriff Oborevwori, said he was nominating Idah in exercise of the powers conferred on him by section 12(1) of the DESTMA Law 2013.

Equally, in clear violation of the subjudice nature of the matter before the Ughelli High Court 1 in which Delta State House of Assembly has been served as 2nd respondent, the Speaker, Rt Hon. Oborevwori, directed the “nominee” (Idah), to submit thirty five (35) copies of his Curriculum Vitae (CV) to the office of the Clerk of the House on or before Monday December 2, 2019 and appear for screening on Tuesday December 3, 2019.

The incontrovertible issue arising from this Imbroglio is that Mr. Stephen Dieseruvwe, who was appointed DG of the agency in June 2016 after being duly screened and confirmed by the Delta State House of Assembly, has not served his four year term of office, which ends in June 2020 and has not been officially relieved of his position.

TRIBAL SENTIMENTS?

Why is the Governor bent on violating the laws setting up the agency (DESTMA) and even disregard the Ughelli High Court 1 by nominating Idah, his Ika kinsman, when the tenure of Dieseruvwe, an Urhobo man, whose tenure is yet to expire?.

Investigations reveal that Idah, since September 23rd 2019, has been functioning as the DG of DESTMA, in clear violation of the Agency’s Laws of 2013, which Governor Okowa hastily tries to legalise by sending Idah’s name for confirmation on November 28 2019, days after having been served as 1st Respondent in the originating summons instituted by Omemiroro Ogedegbe Esq.

The human rights activist and legal practitioner is urging the Ughelli High Court 1 to “Quash” the appointment of Idah on grounds of noncompliance with the laws setting up DESTMA “as laws are made to be obeyed and not otherwise”.
Meanwhile, Justice Anthony Akpovi has adjourned the matter to January 21st, 2020 for adoption of addresses.

Meanwhile, in a related development, as published on his Facebook timeline, the human rights activist and legal practitioner, Omemiroro Ogedegbe Esq, said he has approach an Ughelli High Court with a motion on notice with Suit No. UHC/17/19 for an order directing all parties, particularly the 2nd Respondent (Delta State House of Assembly), to maintain STATUS QUO pending the hearing and determination of the substantive suit (UHC/171/019) already filed into court.

Omemiroro Ogedegbe Esq, not done in his quest for justice, also wrote a letter to the Speaker of the State House of Assembly, Rt. Hon. Sheriff Oborevwori, dated 28th November 2019 and titled “IN THE MATTER OF APPOINTMENT OF DIRECTOR GENERAL OF THE DELTA STATE TRAFFIC MANAGEMENT AUTHORITY BY THE EXECUTIVE GOVERNOR OF DELTA STATE AND REQUEST FOR CONFIRMATION OF CDR. AZUBUIKE S. IDAH (Rtd) WHILE THE APPOINTMENT OF THE PIONEER DIRECTOR GENERAL AND A LAW SUIT IS SUBSISTING”.

Excerpts of the letter reads as follows: “We urge you as the law making arm of the State to be cautious of deliberate attempts to comply with existing laws, as its breach will be in gross violation of the rules regulating proceedings before the State House of Assembly.

Read more: https://focusnaija.com.ng/2019/12/02/litmus-test-will-delta-state-house-of-assembly-lick-vomit-and-swallow-okowas-illegal-appointment/