₦airaland Forum

ashacot:


IPOB ANY HOPE?

SOUTH EAST PVC COLLECTED 7.1

KASTINA PVC COLLECTED 3.1

The Supreme Court on Tuesday affirmed the October 10 decision of the Rivers State High Court which nullified the May 12 congress conducted by the All Progressives Congress in the state.

The decision of the apex court also invalidates the May 19 to 21 local and state government congresses of the party.

The party officials elected in the state congresses eventually conducted the primaries that produced Tonye Cole as the governorship candidate of the APC in Rivers.

The Rivers APC is split into two factions, one loyal to a serving senator, Magnus Abe, and another to transport minister, Rotimi Amaechi. While Mr Amaechi’s faction produced Mr Cole as governorship candidate, Mr Abe’s faction produced him as the candidate.

In a unanimous judgment by a five-member panel, led by Justice Bode Rhodes-Vivour, the apex court allowed the application brought by Mr Abe’s faction. The court also dismissed a preliminary objection brought by the APC faction loyal to Mr Amaechi.

The court, which also struck out a number of related applications on the same issue, said it would give its reasons in three months.


The judges, however, noted that their decision is premised upon the fact that the issues brought before the court were pre-election matters.

The apex court agreed with submissions of the Magnus Abe-led faction through their lawyer, Henry Bello, that the applicants at the lower court ought to have brought their request within a stipulated period of 14 days after the October 10 decision of the High Court was made.

Although the court said it would provide further details about the judgment on a later date, Mr Bello told journalists that the decision of the apex court implies that parties would now return to the Court of Appeal where the lawyer believes that Mr Abe would be pronounced the eventual flagbearer of the APC in next month’s governorship election.

“The judgment delivered in four appeals at the Supreme Court today has confirmed the infallibility of the judgment of the High Court of Rivers State rendered on October 10, 2018, which nullified the congresses conducted in Rivers State in 2018 and the indirect primaries election conducted by APC in Rivers State.

“The implications of this decision is that the Ojukaye Flag-Amachree led exco have been automatically dissolved. Those parading themselves under the leadership of Tonye Cole as the candidate of the APC for the 2018 general elections are no longer the candidates.

“Subject to the decision of the Court of Appeal within the week by the grace of God, the faction led by Magnus Abe are the candidates of APC for the various positions in the 2018 General elections in Rivers State,” Mr Bello said.

How it started



On May 11, 2018, a high court in Rivers presided by Chinwendu Nwogu gave an injunction barring the APC from conducting its congress scheduled for the next day.

The party, from the faction loyal to Mr Cole, ignored the injunction and proceeded with the Congress on May, 12. The party also conducted other Congresses where party representatives loyal to Mr Ameachi emerged as flag bearers for the state elections.

In addition, the factional members challenged the decision in a motion brought before the Appeal Court on May, 15.

Following that request, on June 21, 2018, the Court of Appeal affirmed the Congresses conducted by the APC and nullified the injunction issued by the High Court.

Dissatisfied, Mr Abe’s faction challenged the June 21 decision at the Supreme Court.

Consequently, on October 22, the Supreme Court nullified the stance taken by the Court of Appeal and questioned the lower court for allowing a request by “applicants in breach of an existing court order,” according to the apex court.

But the APC members, led by Mr Cole, approached the court with yet another request, stemming from the same high court decision and again the Court of Appeal nullified the decisions of the lower court, relying upon certain factors including its earlier decision on June, 21.

It was this pronouncement by the Court of Appeal that prompted further appeals at the Supreme Court by factional members loyal to Mr Abe which resulted in Tuesday’s ruling.



The recent decision by the Supreme Court

The faction led by Mr Cole began losing their case at the apex court on February 8, four days after a Court of Appeal paved the way for them to be flagged as representatives of the party in the March 2 elections.

The Supreme Court nullified the February 4 decision, with other previous rulings, allowing APC members working with the Cole-led faction to partake in the elections.

The reason adduced by the Supreme Court in that February 8 ruling, seen by PREMIUM TIMES, was that the Court of Appeal ought to have dismissed the case, rather than deciding on it.

According to the apex court, applicants from Mr Cole’s faction withdrew their request after filing it at the lower court.

The apex court, whose February 8 ruling was prepared by Justice Ejembi Eko, faulted the decision of the Appeal Court to proceed with its order, despite the withdrawal of the request by lawyers representing Mr Cole’s faction.

The apex court ruled that the actions of the applicants at the appeal court was sufficient to warrant a dismissal of the entire appeal at the appellate court.

“Therefore the question in this appeal is whether the withdrawal of Appeal number: CP/PH/198/2018 is valid or authorized and what is the effect if same pursuant to order 11, rule 1 and 5 of the Court of Appeal rules 2016.”

The court cited the provisions of the aforementioned section to imply that the withdrawal of the appeal was tantamount to its dismissal.

“An appeal which has been withdrawn under this order, whether with or without a court order shall be deemed to have been dismissed.”

The apex court viewed that the appeal court was wrong in its actions and evoked section 22 of the Supreme Court rules which allowed it to revoke decisions termed wrongful by the lower court.

With Tuesday’s decision, the Supreme Court gave final verdicts on all formally pending requests at the apex court.

olapluto:
Add me WaleinPluto or Walezabest. You will see 2 cows head together. Lets play.

anjilgreat:
Wow! so you play words with friends. I accept your challenge.... username: joyful joyful

PaChukwudi44:
why did you create a thread when you don't have details? The same way you are rushing into conclusion on the Onnoggen's case
You want my response? Justice Onnoggen will remain CJN to swear in President Atiku on May 29

BossLadyF:
Nice one. I can't ever miss this.

This deserves front page

Ategberoson:
you're laughing right? I urge Igbo lawyers to boyscout the court sittings till onnoghen's suspension is reverse


pmb/pyo have been teaching some stark illiterate political 401 since 2014


where is that Pachukuwudi?

Escalze:
Waste of time.

We have ATIKUlated OBIdiently

…says, President deserves 2nd term

Mouthpiece of Northern Nigeria, the Arewa Consultative Forum (ACF) has endorsed the candidature of Muhammadu Buhari of the All Progressive Congress (APC) in the next Saturday poll.

It would be recalled that Professor Ango Abdullahi led faction of the Northern Elders Forum (NEF) had recently endorsed the candidacy of Alhaji Atiku Abubakar of the People’s Democratic Party (PDP).

ACF which prides itself as the political compass of the North said, it has carefully studied the antecedents of major presidential candidates, the manifestoes and policy documents of their parties, alongside the need for social, political and economic stability in the country, it has come to conclusion that, President Muhammadu Buhari deserves a second term to consolidate on his achievements.

The forum which declared its stand in statement personally signed by its Acting Chairman, Alhaji Musa Liman Kwande said, ACF’s stand was informed by the strides taken by the Buhari administration to improve and reposition the nation economically, with the multi-billion Dollar Mambilla hydropower project, the exploration of oil in Gongola Basin of the Benue trough, the Baro inland port, the North East Development Commission, the ongoing rail line projects nationwide, and other critical infrastructural development projects.

According to the statement, “In continuation of role of ACF as the political compass of the North, the leadership under the Chairmanship of Mallam Adamu M. Fika Wazirin Fika GCON, Chairman Board of Trustees of the Forum at a meeting today 12th February 2019, has evaluated critical national issues, especially the political situation in the country and its attendant consequences for the continued peace, unity and progress of our dear country Nigeria.

“The ACF takes note of the state of the political situation as the nation goes into another round of elections, where tensions are heightened as a result of intense campaigns, lobbying and horse-trading among political actors.

“The ACF takes special note that major political parties have nominated prominent northerners, for the February 16th 2019 Presidential Elections. The Forum has carefully studied the antecedents of major presidential candidates, the manifestoes and policy documents of their parties, alongside the need for social, political and economic stability in the country.

“The ACF is therefore, of the view that certain attributes such as clarity of thought, unity of purpose, content of character and morality of the candidates, their leadership qualities, performance and general acceptability of the candidates contesting for not only the office of the president of the Federal Republic of Nigeria but also for other elective offices should guide voters in making their choices.

“The decision on who to elect should not be based on any form of inducements, mob hysteria, intimidation or false promises, but by calm and deliberate consideration of the candidates’ qualities of leadership, performance and moral standing in their public and private lives.

“Furthermore, other considerations such as capacity to tackle security challenges, fight corruption, and boost the economy by way of diversification away from over dependence on oil, by infrastructural development in order to promote growth. The integrity of the candidate to raise the image of Nigeria in the comity of nations is equally important in the election.

“ACF also calls on the politicians and their supporters as well as the electorates to avoid all forms of violence before, during and after the elections. This is because violence is never a solution to any grievances. It not only destroys our democratic process but also lives and property. Democracy is a contest of ideas and reasons.

“Also, ACF urges the Independent National Electoral Commission (INEC) to live up its promise and assurances for credible, free and fair elections.

The Nigerian Bar Association, NBA, on Tuesday, urged the Federal Government to withdraw the non assets declaration charge it entered against the suspended Chief Justice of Nigeria, CJN, Justice Walter Onnoghen, before the Code of Conduct Tribunal, CCT.

The legal body, in a statement that was signed by its National President, Mr. Paul Usoro, SAN, asked FG to terminate further hearing of the matter at the tribunal and allow the National Judicial Council, NJC, to determine Justice Onnoghen’s fate.

The plea came ahead of the scheduled resumption of proceedings on the six-count charge the FG preferred against Onnoghen. The Mr. Danladi Umar-led three-member tribunal had on January 28, ordered the suspended CJN to ensure that he appeared before it on Wednesday to enter his plea to the charge.

The tribunal relied on provisions of the Administration of Criminal Justice Act, ACJA, to insist that it would not hear any of the applications that are pending before it, until the defendant appeared in person for arraignment. However, the NJC, at the end of its emergency meeting on Monday, said it would on the same Wednesday, reconvene to take a decision on corruption allegations against Justice Onnoghen.

Consequently, the NBA which is the umbrella body of lawyers in the country, implored FG to allow the NJC which is the organ with the constitutional powers to discipline erring judicial officers, to conclude its probe on petitions against the suspended CJN. Besides, the NBA noted that the CCT boss had in his response to a query from the Federal Judicial Service Commission, FJSC, contended that he is only answerable to the Presidency. It argued that the position of the CCT Chairman made it imperative for FG to respect the doctrine of separation of powers by withdrawing the charge and following the due process of the law.

“The Nigerian Bar Association again urges the Executive arm of the Federal Government of Nigeria to discontinue this Charge against the Chief Justice of Nigeria, Honorable Mr. Justice Walter S N Onnoghen, GCON, for the following reasons, amongst others: “First, as widely reported, one of the two petitions against the CJN that is currently before the National Judicial Council is an exact replica of the petition that motivated the CCT Charge. The second petition was reportedly presented by the Economic and Financial Crimes Commission a FGN agency. “We commend the FGN for adhering to due process by submitting the EFCC petition to the NJC for consideration. In like manner and in adherence to the law and due process, we urge the FGN to discontinue the CCT Charge and allow the NJC consider the initial petition which, as widely reported, has already been responded to by the CJN.

“Second, the Chairman of the CCT, Hon. Danladi Umar, in his response to a petition that was written against him and which was forwarded to him by the Federal Judicial Service Commission, states emphatically that he and his Tribunal are answerable and report only to the Presidency, by law and practice. He is absolutely correct. “An insistence, in the circumstance, on the CJN, the head of an independent arm of the FGN, standing trial before a Tribunal that is under the Presidency and is answerable only to the Presidency mocks the concept of and completely erodes the independence of the judiciary and the constitutional separation that should exist between the three arms of the FGN. “It is precisely for this reason that our Constitution created the NJC and we are pleased that the FGN has warmed up to the utilization of that due process, as illustrated by the submission of the EFCC petition to the Council.

“Third, and complementary to the two points afore-stated is the fact that the spectacle of having our CJN, while still holding that title, in the dock before the CCT or any other Court, truly diminishes all of us, not least the Executive arm of the FGN. “The NJC process allows an initial determination to be made on the petitions against the CJN and if His Lordship is found liable or wanting howsoever, appropriate sanctions would be imposed by the NJC including recommendation for his dismissal or retirement.

“In that event, he would no longer hold the office or title of CJN and could be prosecuted for any criminal infraction before the CCT or any other Court. An insistence on the CCT prosecution paints a picture of persecution of the CJN by the Executive and such a spectacle in no way ennobles the FGN Executive arm and/or its officials. Such a scenario should be avoided by all means. “Given these non-exhaustive considerations and facts, we press on the Executive arm of the FGN to please discontinue the Charge against the CJN when the matter comes up before the CCT tomorrow, Wednesday, 13 February 2019. “We respectfully urge full compliance with due process by FGN in this matter by allowing the NJC process to take its course in respect of the two petitions against the CJN –a step that has already, commendably, been embraced by FGN in respect of the EFCC petition”, the statement read.

Edo State Commissioner of Police, Hakeem Odumosun, has declared that investigation into the missing phone saga that led to pepper being inserted in the vagina of a female sex worker showed that no phone was actually missing.

The sex worker identified as 24 years old Favour Ada Friday was beaten and stripped naked by her accusers and raw pepper inserted into her vaginal despite her repeated denial that she didn’t steal any phone.

She was beaten after a native doctor through magical means said she was the person that stole the phone.

Three persons including head of vigilance group in Ugbiyoko community, Mr. Lucky Igbinovia popularly known as One Man squad, Joel Otoghile and Iyamu Kingsley have been remanded in prison custody over the saga.

Odumosun who spoke while addressing female protesters led by the International Federation of Women Lawyers (FIDA) and Edo State Commissioner for Justice, Prof. Yinka Omorogbe, said the victim was accused of stealing the phone just to extort money from her.


He assured the protesters that the police would carry out thorough investigation to ensure the case is not thrown out by any judge.

Chairperson of FIDA, Barr. Iryn Omorogiomwan, urged the CP to ensure investigations are expedited so that all the suspects are convicted if found guilty.

Edo State First Lady, Mrs. Betsy Obaseki, said the crime against Favour shocked human conscience and would not be tolerated by Edo people.

Mrs. Obaseki said her husband was very upset and angered by the incident.

Governor Godwin Obaseki who immediately signed the Violence Against Persons (Prohibition) bill into law assured that law would take its course.

Obaseki condemned the action and said his administration would not cover anybody no matter how highly placed.

izombie:
Buhari gathers crowd, it's love. Atiku gathers more crowd than buhari, they were bought. Op says atiku's crowd pull means nothing to him but he created about it.
Zombies are incurable. Buhari is daurarising this saturday.

Corrinthians:
I've drastically cut back on my activity here in the final stretch to D-Day. Wanna conserve as much energy as I can so I can laugh at and troll these cameroonians to death after the results are announced.

Excaperx:
Nothing, it's just too shout o togee up and down..

The truth of the matter is saraki will deliver Kwara to PDP both presidential, governorship and senate

kirkwood:
Had this dream that Buhari is going to lose this election to Atiku, but instead of accepting defeat, Buhari would be speaking long grammar. It would take the intervention of certain foreign elements for him to quit. But Atiku would definitely be sworn in as President.

Just sharing it here because all my dreams have come to pass. I will revisit this thread after the election.

Homeboiy:
Na this kind of his nonsensical attitude made those boys stab him