₦airaland Forum

SadiqBabaSani:
Are you sure you are not the one celebrating in ignorance. It is clearly stated that the suit is dismissed for lack of jurisdiction, which means the appropriate court where the case was supposed to be filed is not the court before whom it was filed

It can mean anything you wish to interpret.
A lower court had already decided the matter, the other party had appealled, the matter is before the appeal court who is about to rule on the matter, you approach another lower court which now lacks jurisdiction to entertain such matter before a higher court.

Wike boys were busy celebrating in ignorance

Certified True Copy of the Judgement of yesterday.

Validated:
The ex-legislators are now APC members. Even Tinubu told the Rivers elders that he cannot deny those who have "willingly" joined APC. By the reason of their defection, they lost their seats.
As it stands now Fubara has stopped funding their stupidity. So they are now like BATs, not a land or air animal.

Tony Okocha, the caretaker Chairman of APC in Rivers also confirmed on air, Niginfo and Classic fm that the 27lawmakers had all done the needful by registering in their various wards as APC members

Where 27 lawmakers of the Rivers State House of Assembly publicly announced their defection from the PDP to the APC, a denial by the NWC of PDP that these lawmakers did not defect could potentially be viewed as being mischievous or disingenuous. This is especially true when there is clear and public evidence, such as the lawmakers' own announcement of their defection, supporting their decision.

The public announcement made by the lawmakers themselves serves as a direct statement of their intentions and actions. If the PDP were to deny this fact without substantial evidence to the contrary, it could be perceived as an attempt to manipulate the situation or sow confusion regarding the lawmakers' actual affiliations.

Additionally, if the lawmakers assert that they did not defect under duress and there is no compelling evidence to suggest otherwise, the denial by the PDP may be viewed as an act of defiance against the lawmakers ability in making political decisions.

In legal proceedings or public discourse, credibility and transparency are crucial factors. Denying a clear and public event, such as the lawmakers' announcement of defection, without strong evidence to support the denial, may damage the PDP's credibility and weaken their position in the dispute over the lawmakers' defection. Therefore, the eventual call for the resignation of all members of the NWC of the PDP would be eminent and necessary

In the circumstance, where 27 lawmakers of the Rivers State House of Assembly publicly announced their defection from the PDP to the APC on national TV and then a suit was filed in court seeking to declare their seats vacant due to defection, the likely judicial interpretation would be based on the relevant laws and legal principles governing defection in Nigeria.

Under the Nigerian Constitution and the Electoral Act, there are provisions that regulate defection by elected officials. Section 68(1)(g) of the Constitution states that a member of a legislative house SHALL vacate his seat if he ceases to be a member of the political party that sponsored his election to the house. The Electoral Act also provides guidelines on defection and the consequences thereof.

In this case, the court would likely consider the following factors:

1. The public declaration of defection by the lawmakers on national TV.
2. The submission of resignation letters by the lawmakers from the PDP.
3. The legal provisions on defection as stipulated in the Constitution and Electoral Act.

If the court finds that the lawmakers indeed defected from the PDP to the APC based on their public declaration and submission of resignation letters, it may interpret that they have triggered the provisions for vacation of their seats as stipulated in the Constitution. The court may declare their seats vacant in accordance with the law.

However, if the NWC of the PDP claims that the lawmakers are still members of the party and have not defected to the APC, the court would have to carefully examine the evidence presented by both parties to determine the actual status of the lawmakers' party affiliation. The burden of proof would be on the PDP to demonstrate that the 27 lawmakers have not defected if the PDP contests their defection.

This will be a very difficult task for the PDP. Presenting party register and claiming their names are still on the PDP membership register is neither here nor there.

Ultimately, the final outcome of the case would depend on the evidence presented, the interpretation of the relevant laws, and the decision of the court based on the facts and legal arguments before it. The court would strive to uphold the rule of law and ensure that justice is served in accordance with the provisions of the Constitution and the Electoral Act.

The Rivers State High Court in suit No. PHC/1320/CS/2024 Between Hon. Enyiada Cookey-Gam & 6 Ors .V The Governor of Rivers State & Ors.by His lordship: Hon. Justice D.G. Kio Ph.D, Judge sitting in High Court Port Harcourt, held that the Local Government law No. 2 of 2024, purporting to extend the tenure of Local Goverment Chairmen for 6 months after the expiration of their tenure is invalid as it is inconsistent with the 1999 constitution and section 9 (1) of the Rivers State Local Government law No. 5 of


The Court further held that the applicable law in the circumstances is the Rivers State Local Government law No. 5 of 2018 that fixed three years tenure for local Government chairmen and councillors and not the local government law No 2 of 2024 which was enacted to unlawfully extend their tenure. It was also held that such extension was contrary to their oath of office.



https://punchng.com/just-in-court-nullifies-tenure-extension-for-rivers-lg-chairmen/

Eteka1:
there must be a good reason why the retention is pending. The awarder of the contract holds onto the retention fee to ensure that contractor meets agreed specifications. The point is, this is not a debt but a retention. If the new government thinks the roads in question are okay after a reasonable period post-completion, they should release the retention to the contractor and stop the stupid propaganda.

There are a lot this government may not come out to say in the media but trust me, you won't want to get the details of what's been going on behind these award of contracts and payment to contractors. Take it or leave it, the retention sum of whatever you want to call it had been signed off by the last administration and monies pocketed by someone else other than the contractor. I rest my case

Eteka1:
there is no fixed timeframe. It's agreed in contract awards depending on the type of project involved.

A project that was awarded and completed within the first tenure of Wike's administration and after 8 years you're still talking about retention sum? For your info, maximum number of years for retention sum is 2 years except otherwise stated in the contract agreement.

For the contractor to wait until after the administration of Wike (almost 7 years after) shows something is wrong somewhere.

Eteka1:
This is the first time where correspondence stamped at the Governors office and sent directly to the Governor is released to be used for unintelligent deception and social media hype. Whoever released that letter is either brimming with ignorance or banking on the silence of those that know better.

The letter clearly states the money in discussion is money held for "retention".
Retention is 5% of the contract sum kept by the Government for a period, it is released at the expiration of the defect liability period of a project and is done for ALL projects.

The project in this letter was executed at N5.28bn, 95% of the project sum was paid, the project was completed and commissioned and the retention (5%) was kept as is the norm.

I can tell you with certainty that the SIM Government is in possession of the 5% retention for the old Bori road he just commissioned and will do the same for all other projects he will commission.

Finally, the funds for this project was fully approved by Wike and the 5% retention which is what is reflected in this paper from Governor SIM's office was held by the Accountant General who happened to be the same SIM.

- Marshal Obuzor

What's the required number of years a government is allowed to withhold retention sum?

The resignation of those commissioners is a welcomed development. This only proves one thing, that Wike's third term agenda in Rivers has completely and woefully collapsed.

Predict Wike's next mistake and win an iPhone

For me:
1. Supporting the current PDP acting national chairman, will be the next mistake.

2. Making Tony Okocha the Chairman of APC caretaker chairman in Rivers State.

3. Accepting to serve as a minister under PBAT

4. ...

To whom it may concern,

It has come to the attention of the government of R State that certain individuals and groups within our state have been engaging in the reprehensible behavior of issuing insulting remarks directed at the Governor of R State. These derogatory remarks have the potential to incite violence, disrupt public peace, and undermine the fabric of our society.

Let this serve as a stern warning to those individuals and groups: such actions will not be tolerated. The government of R State hereby demands that all individuals involved in making insulting remarks against the Governor desist from such behavior immediately. Failure to comply with this directive will result in severe consequences.

Henceforth, any individual caught issuing insulting remarks against the Governor will be swiftly apprehended by law enforcement authorities and prosecuted to the fullest extent of the law. The government of R State is committed to upholding peace, order, and respect within our state, and we will not hesitate to take decisive action against those who seek to sow discord and disharmony.

We urge all residents of R State to conduct themselves with civility and respect towards our leaders and fellow citizens. Let us work together to build a harmonious and prosperous society for all.

This warning is not to be taken lightly. The government of R State is resolute in its commitment to safeguarding the peace and stability of our state, and we will not hesitate to enforce the law to maintain order and justice.

Signed,



Disclaimer
This is a fringement of the writer's imagination and not officually from any state government

Funny PDP who allowed Tinubu to profer a useless peace accord to a PDP governor while they stood aside and watched helplessly. What do they now want to say exactly?

Fineman2:
MARRIED WOMAN SEEKS ADVISE AFTER MISTAKENLY SLEEPING WITH NEIGHBOR FOR FINANCIAL AID


Family Matters on Splash105.5FM Ibadan

https://www.facebook.com/61550192202878/posts/pfbid0m8FfiBb5N5CRYoi59qX7NdrQT4gXBTikn3WGqGMfurur9UjPeRwVW4VEh5Yxexxgl/?app=fbl

If she's truly sincere and remorseful of her unfortunate deed, let her copy the whole line as she'd stated here and relay everything to her husband. She should tell him the whole truth and nothing but the truth. If he can chest it, they should take the gift from the man, he should just ignore the stupid man whose wife is probably being hit by someone else abroad and then they should relocate to another state and invest in a better business.

His supporters would soon become the greatest losers in state politics

Vows Wike made on Rivers politics, how he reneged on them

The political battle between Wike and Governor Fubara has disrupted governance in Rivers State.

By Cletus Ukpong

With the ongoing political tussle between the former governor of Rivers State, Nyesom Wike, and his successor, Siminalayi Fubara, PREMIUM TIMES takes a look at the vows Mr Wike made publicly on the succession politics in the oil-rich state while he was still in power, and how he reneged on them.

Vow Number One: ‘I’ll not put a successor in office’

Nigerian governors always want to handpick their successor after completing their tenure in office. They do this for many reasons such as maintaining control of the state’s resources and political structure, covering up for whatever atrocities they may have committed while in office and having some political relevance when they are out of office.

In September 2018, during an interview with the then Governor Wike in the Rivers State Government House, Port Harcourt, PREMIUM TIMES raised some issues around succession politics in the oil-rich state. The governor, seeking re-election then, said he would not put a successor in office.


Here is how the interview went.

PT: If you win re-election in 2019, after your tenure, will you support a riverine person to emerge as governor?


WIKE: Fine! When we get to the bridge, we will cross it. There’s nothing wrong with the riverine people becoming governor of the state. You see, I work as a team. I don’t want to deceive people, we must sit down to agree, and which is correct; not one person sitting down to dictate. They are really qualified. They have supported the PDP, and when the time comes I will do everything to support them. If you want it to go the riverine, allow the riverine people to bring anyone, and not you choosing someone for them.

PT: Does it work that way? Isn’t it the governor who determines who succeeds him?

WIKE: Let me tell you today, I will not put a successor in office.

PT: You are on record!

WIKE: Yes, I am on record! My friends and colleagues, they know me and I have told them I am a student of history. Mention who has survived it – that you put your life at stake and bring up somebody to become the governor, and therefore you’ll be in charge and he will protect you! It is not correct! As a student of history, I know it does not work that way. I’ll do what I have to do to serve my people and will retire when my time has come to an end, those who want it let them go and take it. Let the people of Rivers State decide. That’s the problem we are having in Nigeria, people want to continue as godfathers.”

Mr Wike, in that interview, did not only vow to allow the people of Rivers to freely elect his successor, but he also said that former governors who try to exert political control over their successor do not “survive it”. He went further to say that governors who “want to continue as godfather” are the problem of Nigeria.

Broken vow

Mr Wike, in the heat of his power tussle with Governor Fubara, disclosed how he handpicked Mr Fubara as his successor, adding that he did not regret it. He said he had forced other PDP aspirants to drop their governorship ambition because of Mr Fubara, who was then the state’s accountant-general.

“He (former chairperson of PDP in Rivers, Felix Obuah) was one of the frontrunners in the 2023 governorship election. I told him in my house to step down so that he wouldn’t run. He looked at me but I said you won’t run. He said if that was what I am saying he won’t run. But I say you will be DG, go and campaign for that election,” Punch newspaper quoted Mr Wike as saying, early this month.

Mr Wike, who is now the minister of the Federal Capital Territory, even said that he bought the governorship election form for Mr Fubara and others.

“I was the one who paid for the forms for anybody who wanted to run for elections as governor, House of Assembly and National Assembly. Let one person raise his hand and say he bought forms,” the minister said.

The minister is treading a familiar path in Nigerian politics where politicians do not mean what they say and refuse to be bound by their words – he had clearly broken his vow to allow the Rivers people to freely elect their governor.

Vow Number Two:

In March 2023, while Nigeria was preparing for the inauguration of the newly elected governors, Mr Wike told Nigerians, through a Channels TV interview, that he would not interfere in Mr Fubara’s administration.

“We have seen successors turn against their predecessors in politics, will you be worried if that happens to you?” Chamberlain Usoh of Channels TV asked Mr Wike, who was still the governor then.


“Why? Is he serving me? Was he born to serve me?” Mr Wike responded.

“He is to serve the state. The problem leaders have is that you’ve succeeded in supporting the person to be in office, is it for him to fail or to succeed? You want him to be coming to your house to be taking orders. When once you have left office, you give yourself that respect. If he wants my advice, it’s okay. If he doesn’t want my advice, it’s okay. For me to tell him he must do this, he must do that – that is not acceptable,” Mr Wike added.

Another broken vow

Mr Wike has not only been interfering in Mr Fubara’s administration since inception like handpicking many of the commissioners, but has succeeded in ridiculing Mr Fubara and putting a question mark on the governor’s legitimacy and the integrity of democracy in Rivers during the political crisis in the state.

The nine former commissioners who resigned from Mr Fubara’s cabinet are back (with two resigning again recently) to the government and may make history in Nigeria as the first set of officials to voluntarily resign their appointment to spite a governor, and then force their way back into the same cabinet.



https://www.premiumtimesng.com/features-and-interviews/659600-analysis-vows-wike-made-on-rivers-politics-how-he-reneged-on-them.html

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vanitybutiwanti:
Go and read the letter, it was stated that a least was attached to that letter, I'll tell you for free that if you go back to the 2021 exco lists in pdp national, you'll discover that it contains the same names that was published in the national dailies, that's how tight wikes game is, fubara made a mistake and he keeps making unavoidable mistakes. Wikes team are paying attention to detail and they seem to have the upper hand, rumuor has it that if he tries to fight the lga chairman after June 17th, their allocation will be sent directly to the lga account under the supervision of the chairmen. Honestly, the fight is unnecessary, how is it that with all the money at his disposal, 27 rep members, 21 lga chairmen, 3 senators and 8 Federal members are against him? These are people that worked day and night to make him governor.

No, Wike's men are planted as moles in all areas within the Fubara's camp. It's going to be a tough one for Fubara to come out of this trap he finds himself. But wetin concern me, I'm not in any camp, neither am i in any party. We're just watching as observers.


Beyond the Commissioners resgning, I would have also prosecuted them for aiding or acting against the government's interests. Leaking classified information and unauthorized disclosure of sensitive government data, which can have serious legal consequences.

vanitybutiwanti:
The authentic list Has been published by the pdp in national dailies and their official website, I don't know what you mean by authentic list, I hope you're aware that the other faction are also rooted in APC? Anything he does is to his detriment, its best for him to decamp at this point because pdp big wigs do not trust him, money is not everything, I heard he went to wadata with truckload of cash but he could not get his way.

As long as there was a resolution that ALL ward and LGA excos member whose tenure had just expired should continue in office as CTC excos, any other persons or group of persons who's names or who was not part of those excos is an unnecessary inclusion and must be removed from the list. That is where the issue lies. Allow the excos continue in office without inclusion of alliens. Wike and the NWC had deliberately removed some excos who were to continue in office and replaced them through the back door with other names and persons who were not there before.

vanitybutiwanti:
True but remember some nominees were rejected in Lagos state by the speaker obasa, it took the intervention of sanwolu and the president for the issue to be resolved, the part of the Constitution you quoted comes into play if there's no feedback from the House, I'm sure they will be promt feedback if fubara sends nominees to the house.

You also wanted my response on the PDP NWC stand on Rivers List Right?

This is where I partly blame SIM's political strategist cos, if na me,

I for dey clap for PDP NWC decision cos

1. In a matter of days, you would have seen another FHC order stopping the PDP NWC from acting on the purported Rivers list in question. Two different Court Orders, one list

2. I will institute a Suit barring PDP from ever holding or organizing Ward, and LGA congresses throughout the state until and unless the authentic list of caretaker committee members are restored

3. I will make sure this case drags on until the statutory time frame for congresses to be held is exceeded

4. ...by the time I'm done with them a political solution will spring up while all legal matters are withdrawn immediately....!!!

Rubbish..!!!


That is when they will realize that the court lack the power to interfere in an internal affairs of a political party. That order ought to have been vacated but since they intend to use it to buy time and intimidate SIM, I will throw it back at them

Hoelujohn:
The house of assembly might not approve them

Read the constitution, that shouldn't bother the governor, he can override them

honestivo:
They have to

All of them should use this opportunity to finally resign for fresh appointments to be made.

Isaac O. Kamalu, former Rivers commissioner for finance has also tendered his resignation letter from the Rivers State Executive Council

Details shortly

It's time SIM overrides them as well if and when he sends his Commissioners nominees to the house and they refuse to confirm them. The constitution says they're deemed to have been appointed by the governor as long as their names have been put forward to the house and after 21 days no response

LadyExcellency:
Reshufflement doesn't need the approval of the House of Assembly. He will be using an already-confirmed commissioner for the post.

That's a good one, I didn't even look in that direction. Who among the already confirmed commissioner is a Lawyer?

Modified
Ok, the current commissioner of Sports, Barr. Green is a Lawyer

vanitybutiwanti:
Till then, the Rivers state house of assembly members are not novices.

We're all cutting our teeth in politics.

We, me and you including them and the Governor are all novice.

favor914:
Mumu Fubara doesn’t have an idea the demons that made him king, that he is purportedly fighting today.

I believe the local government reform law has been passed abi?

History shows the world has had more wicked and demonic kingmakers in the past. Go and read how they all ended. No man can play God for ever. The builders of the world famous Titanic boasted that not even God can sink the ship but an iceberg did the unimaginable.

favor914:
Mumu Fubara doesn’t have an idea the demons that made him king, that he is purportedly fighting today.

I believe the local government reform law has been passed abi?

There's nothing in the amended LGA law. A mere academic exercise and political rascality in futility.

vanitybutiwanti:
There's nothing like section 192(6) and in the text you dropped here it was stated that the names has to be sent to the Assembly for confirmation and it shall be deemed to have been made where no return has been received in 21 days?

What if he sends the names and a member of the house drops to petition against the nominee just like the El Rufai case? And backs it up with a court judgement preventing the nominee from being sworn in?

In any case he has not sent any names and nowhere was it stated that he can outrightly employ commissioners in acting capacity indefinitely, read the clauses of the law you dropped

I meant to say section 192(5) didn't realise I had (6) instead. Correction noted. My point is, the Governor can go ahead to appoint Commissioners and as long as they await confirmation from the HOA they can function and act temporary if the house fails to confirm them. No petition whatsoever can stop them from functioning. Ibrahim Magu acted as EFCC chairman for almost the Buhari administration despite NASS rejection of his nomination