A Yenagoa High Court Judge, Justice Doris Adokeme will on November 4, decide whether she has the jurisdiction to entertain a matter bordering on enforcement of fundamental human rights brought before the court by a journalist.
The publisher of a local tabloid, the Niger Delta Herald, Mr Francis Dufugha, had approached the court complaining about the abuse of his human rights by one Anthony Nwabuoke, the chief aide to the Bayelsa State Governor, chief Timipre Sylva by ordering soldiers attached to Joint Military Taskforce (JTF) to assault him.
Named as defendants in the suit were chief Timipre Sylva, the Commander JTF, and Mr Nwabuoke, whom the plaintiff is praying the court in a motion on notice to grant him leave to enforce his fundamental human rights.
He is also asking for an order to restrain the governor from enlisting his chief details or any other agent to harass, assault and intimidate him pending the determination of the motion.
The publisher, who is demanding one billion naira jointly from the defendants hinges his ground of relief on the breach of his constitutional right as guaranted under section 34 of the 1999 constitution.
Opposing the motion, leading counsel for the defendants, Mr. F.T. Okorotie, averred that the governor is covered by section 308 of the constitution and therefore cannot be sued for a civil or criminal matter.
According to the counsel, the second defendant, Commander of JTF is not a juristic personality because the outfit is not a creation of law but merely accepted and recognised as a body that lacks capacity to sue or be sued.
He, therefore, described the motion as abuse of court process, lacking in merit to be entertained, contending that the court also lacks jurisdiction to adjudicate on the matter and urged the judge to dismiss the suit.
However in his reply, plaintiff’s counsel, Mr. Anamso Attat, said the court has jurisdiction to entertain the matter, and cited 308 (1) C of the constitution, which allows the governor to be represented in matters but cannot be compelled to appear before the court.
Mr. Attat also submitted that JTF, like the Commissioner of Police, is a juristic personality because he is responsible for the actions of his subordinates.
Both counsels later submitted their written addresses which were adopted by the court, and the presiding judge, Justice Adokeme, thereafter fixed November 4, for ruling.
It would be recalled that the publisher, while taking photographs of personalities during the occasion of N100 billion Akassa Foundation Development Appeal Fund launch, was assaulted by soliders attached to JTF, allegedly on the order of the chief details to the Governor.
Dislodge Illegal Oil Refinery Operators, Wike Tasks Monarchs
Rivers State Governor, Chief Nyesom Wike has urged traditional rulers in the state not to allow illegal crude oil refining (Kpo-fire) activities to take place in their domains anymore.
Wike gave the charge at a meeting he held with traditional rulers in the state at the Banquet Hall of Government House, Port Harcourt, last Friday.
The meeting was also attended by heads of security agencies and chairmen of the 23local government areas of the state.
Wike told the traditional rulers that those involved in illegal oil refining activities were sabotaging the economy.
He regretted that the Federal Government, which controls the oil industry and the security agencies, has been indifferent to the soot pandemic and the damage it was inflicting on the health of the residents of Rivers State.
“I should think that the way Federal Government intends to fight insurgency is the way they should fight illegal oil bunkering, because it is sabotage on the national economy. Very big sabotage! It affects our own revenue.
“If we are supposed to produce two million barrels, for example, we are now producing 1.2million. And that 1.2million barrels, it affects Rivers State because we are not producing up to the volume we are supposed to produce, and then, we cannot get the money to do whatever you want us to do.”
The governor also said that illegal oil refining activities constitute environmental hazard capable of causing cancer-related illnesses in the state.
According to him, his primary concern was to ensure that the health of residents of the state was not jeopardised.
“It is the responsibility of the Federal Government to see how this thing can be stopped. As I speak to you, nobody has called me from the Federal Government to say how they can support us. But that is not my business. My business is the health of my people. I will not because the Federal Government is not interested to stop it, therefore, my people should die. If everybody dies, who are you going to govern?”
The governor, therefore, urged the traditional rulers not to be less concerned about the activities of illegal oil refinery operators, but to frantically mobilise members of their Community Development Committees (CDCs) and the leadership of their youth groups to work in synergy to dislodge them from their domains.
Wike berated the Nigerian Police for being complicit in the criminal act of illegal oil bunkering, which is why they were not committed to the fight to stop the illicit business.
He also described as embarrassing how officers of the Nigerian Security and Civil Defence Corps (NSCDC) have continued to be complicit in the act and shamelessly involved in sabotaging the national economy.
“I don’t know how I can be a security officer sent to a place to protect people, to protect whatsoever belongs to the Federal Government, at the same time, I’m involved in sabotaging the national economy. I don’t understand how I can wear uniform and be involved in that. If they do not want to support us, we have no choice but to expose all the atrocities that are going on in this state.”
Wike said he recently received intelligence that an Army Major was providing exit services to illegally refined petroleum products, and had to send security personnel to thwart it.
“In fact, I had to send my special security to go and intercept a major who was trying to escort some of these illegal products.”
The governor declared that his administration would not hesitate to expose any security personnel involved in such illegal oil refining activities.
Wike frowned at the inability of the Nigeria Police to arrest Chief W. J. Wocha; Fubara Ohaka; and other members of the illegal bunkering cartel operating at Ibaa community in Emohua Local Government Area.
He said the names of all indicted persons would be published soon and they would be declared wanted.
Rivers Rating In Ease Of Doing Business Rises -Banigo
Rivers State Deputy Governor, Dr Ipalibo Harry Banigo has said that the sub-National Ease of Doing Business Baseline Survey indicates that Rivers State was doing great in the Ease of Doing Business Index in the country.
Banigo stated this at the Port Harcourt International Airport, Omagwa, last Thursday, shortly after her arrival from Abuja, where she represented the State Chief Executive, Chief Nyesom Wike at the Nigerian Governors’ Forum and the National Economic Council meeting.
Banigo disclosed that the factors, which determine this survey, include infrastructure, security and healthcare.
“With the 10 flyovers the governor was constructing in Rivers State, and of course, with all the other infrastructure in health, education; and the monumental improvement in security as well as the clearing of the hideouts of criminals, obviously gave us a head way in doing very well in this baseline survey”, the deputy governor further stressed.
According to the public health physician, the response of the state to the COVID-19 pandemic, under the watch of the governor as the incident manager, has been tremendous in terms of healthcare delivery.
“I want to encourage the citizens of the state to maintain the non-pharmaceutical measures like the correct wearing of face masks, regular washing of hands with soap and running water for, at least, 20 seconds, social distancing, coughing and sneezing into one’s elbow as well as the improvement of personal and environmental hygiene. I also want to encourage Rivers people that vaccination actually reduces the mortality and morbidity that arises from COVID-19″, Banigo said.
Ex-Agitators Beg Firms To Return To N’Delta
Ex-agitators have pleaded with companies especially oil companies that relocated from the Niger Delta region following spate of insecurity triggered by militancy to return to the region promising uninterrupted peace.
The former warlords also called on interventionist agencies to work together to sustain the peace and ensure development of the region.
They spoke in Yenagoa, the Bayelsa State capital, during a regional peace summit to sensitize people on the need to advance the peace currently enjoyed in the region.
The ex-agitators also condemned proliferation of illegal refineries and lamented its adverse effects on development.
One of the participants at the summit and ex-freedom fighter, Pastor Nature Dumale Kieghe said as ex-agitators, who keyed into the vision of the Interim Administrator, Presidential Amnesty Programme, Col. Milland Dixon Dikio (rtd), they have resolved to work for a new and better Niger Delta.
“It is important to sensitize our people towards a peaceful Niger Delta and create a friendly environment that will attract development, Multinational companies and other foreign investors to the region.
“We, who once carried guns, are now here to preach the message of peace to our people in the region. Peace is the only way we can have the developed environment that we dream of. Peace is the only way to attract the multinationals, investors and also be gainfully employed,” he said.
According to Nature, peace remained a vital tool to attract investors to the region which would in turn create business and job opportunities for the people.
“Companies that have left the Niger Delta because of insecurity need to return, this is the purpose for sensitization. We are blessed with an environment that is supposed to prosper us, we can only enjoy our natural resources if there is a peaceful environment, “ he added.
Nature pointed out that a major setback to the development of the Niger Delta was the absence of proper coordination among key stakeholders.
He said with the right synergy, the Ministry of Niger Delta Affairs, the Niger Delta Development Commission (NDDC), Ministry of Environment, Ministry of Petroleum Resources, the Presidential Amnesty office, could hasten the needed development of the region.
On illegal oil refinery, Nature explained that beyond hampering the development of the region, illegal refining of petroleum products was life threatening and dangerous to the ecosystem.
The sensitization programme commenced in Bayelsa state with 150 Niger Delta youths in attendance and would be held across the nine states of the region to create adequate awareness.
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