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Apo Killings: NHRC Rejects Order Against N135m Judgement
The National Human Rights Commission (NHRC) has asked a Federal High Court in Abuja to set aside its order of stay of execution of the commission’s investigation report which awarded N135million to relatives and victims of the attack and killing of some squatters in Apo, Abuja.
Justice Gabriel Kolawole had on June 27, 2014, in his ruling on the ex parte application filed by the State Security Services (SSS), ordered a stay of execution of the report.
The judge had equally granted leave to the SSS to apply for an order of certiorari to quash the decisions and awards contained in the NHRC’s report on complaint No: C/2013/7908/HQ.
The court also granted leave to the SSS to serve the commission with the originating motion, which is the main suit.
The NHRC had in its report released in April 2014, blamed the SSS and the Nigerian Army for the killing of eight and injuring of 11 of the squatters in an uncompleted building in September, 2014.
The security forces had attacked the squatters on the allegation that they were suspected members of Boko Haram sect.
The NHRC, through its counsel, Mr. Tayo Oyetibo (SAN), rejected the order of a stay of execution of its investigation report on the incident, arguing among others, that the manner of commencing the suit did not comply with the law.
The commission is praying for “an order setting aside the enrolled order of this court dated June 27, 2014 which was served on the 1st to 4th respondents/applicants on July 1, 2014.
“An order setting aside the service of the originating motion on notice dated June 30, 2014 which was served on the 1st to 4th respondents/applicants on July 1, 2014 doe non-compliance with the provisions of Order 3 Rule 12(1) and (3) of the Federal High Court (Civil Procedure) Rules 2009.”
It also faulted the orders made by the court on the grounds that it and its officials were erroneously listed as plaintiffs in the suit when actually they did not institute the suit.
The first to the fourth respondents to the suit which was instituted by the SSS for the review of the NHRC’s report of investigation are the commission’s Chairman, Dr. Chidi Odinkalu, its Secretary, Prof. Bem Angwe, another official, Saudatu Mahdi, and the NHRC itself.
Other respondents are, Global Rights, Human Rights Law Service, National Association of Commercial Tricycle and Motorcycle Owners and Riders Association, Federal Republic of Nigeria, Chief of Army Staff and the Attorney-General of the Federation.
The commission’s grounds for the application reads in part, “The applicant failed, refused, and or neglected to give the 1st to 4th respondents/applicants the notice prescribed by section 18(3) and (4) of the National Human Rights Commission (Amendment) Act 2010 before instituting the action in court.
“The enrolled order served on the 1st to 4th respondents/applicants described them (1st to 4th applicants /respondents) as plaintiffs in this case when this suit was not instituted by them.
“The enrolled order served on the 1st to 4th respondents/applicants is nullity.
“The condition precedent for the commencement of this proceeding has not been fulfilled.”
The commission added that the originating motion served on it and its officials were nullity as they were not certified and verified by the court registrar in line with Order 3 Rule 12(3) of the Federal High Court (Civil Procedure) Rules.
It also argued that the suit amounted to nullity on the grounds that it was not entered for hearing within 14 days of which the court granted leave for the suit to be instituted, as stated in Order 34 Rule 5(4) of the Federal High Court (Civil Procedure) Rules.
The NHRC had in the case tagged, Global Rights and 3 others vs. Federal Republic of Nigeria and 3 others, ordered the Federal Government to, among others, pay a total of N135million as compensation to the victims.
The SSS was expected to pay N10million for each of those killed and N5million to each of the 11 injured survivors.
But the SSS said it was never invited or interrogated during the preliminary investigations conducted by the NHRC in respect to the incident.
It added that it was not given a copy of the petitions lodged by the Global Rights, Human rights Law Office and National Association of Commercial tricycle and Motorcycle Owners and Riders Association.
The SSS, through its suit, is seeking to quash the report of the NHRC on the grounds that the commission was biased against it throughout the proceedings of the public inquiry as it was not given any fair hearing during the preliminary investigation.
The applicant also argued that the NHRC, not being a regular court, lacked the jurisdiction to determine the nature of the incident relating to criminal offences under sections 317, 318 and 319 of the Criminal Code and section 220 of the Panel Code.
The Rivers State Investment Promotion Agency (RSIPA) has unveiled measures to enthrone ease of doing business and win back the confidence of the business community.
The Director-General of the Agency, Dr Chamberlain Peterside, unveiled the plans at the Breakout Session of RSIPA at the ongoing 18th Port Harcourt International Trade Fair, at the Obi Wali International Cultural Centre, in Port Harcourt.
Dr. Peterside said the agency was poised to free the state from accumulation of wrong narratives that branded it over the years as unsafe for business.
He, however, admitted that many things had gone wrong in the past where regulators joined to make the business environment difficult for investors.
He announced that the agency was rather focused on actions, solutions, and results as adopted in the mission statement of the Board.
“Our task is no mean feat. We are dealing with the perception risk that over several years branded the state as unsafe. We are also faced with the challenges of dealing with the lack of cohesion amongst MDAs, policy inconsistencies, multiple taxation, incessant harassment by miscreants, red tape and delays in obtaining operating permits, high cost of operations and opaque public sector,” he said.
“It is about listening to the investors in the field and ensuring that MDAs are carried along, hence the imperative for the setting up of our One-Stop-Center”, he added.
In his remarks, the Commissioner for Commerce and Industry, Warisenibo Joe Johnson, who represented the state governor, said the Fubara administration was ready to listen to the business community to see ways of reducing impediments to investments.
He listed the stages of actions being undertaken by the governor as outlined in his 37-page blue print to revive the economy of Rivers State.
The Mayor of Housing, My-ACE China, who was presented at the event as a star investor and promoter of Rivers State reputation, said for the plans of the investment promotion agency to materialize, an enabling law should replace the Executive Order that established the Rivers State Investment Promotion Agency.
He said this would insulate the agency from political instability and remove fear in the minds of investors about its sustainability.
According to him, protection precedes promotion and Local Direct Investment (LDIs) is what attracts and promotes Foreign Direct Investment (FDIs).
“It is the rat at home that reveals to the one in the bush that there is fish in the kitchen”, he added.
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?The Mayor of Housing who is also the CEO of the Alesa Highlands Sustainable Green Smart City said that Port Harcourt is like a business empire under lock and key because it is not protecting its own and also not promoting its own enough for investors to come in.
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?In the area of land documentation and inventory, China urged Rivers State Government to borrow a leaf from Abuja and adopt the use of Geographic Information Systems (GIS) in dealing with land and property registration and documentation for ease of doing business.
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?He said Lagos understood the power of business information, adding “this creates the impression that if you are not doing it in Lagos, you are not doing it in Africa.
“We need to shout louder than Lagos, because we need more investments than Lagos and the structural integrity of Abuja. When you marry both, Rivers State would be wonderful and become green with investments,” he said.
In her speech, the President of Port Harcourt Chamber of Commerce, Industry, Mines and Agriculture (PHCCIMA), Dr. Chinyere Nwoga, called on the state government to look into the menace of parked trucks now turning Trans-Amadi into a risk zone.
She outlined the activities of the PHCCIMA and invited investors and businesses to the Port Harcourt economic hub, saying peace has returned.
The Director, Investors Relations of the Nigerian Investment Promotion Council (NIPC), Mrs Lovina Kayode, urged Rivers State to make haste and catch up on Ease of Doing Business, saying the Council has come to help businesses in the state.
Mrs Kayode, who represented the Executive Secretary/CEO of NIPC, Aisha Rimi, commended the Mayor of Housing and his counterpart, Mr. Oliver Biedima of Rainbow Heritage Group, for their decision to invest in Rivers State, saying it is a proof that Rivers State is safe for investors and their investments.
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In his remarks, Oliver Biedemi of Rainbow Heritage Group urged government to give the private investors chance to develop the economy, saying ordinarily government does not have the funds to develop the economy.
Happy Birthday Chief Barr. Nyesom Ezenwo Wike CON
Honourable Minister Federal Capital Territory
News
We’ll Drive Tinubu’s Vision in Rivers With Vigour – Fubara …Inaugurates Dualized Ahoada/Omoku Road ….Debunks Rift With RSHA
Rivers State Governor, Sir Siminalayi Fubara, has stated that he will lead Rivers people to galvanize support for President Bola Tinubu to drive the vision and objectives of the Renewed Hope Agenda in the State with vigour.
The governor, who joined the ruling All Progressives Congress (APC), on Tuesday, explained that his decision to join the APC was not for personal interest but for the overall benefit of Rivers State.
Fubara disclosed these while inaugurating the extension of the dualized Ahoada/ Omoku Express road in Ahoada East and Ogba Egbema Ndoni Local Government Areas of Rivers State.
He commended the contracting firm, Julius Berger, for timely delivery of the project, saying the project is a campaign promise fulfilled which will bring economic benefits to the people and tackle issues of insecurity associated with the route.
He said his administration has remained focused in delivering democratic dividends in the state despite facing glaring challenges.
The governor thanked the people of Ahoada East and Ogba Egbema Ndoni Local Government Areas for their continuous support, and urged his supporters to remain steadfast and also support President Tinubu who he said, has demonstrated love to Rivers State as a father.
Fubara denied having rift with the Rivers State House of Assembly, stating that his meeting with the lawmakers was stalled as a result of delay in the agreed meeting to be convened by former Governor Nyesom Wike and other stakeholders for him to meet with the state lawmakers.
“I have made every effort to meet with the Assembly members, but it is not within my leadership to initiate the meeting process.
“The arrangement was for my leader, Wike, and the elders led by Anabraba to call for a meeting with the the lawmakers.
“I’m a gentleman and principled. I can’t go behind to call them when we’ve already agreed. Whoever that tell them that I don’t want to meet with them, or I rejected proposal meant for them isn’t saying the truth,” Fubara said.
The Permanent Secretary of the Rivers State Ministry Works, Mr Austin Ezekiel-Hart, who gave the project description, said the delivery of the project was a fulfillment of long time dream by the people of Ahoada East and Ogba Egbema Ndoni Local Government Areas.
He said the road was previously a single lane and has now been dualised to 14.6 meters wide, complete with solar-powered streetlights with drainages.
He said the road significantly would reduce travel time between Ahoada and Omoku while improving economic activity in the region.
In his welcome address, Chairman of Ogba-Egbema-Ndoni Local Government Area, Hon. Chuku Shedrack Ogbogu, described the road as a symbol of unity, oneness, and development, thanking the governor for fulfilling his campaign promises.
On his part, the Managing Director of Julius Berger, Engr. Peer Lusbash, said the project was awarded to his company in 2023 with a completion period of 18 months which was achieved in best quality.
He added that Julius Berger enjoyed a good support from the Fubara administration, and assured to complete all ongoing projects being handled by Julius Berger on specification, especially the Ring Road project which is a legacy project.
