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LG Polls: ‘Why Appeal Court Struck Out APC’s Suit’
The Court of Appeal sitting in Port Harcourt, Rivers State on Monday gave reasons why it struck out the appeal brought before it by the 22 All Progressives Congress local government council chairmen in the state challenging the nullification of their election by the Federal High Court presided over by retired Justice Lambo Akambi in July 2015.
The lead judges of the three-man panel of judges of the Appeal Court in Port Harcourt, Justice Teresa Orji Abosua said the court struck out the matter based on what she described as administrative error in assignment of wrong case number in filing of the appellants’ suit”.
According to her, the court consequently ordered the sacked 22 APC local government council chairmen to file a fresh appeal to regularize the process of their appeal.
The court took the decision following the observation made by the state Attorney- General and Commissioner for Justice, Mr Emma Aguma (SAN) who represented the defendants in the matter.
He drew the attention of the judges to the Appeal Court number wrongly inserted in the motion of notice paper of the appellants which according to him was a subject matter scheduled for hearing for the day.
The Senior Advocate of Nigeria said my Lords, there was no need for the motion before us, since the motion was seeking for the leave of the court to grant them court of Appeal number for the case, and here my Lords, They have gotten the number.
The state Attorney-General and Commissioner for Justice prayed the court to strike out the matter, and direct the applicants to withdraw the motion even as he sought for the court to award N50,000 cost against the 22 applicants for obtaining the Appeal Court number through a mischievous way.
However, in his submission, counsel for the 22 APC chairmen, who are the applicants in the matter, E.A Yohelp (Esq) did not oppose the views of the state Attorney-General and Commissioner for Justice on the withdrawal of the motion but objected to the award of N50,000 cost against the applicants as canvassed by the learned Senior Advocate.
The applicants’ counsel hinged his arguments on the fact that the error noticed by the court was not the making of his clients, but rather an administrative one.
Satisfied by the submissions from both counsels, Justice Abosua struck out the matter but however refused to award any cost to the applicants as canvassed by the state Attorney-General.
It would be recalled that the 22 APC council chairmen in the state went to the Appeal Court to challenge the nullification of their May 23, 2015 election by the Rtd Justice Lambo Akambi’s judgement delivered on July 9, 2015.
Speaking to journalists shortly after the ruling, Counsel to 22 APC Local Government Chairmen, E.A Yohelp said he withdraw the motion after he noticed the administrative error by the court register, adding that the import of the ruling was that it would give the applicants the opportunity to put their house in order and bring back a fresh appeal before the court.
Also speaking, the state Attorney General and Commissioner for Justice, Hon Chinwe Aguma (SAN), opined that the learned justices of the Appeal Court were right in their decision to strike out the suit, adding that the ruling was in conformity with the ruling of Rtd Justice Lambo Akambi and the Industrial Court in Bayelsa State.
According to the learned Senior Advocate, with the development now, this suggests that there was no appeal against the dissolution of the LGA before the appellant court by the applicants, until they do so, if they have the will to do so.
Addressing newsmen after the judgment, Rivers State Attorney General, Emmanuel Aguma, SAN, described the Appeal Court judgement as a confirmation of the judgment of the Federal High Court which declared council polls illegal.
The Appeal Court declared that the suit filed by the former council chairmen lacked competence and was therefore dismissed.
It will be recalled that former Rivers State Governor, Rotimi Amaechi had circumvented the law by illegally conducting local government council elections less than one week before the handing over on May 29, 2015.
PDP had filed a suit against the conduct of the council polls at the Federal High Court in Port Harcourt. Despite a court injunction stopping Amaechi, he went ahead to conduct the illegal election.
News
PDP Opobo/Nkoro Hails Fubara On Peace, Projects
Stakeholders of Peoples Democratic Party (PDP) in Opobo/ Nkoro Local Government Area of Rivers State have commended the state Governor, Sir Siminalayi Fubara for his disposition that has fostered peace in the State.
Rising from an expanded stakeholders meeting last Saturday in Opobo Town, the body in an eight-point communique signed by its Chairman, Hon. Benneth Daminabo, Chairman of Council, Rt. Hon. Enyiada Cookey-Gam and LG party Chairman, Warisenibo Godwin Pepple commended the governor for linking Opobo/Nkoro LGA to the national grid.
In addition, it lauded the effort of the governor in pursuing the 50.15 kilometre Dual Carriage Ring Road, Elelenwo internal road, Aleto-Ebubu-Eteo Road in Eleme and Andoni Road projects.
Despite the distractions, the stakeholders said they were impressed that the governor had equally done projects in health-the unveiling of Prof. Kelsey Harrison Hospital, Agric projects at Tai and Oyigbo and improving welfare of civil servants.
In their words, “members reaffirmed their unalloyed loyalty and implicit confidence in his administration.”
Condemning the unfriendly and discourteous utterances of Senate President, Godswill Akpabio and Tony Okocha in different fora in the State, the forum urged the duo to desist from such action in order not to heat up the polity.
The forum pledged to stand by the governor through, “thick and thin”, the stakeholders acknowledged the contributions of women, who through prayers for the government has impacted positively in the direction and posture of the governor.
Finally, the forum unanimously expressed gratitude to the Simplified Movement and other bodies that have thrown their weight behind the governor to ensure that the administration is stable and successful.
By: Kevin Nengia
News
‘Rivers People Are Now Breathing Fresh Air Under Fubara’
Aformer Caretaker Committee Chairman of Abua/Odual Local Government Council of Rivers State, Hon Elamo Arogu, says under Governor Siminalayi Fubara, the people of the State are now breathing fresh air.
Hon Arogu said Governor Fubara has given Rivers people hope, considering the impactful and people-oriented projects being carried out by his administration.
The former CTC chairman made the assertion during the Simplified Movement’s thanksgiving service and rally held in honour of Rivers State chief executive last Friday in Abua .
Arogu said under Governor Fubara, the Abua/Odual people have the confidence that the dividends of democracy will definitely get to them.
He noted that the Governor has the strong will to change the narrative in Rivers State, being the reason he is receiving massive support across the State.
“The people of Abua/Odual are strongly behind him. Our doors ate open for everyone because there is government in place to attend to the needs of the people. I believe that he will develop Abua/Odual and other Rivers council areas, hence, the massive support. This government is business- oriented and we are ready to encourage him succeed and invest in our land. The issue of a bank; road networks and other necessities of life bordering on development as demanded by the people will be considered by Governor Fubara”, he said.
He called on the opposition to team up with Governor Fubara to build a stronger, united and viable Rivers State.
He maintained that ward nine under his leadership is Simplified.
News
Rivers State University Cooperative Society Elects New Leaders
The United Port Harcourt Peoples Cooperative Investment & Credit Society Limited, Rivers State University, Port Harcourt, has elected new leaders to pilot the affairs of the cooperative for the next two years.
They are Pastor Dr. Barine Aeba (President); Dr. Gift N. Nkweke (Vice-President), Dr. Kenneth Chima Adiele (General Secretary), Victor G. Banigo (Assistant General Secretary),
Rose Yeyeda Nwosu (Treasurer), Adaku Nwogu (Financial Secretary) and Stella Ereba (Public Relations Officer).
Inaugurating the new Management Committee after a keenly contested election held recently at the University Amphitheatre, the Director of Cooperatives in Rivers State, Dr. Elizabeth Chidi-Wike, congratulated the seven-member Executive for emerging winners at the election, charging them to uphold the bye laws of the Cooperative Society and hold regular congress meetings.
Dr. Chidi-Wike used the forum to commend the outgone Management Committee for reviving the Cooperative and placing it on an enviable pedestrial.
In her remarks, the Acting Registrar of the University, Mrs. Ibimonia Sotonye Harry applauded Cooperative members for keeping faith with the Cooperative Society, stressing that the goal of the society in helping members save for retirement cannot be over emphasised.
In his valedictory speech, the outgone President, Dr. Mie-Idala Jones Amachree expressed gratitude to God for the successful completion of his four-year tenure, thanking his fellow Management Committee members who gave him the needed support that transformed the Cooperative Society.
In his acceptance address, the President, Pastor (Dr.) Barine Aeba thanked the university management for providing the enabling environment for the peaceful conduct of the election, pledging that he will fulfill all his campaign promises.
A total of 165 Cooperative members participated in the electoral exercise which was conducted by an Electoral Committee led by Engr. (Dr.) Joseph D. Enoch.
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