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Taraba Guber Poll: Tension Mounts As Appeal Court Decides, Today

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The Abuja division of the Court of Appeal will today deliver its verdict in the appeal brought by the All Progressive Congress (APC) seeking to reverse the judgment of the Taraba State Governorship Election Tribunal, which affirmed the re-election of Governor Darius Ishaku of the Peoples Democratic Party in the March 9, 2019 governorship poll in the state.
Already, there is mounting tension in the state among supporters of the APC and the Peoples Democratic Party, ahead of the judgment.
This is demonstrated by their large turn up in Abuja where the judgment will be delivered.
A three-man panel of the tribunal led by Justice M.O. Adewara had in a unanimous judgment of September 20, 2019, dismissed the petition by the APC and its candidate, Abubakar Danladi on the grounds that the petitioners failed to prove their claims that the election was marred by irregularities and substantial non-compliance with the Electoral Act.
The tribunal further held that Danladi was not qualified to contest the March 9 governorship election.
It would be recalled that before the March 9, 2019 governorship election, the Federal High Court sitting in Jalingo, Taraba State, had disqualfied Danladi and equally restrained his political party, the APC from Fielding him as a governorship candidate.
Attempts by Danladi to overturn the order of the Federal High Court that disqualified him were unsuccessful at Court of Appeal and Supreme Court respectively.
Following the above development, the petitioners had on July 10, 2019, withdrew the petition on ground of the disqualification of Abubakar Danladi by the Supreme Court and the petition was accordingly disimissed.
However, on July 13, 2019, the petitioners filed a motion and prayed for an order setting aside the order of dismissal and asked that the petition be relisted.
The tribunal on August 9, 2019 granted the petitioners motion, set aside the order of dismissal of the petition and  same was relisted, thereafter, Danladi ceased to participate in the proceedings.
Delivering its judgement after close of hearing, the tribunal held that a Federal High Court in Taraba State had given a judgment on March 6, 2019, in a suit marked FHC/JAL/CS/01/2019, disqualifying Danladi from contesting the election.
It noted that the affirmation of the judgment by the Supreme Court implied that the APC had no valid candidate in the election.
Besides, the tribunal explained further that even if the petition was to be considered on the merits, the petitioners failed to lead  sufficient evidence to establish their claims that the governor was not validly elected by a majority of lawful votes.
Dissatisfied with the judgment of the tribunal, the All Progressive Congress, without its candidate, Danladi, approached the Court of Appeal marked CA/A/EPT/934/2019, on October 3, 2019, in petition No: EPT/TR/GOV/01/2019, for an order setting aside the decision of the tribunal.
In the said notice of appeal, the party contended that the tribunal erred in law and occasion a miscarriage of Justice in arriving at its decision dismissing the petition.
Meantime, the Peoples Democratic Party (PDP) has urged the Court of Appeal to dismiss the appeal with punitive cost as same is frivolous and unmeriterious.
The party in its brief of argument filed by its counsel, Chief Solo Akuma (SAN) noted that the appeal by the APC did not include the name of its candidate, Danladi as a person who would be directly affected by the outcome of the appeal.
Citing several case laws, Akuma argued technically,  that a party to a suit is not allowed to unilaterally alter a case as constituted from the trial court and that names of parties must be maintained on appeal except as may be ordered by the court.
He submitted that, the unilateral alteration of the parties in the petition, as shown on the face of the notice of appeal, without the name of Danladi, who was  the first petitioner at the tribunal renders the said notice of appeal incompetent and liable to be struck out.
Akuma specifically drew the attention of the Court of Appeal to its decision wherein it held thus: “It is now trite law that an appellant or a party seeking to appeal as an interested party cannot rearrange or reconstitute the parties to an action as constituted in the lower court at appellate court. The parties on record at the lower court must be retained at appellate level…the structure of the parties cannot by unilaterally changed or amended by any of the parties to an appeal.”
On the merit of the appeal, the PDP urged the Court of Appeal to hold that the appeal lacks merit and should be accordingly struck out.
The Court of Appeal is expected to give judgment today after the adoption of briefs of arguments by counsel to parties in the appeal.

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Bayelsa 2019 Guber Primaries: Again, Diri Floors Alaibe, As Supreme Court Dismisses Appeal

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The Supreme Court on Tuesday dismissed the appeal filed by former managing Director of the NDDC and governorship aspirant on the platform of the Peoples Democratic Party in the 2019 Bayelsa State Governorship primaries, Chief Ndutimi Alaibe, challenging the emergence of Governor Duoye Diri as the party’s standard bearer.

A panel constituted of Five Justices of the apex court headed by Justice Olabode Rhodes-Vivour stroke-out the appeal.

Alaibe’s  counsel, Chief Ifedayo Adedipe, withdrew the appeal after the panel members pointed his attention to the fact that the issues raised in the appeal were not about the primary election but about an internal affair of the party.

Alaibe, who had lost the suit at both the Federal High Court in Owerri and the Port Harcourt Division of the Court of Appeal, had in the suit challenged the participation of two delegates who voted in the primary that produced Diri as the party’s Governorship flag bearer.

Meanwhile in the preliminary inquiry preceding the hearing on Tuesday, the Justice Rhodes-Vivour panel informed Adedipe that his case could not be categorised as a pre-election case that a court could entertain but about an internal affair of the party which the court lacks jurisdiction to hear, this The Tide learnt made Adedipe to withdrew the suit and was struck out by the court.

By Ariwera Ibibo-Howells, Yenagoa.

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Bayelsa Assembly Committee on Environment To Curb Unlawful Sand Dredging Activities.

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With various complaints and pettitions by communities impacted by the activities of illegal sand dredging and mining in the Bayelsa State, the state House of Assembly has organised a public hearing on a bill to regulate the operations of sand dredging to ensure that the environment is not adversely impacted on.

The bill tagged ” Regulation of Sand Dealing and Dredging Operations Bill 2019″  according to the House Committee on Environment is aimed at gathering inputs from experts, technocrats and the public in order to formulate a people-friendly bill that will serve the best interest of Bayelsans.

The House Committee Chairman on Environment and member representing Nembe Constituency one, Hon. Ebi  Ben Ololo noted that the public hearing became necessary on the need to remediate the environment and tackle the challenges posed by sand dredging operations in the state.

” The importance of this bill cannot be overemphasized because it can save lives. You are aware a number of times so many communities and their representatives have sent pettitions to this House, specifically the  Chairman House Committee on Environment as per the environmental degradation that has taken place as regards the illegal sand dealing and dredging activities in various communities all around the state”, he said.

“With those number of complains and pettitions we thought it wise to put up a bill to take care of those issues. Most important thing is that we all know that public hearing is a mechanism by which parliamentary Committees obtain information, deal with the information obtained and also exchange views with experts and the public so as to fine-tune whatever bill there is for the public hearing to come up with a top class bill that will be people- friendly and also save lives of the people in Bayelsa”, he added.

” Lots of suggestions, contributions, opinions and interactions have been made as regards this very important bill, like we have assured the representatives of the various groups that we will go back in our committee, look at those very important areas where they have suggested and also fine tune the bill. So that in no distant time we will come up with a very formidable bill that will stand the test of time. That the people will benefit from”, Ololo reassured.

He lauded participants for their insightful contributions and opinions during the public hearing, promising that the Committee would do justice to come up with a bill that would meet the expectations of Bayelsans.

In her contribution, House Chief Whip and member representing Yenagoa Constituency 2, Hon. Ebiowu Koku Obiyai lamented the deliberate connivance between communities and the sand dealers, warning that if nothing is done to regulate the activities of sand dredgers Bayelsa communities will be eroded away.

The House Whip also expressed concerns on the activities of companies carrying out dredging business near bridges and sued a delibrate efforts by all in order to save the bridges from collapse.

By Ariwera Ibibo-Howells, Yenagoa.

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COVID-19: Dep Speaker Empowers PPE Producers, Underprivileged In Ahoada East LGA …Ready To Partner UNICEF

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The Deputy Speaker of the Rivers State House of Assembly, Rt. Hon. Edison Ehie, has stated that his office has contributed to ensuring that the impact of the hardship warranted by effects of the COVID-19 pandemic is lessoned in Ahoada East Local Government Area (LGA).
Ehie, who was speaking to the RCCE Media Team, stated that the measures taken to achieve this came in two-fold: providing necessary finance to producers of Personal Preventive Equipment (PPE) in the area to enable them mass produce, and buying same off them to give to people in the grassroots.
The other measure, he said, was the provision of financial Palliatives to the tune of #5,000 each to identified underprivileged in the LGA. This include the elderly, pregnant women, widows and widowers, and generally the vulnerable.
According to Ehie, towards this end, about #5 million has been expended so far in the first phase, while preparation is being made for the next phase to commence.
The Deputy Speaker explained that his decision to empower people who already have the expertise to produce the PPEs was necessitated by the need to provide the finance for them to mass produce their products, and to provide the products to those who need them.
“So, we give you (them) the  finance to produce hand sanitizers, face masks, etc., then we buy them from you (them) to make sure you (they) profit, then we supply (the products) to the people at the grassroots”, he said.
He also stated his preparedness to partner with UNICEF in any way required to ensure the safety of lives of Rivers people.
Ehie revealed that in addition to what is being done, his office is also preparing for the challenges of post COVID-19 among the people of his constituency.
“We’ve started brainstorming on how we can also support the people as regards the post COVID-19 era. That is going to be another very challenging period for our people because when the pandemic gradually phases out, that’s when the reality of hardship will come on.
“We’re trying to put our heads together to see how we can intervene again at that stage”, he said.
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