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Imo Guber Verdict: Recuse Yourselves, PDP Tells CJN, Others
The Peoples Democratic Party (PDP) has told the Chief Justice of Nigeria (CJN), Justice Ibrahim Tanko Muhammad that he, for the sake of fairness, should recuse himself from the hearing of the review application on the Imo State governorship election petition.
The main opposition also demanded that six other justices of the Supreme Court, who delivered the earlier judgement that sacked the its candidate, Emeka Ihedioha as the Imo State governor January 14, recuse themselves.
The party said the Justices who should not be involved in the matter again are Nwah Sylvester Ngwuta, Justice Olukayode Ariwola, Justice Kudirat Kekere-Ekun, Justice Amina Adamu Augie, and Justice Uwani Musa Abba Aji.
The Supreme Court has fixed, today for the hearing of the application for review in its judgement that saw Senator Hope Uzodinma of the All Progressives Congress (APC), declared winner of the state’s governorship election
The PDP made its decision known in a letter to the CJN, dated February 14, 2020.
The letter was signed by PDP National Chairman, Prince Uche Secondus, and National Secretary, Senator Ibrahim Tsauri.
The party made the demands on the grounds of likelihood of bias and the need to ensure fair hearing, adding that it was to ensure that fairness and justice is not only done, but also seen to have been done.
The letter said in part, “As a follow up to our earlier call on all members of the panel to recuse themselves, we have now sought to formalise that request or demand.
“We hereby request that the seven persons that heard the case earlier recuse themselves from participating in the consideration of this new application.
“We are not unmindful of the fact that a litigant cannot dictate to the court the panel that should hear its case. However, due to the extraordinary circumstances and the nature of this case, we think that our request is a fair one that meets the justice of the case.
“Consequently, we feel it as our patriotic duty to hereby humbly request that your Lordship constitute a different panel of this great court (other than the one that delivered the judgement) for the purpose of hearing this application.
“Your Lordship would recall that a panel of Hon. Justices of the Supreme Court presided by your good self on Tuesday the 14th day of January, 2020, delivered judgement on the above appeal.
“Your Lordship may further recall that on February 5th, 2020 the People’s Democratic Party (PDP) filed an application praying that the judgement of 14th January, 2020 be set aside on grounds of nullity of the judgment, among other grounds.
“The judgement sought to be set aside has generated so much misgiving not only among lawyers but in the general polity as a whole because of the uncertainty it has introduced into our electoral jurisprudence, its potential for crisis in our democracy, the irreconcilability of the calculations contained therein and their resultant effect.
“At the heat of the moment, the party addressed a press conference and expressed its displeasure and disagreement with the judgement, and called on the Justices that heard the case to recuse themselves during any possible future review of the case that may come before the court, the party even went further to ask the President of the court to even resign.
“As a follow up to our earlier call on all members of the panel to recuse themselves, we have now sought to formalise that request or demand. We hereby request that the seven persons that heard the case earlier recuse themselves from participating in the consideration of this new application.
“My Lord, our request is founded on Section 36(1) of the Constitution of the Federal Republic of Nigeria, which guarantees fair hearing to every citizen or entity in the determination of his rights or obligations.
“Furthermore, the time honoured and tested principles of natural justice, particularly that no man shall be a judge in his own cause is particularly relevant to this solemn request.
“Allegation of bias or likelihood of bias goes to the root of fair hearing. Denial of right to fair hearing is a logical consequence of bias in any proceeding before a court or a tribunal.
“The Constitution of the Federal Republic of Nigeria, 1999 as Amended (Constitution) guarantees the right of an individual to fair hearing. An individual’s right to fair hearing includes the right to have his/her rights and obligations determined by an independent and impartial tribunal.
“The above is clearly enshrined in Section 36 (1) of the Constitution, which provides as follows: ‘In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality’
“The right to an independent and impartial tribunal is a major factor in determining if fair hearing has been observed by a court.
“The relevant question on the issue of bias is what an ordinary man on the street would think about the fairness of the proceedings conducted by judges accused of likelihood of bias.
“We may even be wrong on the allegations made against the learned justices of the Supreme Court that sat on the case in question. We may have been bitter about the clearly observed inadequacies in that judgment, but this is now beside the point.
“The relevant question is: can any reasonable person who heard the press conference and several protests by the party, the Civil Society Organisations and Nigerians generally, all over the country, including foreign embassies, the involvement of even the international community, feel that the same panel that has been the subject of these allegations, rightly or wrongly by the Party, can sit and deliver impartial justice on the same case on review? We think not.”
Meanwhile, the National Working Committee of the Peoples Democratic Party (PDP0, yesterday, claimed that the Supreme Court was misled in sacking Emeka Ihedioha as the governor of Imo State.
This is even as the party said there were facts not tabled before the apex court before it went ahead to declare the All Progressives Congress (APC) candidate, Senator Hope Uzodinma winner of the governorship poll.
The National Chairman of the party, Prince Uche Secondus, who stated this in an interview with a select team of journalists in Abuja, yesterday, said the PDP and Ihedioha would avail the justices of the facts at its sitting in the nation’s capital today.
Secondus said it was wrong for Uzodinma to claim that the time within which the court was permitted to entertain the case which emanated from election petition had passed.
Nigerians were among more than 140 residents injured after Iran launched multiple ballistic missiles and unmanned aerial vehicles at the United Arab Emirates, at the weekend.
This raised fresh fears for thousands of Nigerians living and working in the Gulf nation.
The UAE Ministry of Defence disclosed last Saturday that its air defence systems intercepted several missiles and drones fired from Iran, describing the attack as a major escalation in the ongoing regional tensions.
In a statement posted on its official X handle, the ministry said its air defence units engaged nine ballistic missiles and 33 drones during the latest assault on March 14.
It added that the attacks left six people dead and 141 others injured, including foreign nationals.
“The UAE air defence systems on March 14 engaged nine ballistic missiles and 33 UAVs launched from Iran,” the ministry stated.
“Since the onset of this blatant Iranian aggression, UAE air defences have engaged 294 ballistic missiles, 15 cruise missiles, and 1,600 UAVs launched from Iran,” UAE added.
According to the ministry, those killed in the attacks included citizens of the UAE as well as foreign nationals from Pakistan, Nepal and Bangladesh.
“Although the authorities did not specify the exact locations where the casualties occurred, the ministry said the injured victims were from several countries, including Nigeria.
Others affected include residents from Egypt, Sudan, Ethiopia, the Philippines, Pakistan, Iran, India, Bangladesh and Sri Lanka.
The list also included Azerbaijan, Yemen, Uganda, Eritrea, Lebanon, Afghanistan, Bahrain, Comoros, Türkiye, Iraq, Nepal, Oman, Jordan, Palestine, Ghana, Indonesia and Sweden.
The Tide reports that this development has sparked concern among Nigerian communities in the UAE, where thousands of citizens live and work in sectors such as construction, hospitality, logistics and trade.
Data from Nigeria’s diaspora commission shows that the UAE remains one of the largest destinations for Nigerian migrants in the Middle East, particularly in the emirates of Dubai, Abu Dhabi and Sharjah.
The Nigerian government had in recent years raised concerns over the safety and welfare of its citizens in the country following diplomatic tensions and visa restrictions affecting Nigerians.
Saturday’s attacks have now heightened anxieties within the diaspora community, especially as the Gulf region faces growing military confrontations.
In its statement, the UAE Ministry of Defence said the country remained fully prepared to confront any threats to its security.
“The Ministry of Defence remains fully prepared and ready to deal with any threats and will firmly confront any attempts to undermine state security in a manner that ensures the protection of its sovereignty, security and stability, and safeguards its national interests and capabilities,” the ministry said.
In a separate update, the ministry noted that its defence systems were still actively intercepting missiles and drones.
“UAE air defences are dealing with Iranian ballistic and cruise missiles and drones,” it said.
Regional media reports indicate that the attacks form part of a wider escalation of hostilities between Iran and Western-backed forces in the Middle East.
According to Al Jazeera, Iran has continued sustained missile and drone strikes across the Gulf despite protests from neighbouring states.
The strikes were said to be in retaliation for military operations launched by the United States and Israel against Iranian positions in the region.
Tehran targeted several Gulf countries, including Saudi Arabia, Qatar and the UAE, late on Friday and into Saturday.
The attacks also caused infrastructural damage in parts of the UAE.
Meanwhile, Iran’s elite military wing, the Islamic Revolutionary Guard Corps, warned that US interests in the UAE would remain legitimate targets.
Iranian state media reported that the group issued the warning after US forces attacked Iranian-controlled islands.
The IRGC specifically mentioned ports, docks and military installations linked to the United States as potential targets.
It also urged residents in the UAE to evacuate areas around ports and military facilities to avoid civilian casualties.
Security analysts say the growing exchange of threats and strike across the Gulf could destabilise the region’s economic and aviation activities if the conflict escalates further.
Nigeria’s Ministry of Foreign Affairs has yet to issue an official statement on the incident as of the time of filing this report.
Rivers State Governor, Sir Siminalayi Fubara, has charged the five new commissioners sworn-in last Wednesday to put in their best for the development of the State.
Fubara gave the charge during the swearing-in of the commissioners at the Executive Council Chambers of the Government House, Port Harcourt, last Wednesday.
This followed the successful screening of the five commissioners by the Rivers State House of Assembly, last Tuesday.
The five commissioners are Tonye Bellgam, Prof. Temple Nwofor, Dr. Peters Nwagor, Mr. Lekue Kenneth, and Sir Amairigha Edward Hart.
The Tide reports that the governor had sent nine commissioner-nominees to the Assembly for screening, but the Assembly confirmed only five nominees and rejected the nomination of four over various allegations.
Those rejected by the Assembly are Prof. Dantonye Alasia, Mrs. Charity Demua, Mr. Tamuno Williams, and Otonye Amachree.
The governor congratulated the new commissioners on their appointment, noting that their thorough screening by the Rivers State House of Assembly was a proof of their capabilities.
He urged them to deploy their wealth of experience in various fields and put the State on a fast lane of development.
“Ordinarily, I am supposed to charge you on your responsibilities and how to operate. But that has been taken care of by the screening at the Assembly.
“I believe that going through one of the most rigorous screenings, it is enough to say that for those of you who succeeded, you are fit and ready to deliver to our dear State.
“So there is no further charge. The screening was the charge, so I wish you the best as I don’t expect anything less than the best from you,” Fubara said.
The Nigerian Navy has intensified its crackdown on crude oil theft and illegal bunkering, destroying a reactivated illegal refinery site in Rivers State and intercepting suspected stolen petroleum products in Calabar, Cross River State.
The Director of Naval Information, Capt Abiodun Folorunsho, disclosed this in a statement released in Abuja, yesterday.
Folorunsho said personnel of the Nigerian Navy Ship SOROH, operating under Operation DELTA SENTINEL, destroyed a reactivated illegal refinery site at Okolomade Community in Abua-Odual Local Government Area of Rivers State.
He said the action followed credible intelligence that a previously dismantled illegal refining site had resumed operations.
According to him, an Anti–Crude Oil Theft team deployed to the location discovered that the dismantled refining oven had been reconstructed.
“Further exploitation of the area led to the discovery of additional refining equipment and storage facilities containing about 3,000 litres of product suspected to be illegally refined Automotive Gas Oil (AGO),” he said.
Folorunsho added that the illegal refining infrastructure, including ovens, storage tanks, hoses, connected pipes and newly acquired metal components used for illegal refining, was destroyed in line with operational procedures.
He said personnel of the Nigerian Navy Ship Victory, in another operation, intercepted about 3,950 litres of suspected stolen petroleum products at the Nigerian Ports Authority area in Calabar, Cross River State.
He said the interception was based on credible intelligence on suspected siphoning of petroleum products from vessels berthed at the port.
The naval patrol team, according to him, swiftly deployed to the area and traced the illegally siphoned products to a trailer park within the port facility.
“On sighting the naval patrol team, the suspected perpetrators fled the scene, after which the area was cordoned off and the illegally siphoned products secured,” he said.
Folorunsho said further inspection led to the recovery of about 3,950 litres of Automotive Gas Oil stored in drums and jerrycans, which had been evacuated to the naval base for further necessary action in line with extant regulations.
He noted that the successes aligned with the directive of the Chief of the Naval Staff, Vice Adm. Idi Abbas, to intensify operations against crude oil theft and other maritime crimes across Nigeria’s maritime domain.
Folorunsho reiterated the Navy’s commitment to sustaining the operational tempo of Operation DELTA SENTINEL through intensified surveillance, patrols and intelligence-driven operations aimed at combating crude oil theft, illegal bunkering and other forms of economic sabotage.
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