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New PDP Unveils Rivers Office …As 22 Senators, 57 Reps Sue PDP Exco

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L-R: Representative of Rivers State Commissioner for Works, Mr Bateim Ogariawo; Representative of Zonal Commanding Officer Federal Road Safety Corps (FRSC), Mr Shehu Umar and Sector Commander, Rivers State, Mr Sunday Oghenekaro, at FRSC sensitization forum on speed limiting devices and other new services of the Corps in Port Harcourt , yesterday

L-R: Representative of Rivers State Commissioner for Works, Mr Bateim Ogariawo; Representative of Zonal Commanding Officer Federal Road Safety Corps (FRSC), Mr Shehu Umar and Sector Commander, Rivers State, Mr Sunday Oghenekaro, at FRSC sensitization forum on speed limiting devices and other new services of the Corps in Port Harcourt , yesterday

The Abubakar Kawu Baraje-led Peoples Democratic Party (PDP) has inaugurated a new secretariat for the Rivers State chapter of the party.
Performing the ceremony in Port Harcourt, the leader of the party in the state, Governor Chibuike Amaechi, who was represented by his Chief of Staff, Hon Tony Okocha, said the inauguration of the secretariat was in compliance with the directives of the New PDP leadership in Abuja.
He, expressed optimism that the new secretariat would usher in fresh air and democratic renewal in the state and the nation in general.
“The New PDP is a national response to impunity, recklessness and  dictatorial tendencies typical of the former leadership of our party” he said.
He, therefore, urged the leadership of the party in the state to immediately commence mobilisation of party members to deliver the party from the stranglehold of tyrants.
He commended the Governor of Kano, Jigawa, Sokoto, Adamawa, Kwara, Niger States and other leaders of the party for their exemplary conduct and courage, describing them as heroes of democracy.
He reiterated the support and loyalty of party members to the Baraje-led executive of the party.
Meanwhile, the police in Rivers State have barricaded the new secretariat of the state PDP.
The police came in shortly after the secretariat was inaugurated in Port Harcourt.
The state Police Public Relations Officer, Angela Agabe was not available to comment on this development as at press time but The Tide investigations revealed that police operatives have cordoned off the entire stretch of road leading to the  old GRA premises of the New PDP Secretariat  in Port Harcourt and stationed armoured personnel carriers (APCs) at the entrance to the building.
A number of National Assembly members backing the new faction of the People’s Democratic Party (PDP) last Wednesday asked the Federal High Court, Abuja Division, to restrain the Chairman of the ruling political party, Alhaji Bamanga Tukur, from declaring their seats vacant.
The plaintiffs, 22 Senators and 57 House of Representatives’ members, said that the division within the party informed the holding of a parallel convention.
According to them, their agitations and eventual breakaway are justified legally and thus constitutional.
Tukur, the Senate President, the Speaker of the House of Representatives, PDP and the Independent National Electoral Commission (INEC) are listed as first, second, third, fourth and fifth defendants respectively.
In the suit filed by Tairu Adebayo, the lawmakers asked the court to determine the following questions:
Whether considering the circumstances in the national and various state chapters of the PDP, there exists a faction or division within the party;
Whether any of the plaintiffs or any other member of the PDP holding elective seats who desires to become a member of another faction of the party or any other political party is not saved by the proviso to Section 68 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 as amended; and-
Whether in view of the proviso to Section 68 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the first defendant or any other officer of the fourth defendant or authority can declare the seat of any of the plaintiffs or other members of the fourth defendant that opted to join another political party vacant in the precarious circumstance of the fourth defendant.
The plaintiffs in the suit they filed through their lawyer, Mr Tairu Adebayo, maintained that it was the division within the party that occasioned the holding of a parallel convention, saying they were justified legally to defect.
The case is yet to be assigned to any judge for adjudication.
Meanwhile, the Special Adviser to the President on Political Matters, Ahmed Gulak has said some of the demands being made by the aggrieved governors of the PDP were unconstitutional.
He told State House correspondents that the “leaders are discussing. This issue with PDP is not uncommon, they are not unexpected. PDP is the biggest party in Africa and the only national party in Nigeria. Everybody wants to belong to PDP and there exist various shades of opinions, that is why in a party like this, we are bound to disagree to agree.
“We have the internal mechanisms to sort out ourselves. I’m assuring you that this so-called crisis would be a thing of the past. We are on peace course, we are discussing some of the demands that you media men are speculating are unconstitutional. These demands would not be in accordance with the laws of the Federal Republic of Nigeria and certain demands would not be in accordance with the party’s constitution.
“What we are saying is that the elders are talking. We are talking in accordance with the law of the land and of the party,” he said.

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Again, RSG Begins Unveiling, Flag-Off Of Nine Key Projects, ’Morrow

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The Rivers State Government has rolled out the drums to herald another phase of official commissioning of key projects embarked upon by the Governor Nyesom Wike-led administration in the state.
A statement by the state government said that the process is in continuation of the commissioning and flag-off of projects by Governor Nyesom Wike.
It indicated that Rumuola flyover would be commissioned tomorrow, while the GRA flyover would be commissioned on Saturday.
The also stated that the government would commission the Ezimgbu Road on Monday, December 13, 2021; with another commissioning of Tombia Road Extension scheduled for Tuesday, December 14, 2021.
The statement said that the governor would commission the Safe Home, Borikiri, Port Harcourt on Wednesday, December 15; while on Thursday, December 16, 2021, the governor would commission the Odokwu internal roads.
Also, the governor would continue the flag-off of key infrastructure projects with Chokocho-Igbodo Road slated for Monday, December 20, 2021; Oyigbo-Okoloma Road on Wednesday, December 22, 2021; and Magistrates’ Court Complex, Port Harcourt on Thursday, December 23, 2021.

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Wike Justifies N7bn Libel Suit Against THISDAY

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Rivers State Governor, Chief Nyesom Wike, yesterday, appeared before the state High Court in Port Harcourt, to testify as a witness in an N7billion libel suit against THISDAY Newspaper.
Wike said he was in court to seek justice and clear his name as a person from the malicious publication by THISDAY Newspaper, which portrayed him as deceitful, untrustworthy person, who exerts subterranean influences on judicial matters and over court sittings in Port Harcourt.
It would be recalled that Wike had in August, 2020, slammed a N7billion suit being damages for libel written and published in THISDAY’s Tuesday, June 23, 2020 edition captioned, “With Wike, Obaseki Meets His PDP’s Waterloo; Almost.”
The defendants in the suit are THISDAY Newspapers Limited, Leaders and Company Limited, Davidson Iriekpan, Chuks Okocha and Adibe Emenyonu.
Wike, while testifying as witness in suit No. PHC/1505/CS/2020 before the court presided over by Justice A. Enebeli, asserted that the defendants maliciously and falsely portrayed him as an unreliable friend/person.
“When you say somebody cannot be trusted; that cannot be a fair comment. When you say somebody is influencing the Judiciary, that cannot be a fair comment”, the governor said.
In his written statement on oath, Wike had stated that the defendants had accused him of influencing the decision of the court sitting in Port Harcourt that granted an injunction restraining Godwin Obaseki from participating in the primaries of Peoples Democratic Party (PDP) in Edo State in 2020.
He stated that the defendants maliciously accused him of undemocratically exerting influence on the primaries process of PDP in Edo State in aid of his ally, Omoregie Ogbeide-Ihama, who was the beneficiary of the court order restraining Obaseki from participating in the PDP primaries.
The governor, who told the court that he was not even aware of the aforementioned suit by Ogbeide-Ihama against Obaseki, said the publication was reckless, false and without regards for the truth.
According to him, contrary to well-known journalistic tradition and practices, the defendants did not investigate properly to ensure the information they relied on was accurate.
“They did not seek to verify the facts from me or in any manner oblige me with the opportunity to state my own side of the story before proceeding to make the false publication” the governor argued.
Wike stated that the defendants further denigrated him before the entire world as a fake democrat, who engages in meddling in the internal affairs of All Progressives Congress (APC) in order to get at his political foe, Chibuike Amaechi.
The governor explained that he was not a member of the APC and has had no hand in the internal crisis which has bedevilled the party both in Rivers State and all over Nigeria.
“By the letter of Messrs E.C. Ukala and Co., Solicitors, under the hand of Emmanuel C. Ukala, SAN, dated 23rd June, 2020, the defendants were given opportunity to retract, and recant the publication as well as to offer apology for the false publication but the defendants spurned the opportunity and ignored the letter completely.”
The governor, while responding to claim by lawyer to the defendants, Turudu Ede, SAN, that the essence of the lawsuit was to intimidate and harass his clients, said the whole essence of the suit was to get justice and clear his name as a man of substantial character, honour and repute.
“The essence of the suit is to get justice since they (defendants) refused to retract the publication or apologise. So, I sued them to clear my name.”
Speaking to journalists outside the court, one of the lawyers to Wike, Mr. Mark Agwu said his client was in court to seek legal redress.
“To challenge him as a person, it means you have made him untrustworthy, a deceit, a cheat, an influencer of the court, because the publication they made was that he had a role to play in influencing the outcome of that Federal High Court case. Nobody will take that lightly, and especially for a man who believes in the rule of law”, Agwu added.
The court adjourned the matter for further hearing to 12th, 13th and 14th of January, 2022.

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$130m Fraud: Rivers Sues Saipem SPA, Saipem Contracting Firm, Others

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The Rivers State Government has charged two construction firms, Saipem SPA and Saipem Contracting Nigeria Ltd, to court over an alleged conspiracy to cheat and with intent to defraud the state of the sum of $130million, being advanced payment for the construction of the OCGT power plant in Port Harcourt.
In a 16-count criminal charge filed by the Director of Public Prosecution, C.F. Amadi for the Rivers State Attorney General, the state alleged that after collecting the said sum as advanced payment between 2011 and 2018, the defendants have not kept their obligation under the contract.
Others charged alongside the companies were Walter Peviana; Kelechi Sinteh Chinakwe; Giandomenico Zingali; Vitto Testaguzza and Davide Anelli, who are directors and officers of the companies.
The defendants are charged with various offences ranging from conspiracy, cheating and obtaining credit by false pretence, contrary to Section 518 (6) and (7) and punishable under Section 518 of the Criminal Code, Cap 37 Vol. 2 Laws of Rivers State of Nigeria, 1999, section 419A and punishable under Section 419 (A) (1) (b) of the Criminal Code, Cap 37 Vol. 2 Laws of Rivers State, amongst others.
Already, the Rivers State Government has issued a fiat to the law firm of Godwin Obla (SAN) to prosecute the matter before the state High court.
The defendants are equally charged for the offence of false Statements by Officials of Companies contrary to and punishable under Section 436 (b).
The prosecution specifically accused the defendants of obtaining credit of $130million by false pretences or other fraud contrary to Section 419A and punishable under Section 419 (A) (1) (b); obtaining credit of $20,467,942.00 by false pretences or other fraud contrary to Section 419A and punishable under Section 419 (A) (1) (b), obtaining credit of N7,000,000,000.00 only by false pretences or other fraud contrary to Section 419A and punishable under Section 419 (A) (1) (b).
They are charged for obtaining credit of N318,640,173.54, by false pretences or other fraud contrary to Section 419A and punishable under Section 419 (A) (1) (b); attempt to cheat $97million contrary to Section 508 and punishable under Section 509; attempt to cheat $15million contrary to Section 508 and punishable under Section 509; conspiracy to receive a credit of $97million by false pretences contrary to Section 518 (6) and punishable under Section 518; cheating $11million contrary to Section 421 and punishable under Section 421; cheating contrary to Section 421 and punishable under Section 421; cheating N110, 097, 416.51 contrary to Section 421 and punishable under Section 421; cheating by collecting sums attributable to shared facilities already paid for in AFAM Phase I in AFAM Phase II contrary to Section 421 and punishable under Section 421.
Obtaining N20, 467, 942 contrary to Section 421 and punishable under Section 421; obtaining credit of $60,168,936.00 by false pretences or other fraud, contrary to Section 419A and punishable under Section 419 (A) (1) (b); obtaining credit of $1,512,034.00 by false pretences or other fraud contrary to Section 419A and punishable under Section 419 (A) (1) (b) all of the Criminal Code Law of Rivers State, Cap 37 Vol. 2 Laws of Rivers State of Nigeria 1999.
According to the Proof of Evidence attached to the charge and the statement made by the Head, Power Generation/Mechanical of the Rivers State Ministry of Power, one Mr Temple Azunda M., the facts constituting the case in hand are as follows:
Saipem SPA and Saipem Contracting Nigeria Limited and other officers of the duo, herein the Defendants, are Italian companies which services have been retained by the Rivers State Government, herein RSG, in several projects, prominent amongst which is the AFAM Phase II Power Plant Project.
By an initial tripartite agreement made on the January 20, 2010, the RSG under the auspices of the Rivers State Ministry of Power entered a contract with Saipem Contracting Nigeria Limited, Saipem SPA for the construction of the OGCT power plant in Port Harcourt at a total cost of $119million consequent upon which the Rivers State Government made advance payments, in instalments, to Saipem Contracting Nigeria Ltd and Saipem SPA amounting in total to a sum of $130million in all which the Defendants have acknowledged receipt of.
The Defendants were to be given an initial mobilization of 20per cent of the total contract sum which the RSG paid.
It was part of the initial agreement – and indeed a condition sine qua non – that, to access the 2nd tranche of payment of 25per cent from the Rivers State Government, the Defendants would mandatorily have installed the Gas Turbine into the foundations as referenced in ATTACHMENT 1 to VO 007 which states that:
CONTRACTOR shall be entitled to a payment corresponding to 20per cent of the VO No. 007 LS PRICE upon mobilisation to site and commencement of bush clearing activities at SITE.
Upon commencement of bush clearing activities at the site, the contractor shall issue the invoice relevant to the above payment and the owner shall pay such invoice within 14 days from its issuance.
The parties agree that no deduction for recovery of advance payment shall apply on the payment due to the contractor for invoices issued by the contractor in accordance with this paragraph.

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