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Petition To NJC: Rivers Judiciary Berates PDP

Published

9 years ago

October 18, 2013

The Rivers State Judiciary has berated the state chapter of the Peoples Democratic Party (PDP) led by Hon Felix Obuah over a purported statement alleging that the state governor, Rt Hon Chibuike Amaechi wants to use the office of the Acting Chief Judge, Hon Justice Peter Agumagu to thwart the administration of justice in the state.
A press statement signed by the Chief Registrar, High Court of Rivers State, Leonard K Adoki yesterday in Port Harcourt and made available to The Tide, said the state judiciary would not have reacted to such wild allegations from the PDP in the state as it would not want the judiciary in the state to be dragged into the political crisis but had to do so in other to preserve and safeguard the independence of the judiciary, especially in the state.
According to the statement, the attention of the Rivers State Judiciary was drawn to statement signed and issued by Mr Jerry Needam, Special Adviser on Media to Chief Felix Obuah, Chairman, PDP Rivers State chapter that Governor Chibuike Amaechi wants to use the office of the Acting Chief Judge, Hon Justice Peter N C. Agumagu to thwart the administration of justice in the state.
The statement further state that the PDP alleged that the plot is aimed at ensuring that all cases involving Governor Amaechi, all the state House of Assembly members loyal to him, his political aides and other government officials as well as other state PDP related matters should be assigned to only judges that are prepared to do his (Amaechi) bidding.
Adoki averred that the allegations contained in the said publication, that there are selected judges to undo political opponents of the state governor as only a mere figment of the imagination of Mr Jerry Needam, adding that the state judiciary was not surprised because such antics which are outright fabrications were aimed at scoring cheap political points.
He appealed to politicians especially the state chapter of the Peoples Democratic Party (PDP) to desist from tarnishing the image of the respected judges in the state, stating that assignment of cases is a routine duty performed by the Chief Judge of the state.
The Registrar posited that the acting Chief Judge was not a stranger to such duties having once been a Chief Registrar and President, Customary Court of Appeal.He noted that in both capacities, he has been performing that task of assigning cases to judges and magistrates of the state judiciary.
In the performance of these duties, the Acting Chief Judge does not take directive from any body, the governor inclusive “as a seasoned, respected and very experience judiciary officer, the Ag Chief Judge knows he is not answerable to any group of individual in the discharge of his duties”, he added.
Mr Adoki used the opportunity to call on the National Judiciary Council (NJC) not to be bothered by the said publication as it was only targeted to drag the council to a non-existence issue, while emphasising that the state judiciary does not wish to be continually distracted by these fabrications. He prayed that NJC to discountenance the said and future publications as it was only a cheap blackmail.
It further advised the general public especially Rivers people to disregard what it called the baseless allegations concocted by Jerry Needam and called on Mr Needam and his cohorts in the state chapter of PDP to discontinue the barrage of attacks aimed at rubbishing the integrity and image of the state judiciary in the state and country at large.
He assured that the state judiciary will continue to discharge its constitutional obligations to the society without fear of favour.
Meanwhile, Rivers State Attorney General and Commissioner for Justice, Barrister Nworgu Boms has condemned the attempt by some politicians to portray some judges in Rivers State in bad light stating that the attempt was to emasculate the judiciary by dragging it into the political crisis in the state.
Boms who addressed the press in Port Harcourt yesterday in reaction to a publication in the Nation Newspaper of Monday October 14 page 47, signed by Monwan Etete for the Obuah-led Peoples Democratic Party, described the publication as a criminal contempt and part of the group’s emerging desperate politics in the state”.
According to the publication, four judges of the state High Court, Hon Justice E Thompson, S Iruagunima, E Teetito and I. Iyayi Lamikanra, are ‘uncompromising and unapproachable” judges of the state in whose various courts are pending some politically- related cases.
It also accused the Acting Chief Judge, Hon Justice Agumagu of transferring cases pending before those four judges to those willing to compromise on the directives of Governor Amaechi, an allegation the Attorney General described as untrue.
Boms who described the allegation as ‘a measure of how morally low they have sank in the name of politics’, challenged the group to petition the National Judicial Commission by tendering the particulars of the alleged judicial malfeasance of the judges they accused of corruption, rather than engage in a campaign of calumny against them.
Boms recalled that the group had once petitioned the former Chief Judge of Rivers State against a matter in a particular court and the then Chief Judge promptly removed the matter from that court and took it to another court.
He said the group was happy at the outcome as the then Chief Judge acceded to their objection.
He also recalled that the group defied the judgement of the Federal High Court that the illegal siege at the Obio/Akpor Local Government Headquarters be removed, noting that the council headquarters is still under police siege and overgrown with grass.
The Attorney General further disclosed that the purpose of the publication was to intimidate the judiciary so that the pending Obio/Akpor matter in the state High Court will be decided by the Judge they prefer for what ever reason”.
The Attorney General also picked holes in the statement by the Chief Registrar of the state High Court in the media that both counsel in the Obio/Akpor mater petitioned against Justice Iruagunima’s handling of the matter and requested the then Chief Judge to transfer the matter for hearing by Justice Adama Iyayi Lamikaura where it is now pending.
He called on the Chief Registrar to make public the complaint of the lawyer to the governor and the Attorney General, Roland Otaru Esq (SAN), against the Chief Judge, Hon Justice Iche Ndu (rtd) “which is now touted as the basis for what is now clearly a mysterious transfer”
He added that if the Chief Registrar could provide the petition allegedly written by him against Justice Iruagunima, he would not only resign his appointment as Attorney General and commissioner for Justice but tender an apology to him.

L-R: Chief of Staff, Rivers State Government House, Mr Tony Okocha, Commissioner for Information and Communications, Mrs Ibim Semenitari and Commissioner for Local Government Affairs, Mr Samuel Eyiba, at a public presentation of the book titled “Eminent Persons of Rivers State” written by Rivers State Newspaper Corporation in Port Harcourt, yesterday.

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

Published

1 year ago

December 8, 2021

The Tide

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

Published

1 year ago

December 1, 2021

The Tide

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

Published

1 year ago

November 26, 2021

The Tide

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.