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RSG Blasts Critics Of Public Holidays; Flays Politicisation Of Obio/Akpor Suit …LG Boss Wants Judge To Disqualify Self …Full Text Of Govt’s Reaction On Pages10&11
Secretary to Rivers State Government and Chairman Centenary Committee, Mr George Feyii (3rd left), Commissioner for Health, Dr Sampson Parker (4th left), Mayor of Port Harcourt, Mr Chimbiko Akarolo (4th right), leading the Centenary Health Walk, organised by Rivers State Government in Port Harcourt, last Tuesday.
Photo: Obinna Prince Dele
The Rivers State Government has refuted the allegation by the Felix Obuah-led People’s Democratic Party (PDP) in the State that it declared a week-long public holidays for civil servants to halt the delivery of judgement in the Obio/Akpor suit.
In a statement issued in Port Harcourt yesterday, the State Attorney-General and Commissioner for Justice, Mr. Worgu Boms dismissed the allegation as untrue.
Boms reiterated that the state government declared the work-free period to enable civil servants to participate in a series of activities lined up for the celebration of Port Harcourt centenary.
He explained that the allegation by the Obuah faction was borne out of lack of knowledge of the workings of the law and the judicial system, adding that the records of proceedings had been compiled and transmitted to the Court of Appeal.
“This thinking that the Rivers State Government needed a work-free period in order to prevent further proceedings in the Obio/Akpor suit is one that is borne out of lack of knowledge of the workings of the law and the judicial system itself. The records of proceedings have been compiled and transmitted to the Court of Appeal. There is then, automatically, a total lack of jurisdiction in the court below (i.e. Hon. Justice Adama Iyayi-Lamikara’s court) to take any other step in the matter, interlocutory or otherwise, when records have been compiled and transmitted as there can no longer be concurrent proceedings of the court at that stage,” he said.
The Attorney-General expressed reservations over the manner the matter was being handled following its assignment to Justice Iyayi-Lamikanra by the former Chief Judge, Iche N. Ndu a few days to his retirement.
“The politicisation started when the former Chief Judge, Iche Ndu, KSC, OFR, a few days to his Lordship’s retirement, mysteriously, assigned the suit to Justice Iyayi-Lamikanra as though it was a fresh suit when in fact, it was pending already before Justice Iragunima and ought to have been a re-assigned. “The instrument which the former Chief Judge used in effecting it, shows clearly that it was done as though it was never pending in any previous court.
This was the beginning of political suspicion in the matter,” he said.
According to him, the biggest source of politicisation of this simple suit was what the judge subsequently did as the counsel to Obio/Akpor Caretaker Committee moved his motion in which he prayed the count to extend time for his clients up to 14 days to file their reply to the originating summons.
He said that after granting the prayer, the court insisted that the matter must be heard that same day, thus, denying the defence counsel the purpose for which the order of extension of time was granted.
“I restate here for emphasis, that Hon. Justice Adama Iyayi-Lamikanra on the very first day the matter came to her court on transfer from another court, ensured that the matter was heard to judgement stage and refused a party to file his defence ever after she had granted that extension of time to go and file the defence”, he said.
Meanwhile, the controversy surrounding the battle to control the executive of the Obio/Akpor Local Government Area in Rivers State, took a fresh twist Wednesday as the Caretaker Committee Chairman, Mr. Chikodi Dike, called on Justice Iyayi Laminkara, to withdraw from handling the case.
Dike who made the call at a news briefing in Port Harcourt, Rivers State capital last Wednesday said, “We further reaffirm our clamour that Hon. Justice Iyayi Laminkara should and ought to toe the path of honour, by disqualifying herself having sold out by fellow conspirators as anything less than this will thoroughly ridicule the judiciary in Rivers State”.
Dike who had called the news briefing to react to a statement by the state chairman of the Peoples Democratic Party, PDP, Chief Felix Obuah, that the one week public holidays from Monday, November 15 to Friday, November 22, were ordered by Governor Chibuike Rotimi Amaechi, to allegedly arrest a judgment that would have been delivered on the Obio/Akpor case, on Friday, November 15.
He recalled that on November 18, Obuah in response to the two day public holiday on (Thursday, November 15 and Monday, November 18) said that the work free days earlier declared by Governor Amaechi on Monday, November 18 before the governor extended the work free days to Friday, November 22, “was intended to allow mass exodus of Rivers State people to Anambra State to rig the gubernatorial election in favour of the candidate of the All Progressives Congress, APC’.
Continuing, Dike asked, “what is more revealing from Obuah’s text is the fact that he confirmed the rumour as true, that the so-called judgment in a case instituted by Timothy Nsirim and co, challenging the powers of the Rivers State House of Assembly, lying before Justice Iyayi Laminkara to suspend them on grounds of fraud has leaked to him having compromised the judge. Otherwise, how would he have known that the judgment has been entered in their favour?”
“It is obvious that the said judgment has leaked and is already a public knowledge and thus qualified only for the thrash-can as it violates every and any known principle, procedure and ethos of justice administration,” Dike said.
The Rivers State government had filed two motions: one, that the court has no jurisdiction to hear the matter. Two, that the judge should disqualify herself from hearing the case.
At the last hearing, Justice Laminkara ruled that the court indeed had jurisdiction to hear the case.
The State House of Assembly led by its Speaker, Otelemaba Dan-Amachree had on Tuesday, April 16, sacked the executive Chairman of Obio/Akpor, Timothy Nsirim, his Vice, Solomon Eke and all 17 councillors on a vote of 22 to 5, on the grounds of alleged financial impropriety and breach of security.
Reward Akwu