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Sanusi Floors FG In Court …Awarded N50m Damages

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Chief Press Secretary to Rivers State Governor, Mr David Iyofor (left) and Rivers State Commissioner for Justice,  Mr Worgu Boms, addressing a news conference on the  suspension of the state chief judge in Port Harcourt, last Wednesday.

Chief Press Secretary to Rivers State Governor, Mr David Iyofor (left) and Rivers State Commissioner for Justice, Mr Worgu Boms, addressing a news conference on the suspension of the state chief judge in Port Harcourt, last Wednesday.

Suspended Central Bank of Nigeria Governor, Sanusi Lamido Sanusi yesterday floored the Federal Government as the Federal High Court in Lagos issued a restraining order against the police, State Security Service (SSS) or their privies, from arresting the suspended CBN Governor, Malam Sanusi Lamido Sanusi.
It also awarded exemplary damages against the respondents, including the Federal Government, the police and SSS jointly and severally in the sum of N50million only.
Justice Ibrahim Buba gave the order while delivering judgement in a suit filed by Sanusi, seeking an order restraining the police, and the SSS, from infringing on his fundamental rights.
Sanusi had filed the suit through his Counsel, Prof Yemi Osibanjo (SAN), seeking an order restraining the Police and SSS from arresting, detaining or otherwise harassing him.
Joined as first to third respondents in the suit are: The Attorney-General of the Federation (AGF), Inspector-General of Police (IGP), and the SSS.
Delivering his judgement yesterday, Justice Buba dismissed a preliminary objection filed by Dr Fabian Ajogwu (SAN) on behalf of the AGF, challenging the jurisdiction of the court to hear the suit.
Ajogwu had argued that the suit was wrongly instituted before the Federal High court, since the matter bordered on the employment of the applicant, and so, should be within the exclusive jurisdiction of the National Industrial Court.
Dismissing the objection, Buba held that the provisions of sections 11 of the Labour Act, cannot take away the jurisdiction bestowed on the FHC by the Constitution.
He held that the provisions of sections 251 of the Constitution vest jurisdiction of the Federal High Court, to entertain matters touching on enforcement of fundamental human rights.
Buba held that the applicant had brought the suit under the provisions of Chapter 4 of the Constitution seeking an enforcement of his rights, and so, is not a dispute relating to his terms of employment.
“The averment by respondent that the matter is labour related is far from the truth; the first respondent is trying to set up another case for the applicant; it is a case of “shifting the goal post” and making a case for the applicant.
“The facts deposed in the applicant’s originating summons and his affidavit, speaks for itself; it is a suit for enforcement of his fundamental rights which is recognisable by the Federal High Court.
“The court allows any person who perceives that his rights are likely to be infringed on, to approach the court for redress,” he said
The court therefore dismissed the preliminary objection of the AGF, holding that the court had jurisdiction to hear and determine the applicant’s suit.
Delivering his judgement on the main suit, the court held that from the totality of averments in the applicant’s originating summons, there is no doubt that the respondents had failed to answer all the questions raised.
He held that the first and third respondents, presented conflicting averments in their counter affidavits, which shows that they are not on the same page on the issue, and had acted in bad faith.
The averment of the second respondent is frugal, as it stated clearly that they had not been briefed by anyone to investigate or arrest the applicant.
“The first respondent laboured to submit that the applicant is not entitled to a grant of perpetual injunction, but this court is of the opinion that for every infraction, the applicant is entitled to a relief.
“This court believes that the action of the respondents in this suit, deserves condemnation and exemplary damages.
“This court has no doubt that the applicant has made out his case against the respondents, and so, resolves all the issues in favour of the applicant; for the avoidance of doubt, the court makes the following declaratory order:
“A declaration that the first respondent acting through the officers of the third respondent or its privies, does not have any power to forcefully withdraw and keep the passport of the applicant for any reason whatsoever.
“A declaration that the respondent do not have any power to forcefully withdraw and seize the passport of the applicant, without compliance with section 5 (1) of the Passport Miscellaneous Provisions Act 2004.
“A declaration that the forceful seizure and detention of applicant’s passport, is an unlawful violation of his right to freedom of movement, enshrined in section 35 of the 1999 Constitution and article 12 of the Charter on Human and Peoples Right Act.
“A declaration that the conduct of respondent acting through the officers of the SSS, in forcefully arresting the applicant without due allegation or suspicion of a crime, is an unlawful violation of his right to personal liberty.
“An order of this court is hereby made restraining the respondent, their agents, privies or any other law enforcement agency of the respondents, from further interfering, harassing or infringing on the personal liberty of the applicant.
“An order for immediate release to the applicant of his international passport forcefully withdrawn and seized on February 20, is hereby made.
“Having granted a restraining order, the order of perpetual injunction cannot be granted because for every infringement, the applicant has a right to come to court.
“An exemplary damages against the respondents jointly and severally is also awarded, in the sum of N50 million only.
“An order is also made, directing the respondent to make a public apology to the applicant for unlawful arrest, detention and harassment,” Buba held.
The court had on February 21, granted an interim order of injunction, restraining the respondents from arresting, detaining, or harassing the applicant, pending the determination of the motion on notice.
The interim order was sequel to an affidavit of urgency filed by the applicant on the same date.

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Bonny-Bodo Road: FG Offers Additional N20bn, Targets December Deadline

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The Federal Government has agreed to offer additional N20.5 billion for the completion of the Bonny-Bodo road project in December.
The government, however, said if the construction company, Julius Berger, was not ready to accept the offer, the contract will be terminated.
Minister of Works, David Umahi, said this during a meeting with the Managing Director of Julius Berger, Lars Ritcher and members of Bodo-Bonny Road Peace Committee, on Wednesday in Abuja.
The reports that Julius Berger had requested asking for a N28 billion variation on the 82 per cent completed project.
The company hinged its request on the rise in exchange rate, construction materials, and diesel among others.
Umahi, however, said the government was willing to provide N20 billion out of the N28 billion that Julius Berger requested for.
According to him, the Bonny-Bodo road contract which was initially awarded at the cost of N120 billion in 2015, was later varied at N199 billion with a completion dateline of December 2023, which has since elapsed.
The Tide’s source recalls that in 2017, an agreement between the Federal Government, Nigeria Liquefied Natural Gas (NLNG) and Julus Berger on modalities for funding the project cost of N199.923 billion, without any further increase.
“If you do not accept the Federal Government’s offer by Friday and resume work on the site, the previously expired 14-day ultimatum for termination of project will be enforced.
“I want to let you know that we are the client. No contractor will dictate for this ministry, and there is no job that is compulsory that a particular contractor must do.
“We give you an offer. If you do not like the offer, you walk away. You don’t force us or we don’t force you.
“Agreement of contractual relationship is a mutual understanding,’’ the minister said.
Umahi said that had Julius Berger adhered to the project timetable, the project would have been completed on schedule before the impact of foreign exchange.
“Our position is very simple, we reject the conditions of Julius Berger totally and we ask Berger to please go back to the site to complete the project based on our offer.
“Our offer is unconditional and we say, accept or reject, so you cannot subject our offer to your conditions ,’’ he added
Umahi said the company should be humble in its dealings and exhibit solidarity during challenges.
Earlier, Richter had explained that the company suspended work on the site to seek some clarifications from the ministry.
According to him, the company asked for the augmemtation of N28 bilion because as at the time the contract was awarded the exchange rate was N305 to a dollar and diesel was N350 eor litre.
“We will still require some outstanding materials; that means that the initial agreement can’t fly because the variation of project is not sufficient and the exchange rate is also not in our favour to compensate the additional costs.
“That is why we decided to go back to our original proposal of the augmentation. Augmentation is a very normal process for all contracts,” the managing director said.
Chief Abel Attoni, Palace Secretary, Bonny Kingdom, expressed gratitude to President Bola Ahmed Tinubu over the decision to complete the Bodo-Bonny road project.
Attonu urged the parties to be patriotic and make the necessary sacrifice for the actualisation of the project.

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Court Vacates Arrest Warrant Against Ehie, Five Others

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The Federal High Court, sitting in Abuja, yesterday, set aside the warrant of arrest against Rt. Hon. Edison Ehie, the Chief of Staff, Government House, Rivers State, and five others.
Justice Emeka Nwite stated this while delivering his ruling in an application seeking to vacate the warrant of arrest which he issued on January 31, 2024.
The Judge said he was misled by the police in ordering the arrest of Ehie in connection with the burning of the Rivers State House of Assembly on October 30, 2023.
The Police, had told the court that Ehie and five others masterminded the bombing of the Rivers State House of Assembly amid a plot to impeach Rivers State Governor, Siminalayi Fubara.
The five others are Jinjiri Bala, Happy Benedict, Progress Joseph, Adokiye Oyagiri, and Chibuike Peter, alias Rambo.
Justice Emeka Nwite while setting aside the warrant said it has now become a mere academic exercise.
The judge further granted same to the 2nd to 5th Defendant/Applicant in same suit.
Femi Falana, SAN, and Oluwole Aladedoye, SAN, who appeared for the defendants in separate suits, held that the court lacked the jurisdiction to have granted the order.
While Falana filed a motion seeking an order to set aside the January 31 order by Justice Nwite, Aladedoye applied for a stay of execution of the arrest order.
In a motion marked: FHC/ABJ/CS/112/2024 dated February 2 and filed on February 7 by Falana, Ehie sought two orders, including “an order setting aside the order made on January 31 for want of jurisdiction.
“An order of this honourable court staying the execution of the order made on the 31st January 2024, pending the hearing and determination of this application.”
Giving six grounds of argument, Falana argued that the complainant had not filed any criminal charge or motion before the court.
The senior lawyer argued that the court lacked the territorial jurisdiction to entertain the ex-parte application as the alleged offences of conspiracy, attempted murder, murder and arson took place in Port Harcourt, the state capital.
“He submitted that the court lacked the vires to grant an application to arrest and declare his clients wanted in respect of the alleged offences.
“The complainant/respondent (IG) did not adduce evidence of terrorism in the affidavit in support of the application.
“The complainant/respondent did not cite any section of the Terrorism Prevention Act, 2013 (as amended) alleged to have been contravened by the applicants,” he argued.
Aladedoye in a motion on notice dated and filed February 9, on behalf of the five defendants, sought two orders, including
“an order staying execution or further execution of the order(s) of this honourable court made on the 31st of January, 2024, pending the hearing and determination of the appeal filed by the applicants.
“An order of injunction restraining the complainant from carrying out or further carrying out the orders of this honourable court made on the 31st January 2024, pending the hearing and determination of the appeal filed by the applicant in this case.”
Giving a three-ground argument, Aladedoye said that a notice of appeal had already been filed against Justice Nwite’s orders.
According to the senior lawyer, the notice of appeal contains grounds that challenge the jurisdiction of the honourable court.
The Inspector-General had, in a charge marked: FHC/ABJ/CR/25/2024, arraigned the defendants on a seven-count criminal charge bordering on terrorism and murder.

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13 Students Bag First Class, 182 PhD As IAUOE Graduates 5,550, Today

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The authorities of Ignatius Ajuru University of Education (IAUOE), Rumuolumeni, in Rivers State, have stated that 13 students will be graduating with first class while 182 graduands will bag Ph.D during the 42nd convocation ceremony of the university billed to hold today and tomorrow.
The Acting Vice Chancellor of the University, Prof. Okechuku Onuchuku, disclosed this during pre-convocation press briefing held in his office, yesterday, to unveil the programme for the convocation ceremony.
Onuchuku said that the 13 students were among the 4,653 graduands expected to graduate for the 2022/2023 academic session with first degree, while 897 students will be graduating with postgraduate degrees.
The Acting Vice Chancellor while giving the breakdown stated that 13 students made first class, 890 students bagged second class upper while 2,739 students had second class lower for first degree.
He further stated that 182 graduands bagged PhD, 667 got master’s degree and 48 got postgraduate diploma, adding that the convocation ceremony will hold today and tomorrow for first degree graduands and postgraduate graduands respectively.
He said that a total of 47 programmes out of the 54 programmes being undertaken at the first degree levels had been given full accreditation by the National University Commission (NUC) as well as all the programmes at the postgraduate school.
“We have ensured that our programmes both at the first degree and post graduates are in line with the NUC stipulated guidelines and speculations. We have also ensured that we are in line with both our academic and administrative policies,” he said.
Prof. Okechukwu urged the graduating students of the institution to always remember to use thier positions to help their alma mater as well as project the institution in a good image in the larger society.
“Try to ensure you finish any project you want to do, evaluate it first and avoid unfinished or abandoned projects. We will be graduating first degree graduands on Friday while Saturday will be for postgraduates, “he added.
Prof. Onuchukwu also said his administration had achieved a lot since he assumed office as Acting Vice Chancellor, stressing that his administration had improved on the welfare of the staff and the students.
“There are a lot of projects completed in the school; we have also given scholarship to some students and also encouraged departments to do same. We also impacted positively on our host communities”, he said.

Akujobi Amadi

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