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Court Upholds Senate’s Power To Reject Magu …As Upper Chamber Orders Immediate Sack Of EFCC Boss …Summons IGP Over Continued Killings In Benue

Published

8 years ago

February 2, 2018

The Federal High Court in Abuja has held that the Nigerian Senate acted within the law when it rejected President Muhammadu Buhari’s nomination of Mr. Ibrahim Magu as the substantive Chairman of the Economic and Financial Crimes Commission, EFCC.
The court, in a judgement that was delivered on January 15, but made available to newsmen yesterday held that Section 2 (3) of the EFCC (Establishment) Act, 2004, conferred the Senate with the authority to ensure the choice of only suitable and credible persons for appointment into the EFCC’s chairmanship position.
Justice John Tsoho who delivered the verdict based on a suit that was lodged before the court by a legal practitioner, Mr. Oluwatosin Ajaomo said the import of the EFCC Act was that the Senate does not only exist to rubberstamp the President’s appointment of any person to head the anti-graft agency.
He held that the Senate was empowered to confirm or reject any appointee to the office of the Chairman of the EFCC by the President, based on facts available to it.
According to the court, Section 2(3) of the EFCC Act provided that appointment of Chairman and members of the commission other than ex-officio members shall be subject to confirmation of the Senate, stressing that the wordings of the Act were very instructive to the effect that they introduced a condition that must be fulfilled.
Justice Tsoho held: “On the strength of these authorities therefore, the expression ‘subject to’ should be understood to simply mean ‘depending on’. Accordingly, the import of Section 2(3) of the EFCC Act is that the appointment of a Chairman made by the President is dependent on confirmation by the Senate.
The 1st defendant can therefore reject a statutory appointment of a Chairman of the EFCC made by the President, if there is good basis for doing so. Issue 1 stands resolved. “On issue 2 for determination, there is no doubt that the 1st defendant is bound by the provisions of the EFCC Act with respect to appointment of Chairman of the EFCC by the President.
It should be realised that the provisions of Section 2(3) of the EFCC Act empower the Senate, headed by the 1st defendant to confirm an appointee to the Office of the Chairman of the EFCC by the President. “The Senate is thus conferred with authority to ensure the choice of only suitable and credible persons for appointment to that office.
The submission of the plaintiff however gives the impression that the Senate only exists to rubberstamp the President’s appointment of a Chairman. Such viewpoint runs counter to the proper intendment of Section 2(3) of the EFCC Act and is misconceived. Issue 2 is also resolved.
“The point must be made that it is trite law generally, that where a plaintiff’s claim is unchallenged and uncontroverted, the court will accept the available evidence and act on it. There is however exception to this, where the court finds that the plaintiff’s action is not maintainable, despite being unchallenged.
This, I humbly hold to be the position in the instant suit, as I regard as doubtful, the plaintiff’s capacity or competence to maintain the action”, Justice Tsoho held.
The plaintiff had in a suit he filed on January 24, 2017, marked FHC/ABJ/CS/59/2017, which had the Senate President and the Attorney General of the Federation as defendants, prayed the court to determine “Whether or not the 1st defendant can reject a valid statutory appointment made by the President of the Federal Republic of Nigeria to the office of the EFCC in accordance with the provisions of the EFCC (Establishment) Act 2004.
As well as, “Whether or not the Senate was bound by the provisions of the EFCC Act, 2004 with respect to the confirmation of any appointment made by the President of the Federal Republic of Nigeria”.
He further sought an interpretation of the provisions of section 2 (1) (a) (i) (ii) (iii) and 2(3) of the EFCC (Establishment) Act 2004 with respect to the appointment of the Chairman of the EFCC by the President of the Federal Republic of Nigeria and the subsequent confirmation of the appointment by the Senate of the National Assembly of the Federal Republic of Nigeria according to the dictates of the law.
He argued that the reason Senate gave for its refusal of Magu’s nomination was a security report, which he said was mere advisory. However, the court held that the locus-standi of the plaintiff to institute the action was doubtful, saying he failed to disclose sufficient stake or peculiar interest of the plaintiff above others that entitled him to institute the action.
Meanwhile, the Senate has asked President Muhammadu Buhari to as a matter of urgency sack the Acting Chairman of the Economic and Financial Crimes Commission, EFCC, Ibrahim Magu.
According to the Senate, failure to do that, it would henceforth not attend to nominations from the Presidency, just as it vowed that it will not in any way, jettison its earlier position on the EFCC boss.
According to the Senate, the impasse would persist until its power of confirmation of nominees to the boards of commissions established by enabling laws, but not listed in the 1999 Constitution as amended was clarified.
Senate spokesman, Sabi Abdullahi made this known yesterday while clearing the air on the controversies surrounding its suspension of the confirmation of nominees from President Muhmmadu Buhari.
Similarly, the Senate yesterday resolved to summon the Inspector General of Police, Ibrahim Idris, over the failure to meet the two-week ultimatum to arrest those who perpetrated the New Year Day attacks in Guma and Logo Local Government Areas of Benue State.
The Senate’s decision was sequel to a point of order raised by Senator Joshua Lidani, who demanded for the appearance of the IGP before the Senate.
Lidani said the two weeks given to Idris to arrest the killer herdsmen has expired and nobody has been arrested in connection to the killings in the state.
According to him, “two weeks was given to the IGP to arrest and arraign the killers, up till now, no arrest has been made, no information has been brought before us.
“Therefore, I want us to summon the IGP to appear before the Senate to give us update.”
Thereafter, the Senate unanimously adopted the request of Lidani for Idris to appear before the Joint Senate Committee on Police and National Security with his report.
In his remarks, the Senate President, Dr. Abubakar Bukola Saraki said the resolution of the Senate must be taken seriously and therefore the IGP must appear before the relevant Senate Committee to give the update.
Saraki added that the Senate is not going to be doing what is necessary until people are accountable.
“Something needs to be done,” he said.

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PANDEF Hails Tinubu For Lifting Emergency Rule In Rivers

Published

1 week ago

September 19, 2025

The Tide

The Pan Niger Delta Forum (PANDEF) has hailed the lifting of the State of Emergency in Rivers State, effective midnight, Wednesday, September 17, 2025.

In a statement signed by Board members and National Executive Committee members, yesterday, PANDEF commended President Bola Tinubu for rectifying what they described as an anomaly.

The statement was co-signed by Co-Chairmen, PANDEF Board of Trustees, Alfred Diette-Spiff and Obong Victor Attah, National Chairman Ambassador Godknows Boladei Igali, and National Secretary, Beks Dagogo-Jack.

Tinubu declared a State of Emergency in Rivers State on the 18th of March, 2025, suspending Governor Siminalayi Fubara, the Deputy Governor, and members of the state House of Assembly for six months in the first instance.

In place of the governor, the President appointed Vice Admiral Ibok-Ete Ibas (retd) as Sole Administrator.

However, Tinubu announced the suspension of the Emergency Rule on Wednesday, stating, “It therefore gives me great pleasure to declare that the emergency in Rivers State shall end with effect from midnight today (Wednesday).”

The Forum commended Fubara’s unwavering perseverance and “faith in the divine will of Almighty God,” while also commending the Deputy Governor, Professor Ngozi Odu, the Speaker, and members of the House of Assembly, who were equally affected by the suspension.

“The Board and National Executive Committee of the Pan Niger Delta Forum, the apex socio-political organisation representing the South-South geopolitical zone, joins millions of Nigerians in welcoming the lifting of the state of emergency in Rivers State, effective midnight, Wednesday, September 17, 2025.

“While PANDEF had expressed strong reservations regarding the erstwhile emergency rule, we commend His Excellency, President Bola Ahmed Tinubu, GCFR, for taking this bold step to rectify the anomaly.

“We welcome Governor Siminalayi Fubara back to his elected office and salute his unwavering perseverance and faith in the divine will of Almighty God. We extend similar commendations to the Deputy Governor, Professor Ngozi Oduah, the Speaker, and members of the House of Assembly, who were equally affected by the suspension,” the statement read.

Addressing Rivers people, the forum declared, “Light has returned to the state and a new glorious dawn has come. A moment in which the bitter pains of the past months will inspire all to rededicate themselves to true mutual forbearance, new alignments and forward movement.”

They urged political leaders and citizens to put the past behind them and work towards the collective good of the State, while pledging to support Rivers’ developmental trajectory under Fubara.

“All hearts and hands must therefore be joined together to put the past behind us and work towards the collective good of the state.

“We look forward to the State’s return to normalcy and the resumption of its developmental trajectory under the leadership of Governor Fubara and his team. PANDEF reiterates its commitment to supporting the government and people of Rivers State in their pursuit of progress and development,” the statement added.

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RSG Approves Full Rehabilitation of State Secretariat …Unveils Housing Scheme for Civil Servants, Honours Veterans

Published

2 weeks ago

September 12, 2025

The Tide

Rivers State Administrator, Vice Admiral Ibok-Eteh Ibas (Rtd), has approved the complete rehabilitation and modernization of the Rivers State Secretariat Complex to enhance efficiency and productivity in the civil service.

Ibas made the announcement at the 2025 Civil Service Week Gala and Awards Ceremony held at Banquet Hall, Government House, Port Harcourt, on Wednesday,.

He disclosed that “initiative is designed to transform the secretariat into a modern, efficient and conducive work environment, directly supporting the civil servants who form the backbone of the state’s governance.”

The Administrator also approved the provision of 106 housing units for civil servants in the State.

Ibas paid glowing tribute to retired Heads of Service and Permanent Secretaries, describing them as the bedrock of the state’s administration.

He stated that the awards ceremony was a symbol of deep appreciation for decades of sacrifice, resilience, and commitment.

“These interventions are designed to not only recognize your service, but also to improve your welfare in tangible and lasting ways,” the Administrator stated.

“We must build an administration that is efficient, effective, and truly citizen-centric,” he added.

The Administrator urged serving officers to draw inspiration from their predecessors and strive to make a meaningful impact in the lives of citizens.

He emphasized the importance of embracing innovation, technology, and continuous training to build a civil service equipped for the future.

The Acting Head of Rivers State Civil Service, Dr. (Mrs.) Inyingi Brown, in her welcome address, described the civil service as the “engine room of government” and expressed profound gratitude to the Administrator for his unwavering support and commitment to its modernization.“

“A society that does not honour its heroes is not worthy of emulation,” Dr. Brown remarked, lauding the retirees as torchbearers of discipline and loyalty.

She pledged to build on their legacy through reforms and innovation, projecting that the Rivers State Civil Service would become a model of efficiency and transparency by 2030.

Speaking on behalf of the retirees, President of the Association of Retired Permanent Secretaries, Sir Promise Njowhor,

expressed heartfelt appreciation for the historic recognition.

“For once, since the creation of the State, we are being honoured,” Njowhor said, adding, “Our morale has been lifted.”

He pledged the association’s continuous support for government programmes, describing the body of experienced retirees as a resource available to contribute to state development.

The rehabilitation of the State Secretariat and the new housing scheme represent a major investment in the infrastructure and dignity of public service in Rivers State, signaling a new era of support for the civil servants who drive the government’s policies and programmes.

The Tide reports that the Administrator also conferred awards of meritorious service on retired Heads of Service and Permanent Secretaries in the State

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Rivers LG Poll: APC Wins 20 chairmanship seats, PDP Clears Three

Published

4 weeks ago

September 1, 2025

The Tide

The All Progressives Congress (APC) has won 20 out of the 23 local government areas in the just concluded local government election in the State, while the Peoples Democratic Party (PDP) clinched three local governments.

According to the results released by the Rivers State independent Electoral Commission (RSIEC), yesterday, the APC won the chairmanship seats in Abua/Odual, Andoni, Opobo Nkoro, Ahoada East, Ahoada West, Okrika, Ogu/Bolo and Khana local government areas.

APC also won in Gokana, Tai, Oyigbo, Bonny, Eleme, Etche, Omuna, Akuku Toru, Asari Toru, Degema, Ikwerre and Emohua local government areas.

The Commission, however, said the PDP won in Port Harcourt City, Obio/Akpor, and Ogba Egbema Ndoni local government areas.

Chairman of the Commission, Dr Michael Odey, who announced the results at the Commission headquarters in Port Harcourt, said Ofori Owolabi of the APC scored 28,755 votes to emerge winner of the election for Abua Odual while Solomon Ochomma, also of the APC, emerged chairman elect for Ahoada East after scoring 54,509 votes.

Odey said Eugene Epelle also of the APC scored 84,125 votes to emerge winner in Ahoada West, while Bob Fubara was elected the chairman-elect for Akuku Toru after scoring 63,593 votes.

Similarly APC chairmanship candidate Lucky Otuo Promise emerged chairman-elect for Andoni after scoring a total of 126,181 votes, APC’s George Onengiyeofori emerged winner in Asari Toru after scoring 56,383 votes, while Pepple Blessing Abinye garnered 13,543 votes to emerge winner in Bonny Local Government Area.

Other APC candidates elected include Michael John Williams who scored 16,536 votes to emerge chairman-elect for Degema Local Government; Obarlllormate Ollor (77,452) for Eleme; Dr Chidi Julius Lloyd (114,380) for Emohua; Njoku Boniface (100,649) for Etche; Confidence Deekor (96,478) for Gokana, while Wobodo Charles got 62,746 votes to emerge winner in Ikwerre Local Government Area.

Other APC winners from the APC include Akuro Tobins (32,285 votes) for Okrika; Hon Obasi Uchechukwu (38,530) for Omuma; James A James (38,822) for Opobo Nkoro; Vincent Nemieboka (36,374) for Ogu/Bolo; Hon Mbakpone Okpe (70,080) for Tai LGA, while in Oyigbo, Okechukwu Akara scored 101,495 votes to emerge winner.

Meanwhile, the RSIEC chairman announced Dr Gift Worlu of the PDP with 328,823 votes to emerge winner in Obio Akpor; Shedrack Ogbogu, also of the PDP, scored 51,051 votes for Ogba Egbema Ndoni Local Government Area, while in Port Harcourt City, Sir Alwell Ihunda garnered 235,054 votes for PDP to emerge winner.

The APC also cleared the councillorship seats in Abua/Odual, Andoni, Ahoada East, Ahoada West, Okrika, Ogu/Bolo and Khana, Oyigbo, Bonny, Eleme, Etche,Tai, Khana Opobo/Nkoro and Degema local government areas.

Similarly APC councillorship candidates also emerged winners in Asari Toru, Degema, Akuku Toru, Gokana and Khana while PDP cleared the councillorship seats in Obio/Akpor, Port Harcourt city, and Ogba Egbema/ Ndoni Local Government Areas

Meanwhile, the Forum of State Independent Electoral Commissions has passed a vote of confidence on the just concluded local government election in the State.

National Chairman of the forum, Hon. Mamman Nda Eri, said this in an interview with newsmen in Port Harcourt.

Eri said all the chairmen across the country were in Port Harcourt to monitor the election as well as gain experience in an election under emergency rule.

John Bibor & King Onunwor