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2019 Rivers Elections: S’Court Can’t Entertain APC’s Issues -Lawyers …As PDP Hails Apex Court Verdict …On Rivers APC Primaries
A Constitutional Lawyer, Emmanuel Anele has declared that Rivers All Progressives Congress (APC) case before the Supreme Court on the Rivers election was merely an academic exercise because the apex court lacks jurisdiction to entertain the matter, which it had earlier ruled upon.
Speaking during Africa Independent Television (AIT) Kaakaki Programme, monitored in Port Harcourt, yesterday, Anele said that the Supreme Court cannot reverse itself, having voided the primaries and congresses conducted by the APC in Rivers State.
Anele said, “The Supreme Court decided 14 cases this year on the basis that the time the appeals were filed had lapsed. The Supreme Court, I know, will not oblige what the APC is asking of them. The Supreme Court can’t reverse itself in this instance otherwise, there will be no certainty.
“Unless there is a distinguishing factor to say let us depart from our past judgment.
“The APC is not raising any new issue. It amounts to abuse of court process. The Supreme Court even yesterday (Monday) struck out the suit filed by Senator Magnus Abe to amend processes.
“APC has never raised a new issue that will compel the Supreme Court to reverse its earlier decision”, he argued.
The constitutional lawyer added, “The crux of the matter is whether the primaries conducted by the APC in Rivers State are valid or not, and the Supreme Court has repeatedly said that it is invalid.
“It is not even asking the Supreme Court to compel INEC to add it in the Rivers State gubernatorial election. The election has come and gone, the only way to challenge the declaration of Chief Nyesom Wike as governor of Rivers State is the tribunal.
“The Supreme Court has no jurisdiction in the instant case before it. If you look at the prayer sought, the court is not a Father Christmas. It cannot give you what you did not ask”.
The legal practitioner said that the game APC wants to play is to approach Supreme Court and seek omnibus orders.
He said APC wants to use such omnibus orders to approach the election tribunal.
Anele said: “They will now use that trophy to approach the tribunal. That would have orchestrated constitutional crisis in Rivers State. As at the time the governorship election was conducted, there was no injunctive order stopping INEC from conducting election.
“The game will not favour anybody, but to truncate the wish of Rivers people.
“They have voted and the results announced. Anybody going to the Supreme Court to get any reliefs that he will use as a trophy to approach the election tribunal will not avail the person anything.
“The Supreme Court will not be blackmailed to give judgment to anybody. Their integrity is at stake, democracy is also at stake. The Court of Appeal based its judgment on the earlier consolidated judgment of the Supreme Court. How will the Supreme Court now reverse itself?
“The Supreme Court justices should be firm and stand on their earlier judgments, so that there will be certainty in the electoral processes.
“Nobody will blackmail the Supreme Court justices. Nobody will get anything out of this. It is an academic exercise.
“Elections have been conducted and winners emerged. Anybody that is dissatisfied with the conduct of that election should approach the election petitions tribunal, if you participated in that election”.
Another lawyer on the programme, Mr Ilemona Onoja said there was absolutely nothing new in the APC applications before the Supreme Court.
Onoja said: “Asking that it be determined on the merit, what merit? The Court of Appeal was to determine the suit on its merit, and the Supreme Court reached a decision. The judges of Court of Appeal said with the Supreme Court judgment, that APC in Rivers State can’t field candidates, it will be fruitless determining the matter.
“Going to the Supreme Court to say the Court of Appeal did not determine the matter on its merit, when in actual fact, the Court of Appeal based its decision on the Supreme Court is curious. It is flogging a dead horse. At some point, there should be an end to litigation”, he advised.
He said there was no basis for the Supreme Court to grant their prayers to invalidate a validly conducted election and order that they benefit from their wrongdoing.
Onoja said: “If the Supreme Court makes an order to invalidate the election and order the inclusion of APC, the judiciary will be saying it is okay to disregard the court.
“If the APC in Rivers State had refrained from conducting state congresses pending the determination of the suit, they wouldn’t have had this problem and they wouldn’t have come to this impasse. Everything APC has done thereafter is to attempt to benefit from its own violation of court orders”, he argued.
Meanwhile, the Supreme Court, last Monday, struck out the notice of amendment filed by Senator Magnus Abe on the primaries of the All Progressives Congress (APC) in Rivers State.
In a unanimous judgment read the Acting Chief Justice of Nigeria (CJN), Ibrahim Mohammed, the apex court dismissed the application on the ground that it lacks merit.
The court also noted that the suit was incompetent and a gross violation of Order 2 Rule 8 of the Supreme Court Rules.
It held that once a notice of appeal has been found defective, it cannot be amended.
The Federal High Court in Port Harcourt had on January 7, nullified the direct and indirect primaries conducted by the two factions of the APC in the state.
Justice Kolawole Omotosho, who presided over the case, also restrained the Independent National Electoral Commission (INEC) from presenting Tonye Cole and Magnus Abe as governorship candidates in the general election.
He said none of the primaries were conducted according to the law, noting that the INEC did not do well by submitting names of candidates without consideration of previous court orders.
Following the court’s ruling, Abe filed an appeal against the nullification of the party’s primaries at the Supreme Court.
Susan Serekara-Nwikhana
Rivers State Governor, Sir Siminalayi Fubara, has said that peace has prevailed because he draws strength from God to resist insults and tantrums thrown at him while frustrating attempts by some disgruntled persons who wanted to plunge the State into unending crisis.
The Governor also said that because he has anchored his Government on promoting peace, the enabling atmosphere has been provided for investments and sustainable development to flourish.
Governor Fubara made the assertion when he received a delegation of members of the Bishops and Gospel Ministers’ Association International Incorporated, Rivers State Chapter, at Government House in Port Harcourt, yesterday.
Represented by the Head of Rivers State Civil Service, Dr George Nwaeke, Governor Fubara said while most people took his meekness for weakness, his stance on peace has unarguably enhanced harmonious atmosphere of concord as residents sleep with their two eyes closed, and investors and shareholders are happy with the returns on investment.
He said, “Before, what they hear of Rivers State is that they are fighting, and some genuine investors will not come. Some people even ask you: How are you coping in Rivers State?
“But now”, he asserted: “The Governor has brought about a lot of changes in the State. One of the most important things is that he has changed the negative narrative. It is no longer Rivers of blood. It is now Rivers of peace.
“We are enjoying our lives here. Why? Because there is a change in the narrative. We have peace. The Governor is, as much as possible, absorbing any level of insult at him only for one purpose: that Rivers State may have peace; that we may grow; that this state will experience genuine development.”
Governor Fubara urged them, as members of the Christian family in the State, to continue to pray for the State and the Government so that the enemies of the State will be put to greater shame.
“This peace is what I want you to embrace. Go and continue to pray, because when the sower of the seed went and sowed, the enemy went in the night and sowed tares inside there. But the Governor is sowing peace.
“When I listened to the leader of the team, His Grace Eddy Ogbonda, he said you came all the way from Eleme Junction, and stopped at major junctions, and you uttered prayers for the peace of Rivers State.”
He also said: “I, hereby want to thank you for identifying with the Governor at a time like this. At a time when it looks as if someone wants the Governor’s peace posture misunderstood as weakness.
“When someone has the strength to fight back, but refuses to fight back. That is a bigger strength; that power of restrain does not just come, it can only come from God.
“You cannot give peace, if you do not have peace within you. The Governor is not interested in any form of trouble or violence. What he is interested in is known, and it is: let there be peace in Rivers State,” he said.
In his address, leader of the group, Archbishop Eddy Ogbonda, said they had observed a week-long intensive prayers that culminated into a peace rally, which brought them to Government House, and assured the Governor that God will continue to give him victory over his adversaries while preserving Rivers State.
“It is Rivers State Prophetic Prayer Convocation and Rally 2024 with the theme: ‘Peace be still’. Of a truth, everyone of us understands that we live in a time when we need peace much more than any other thing.
“Rivers State needs peace. Everyone as individuals need peace. The country needs peace, and the world at large needs peace. So, we are here to do a peace march. We pray that God will command His peace to reign in Rivers State,” he said.
The Economic and Financial Crimes Commission (EFCC) has stated that hotels, schools, and other establishments that accept payments in dollars from their customers are at risk of facing arrest.
The Chairman of EFCC, Ola Olukoyede, said this in the agency’s publication called EFCC Alert on Monday, adding that action would be taken against individuals involved in the dollarisation of the economy.
According to him, the exception is if foreigners come in to transact business and the only means of transacting is their credit card and dollar but to charge local customers in dollars or other foreign currencies would no longer be allowed.
He said charging local activities and customers in dollars is against Nigeria’s constitution.
The EFCC chairman said, “Schools that charge Nigerians in dollar, supermarkets that trade in dollar, estate developers that sell their property in dollar, hotels that are invoicing in dollar, we are coming after you and we have made arrests in that area.
“Yes, if foreigners are coming in and the only means of transacting is their credit card, and dollar, why not? You will get that.
“But document it properly as against selling things within the system, local economy and you will be using dollar as the medium of exchange, it is illegal.
“Our law does not allow for that. And we have also affected some arrests.”
Rivers State Governor, Sir Siminalayi Fubara, has enjoined Muslim faithful to remain steadfast to the lessons learnt during the holy month of Ramadan.
Governor Fubara stated this in his message of felicitations to Muslims as they celebrate the 2024 Eid-el-Fitr Sallah, which marks the end of the one-month Ramadan fasting.
The Governor emphasised the importance for Muslims to also uphold the tenets of Islam by exhibiting the fear of God and showing piety in their daily work.
Governor Fubara said, “We must all continue in the good attributes imbibed during the holy month of Ramadan as directed by God through His Prophet, so as to ensure peace, unity and harmony in the society for a better future.”
While praying that the essence of the festival offers them happiness, peace and prosperity in all aspects of life, Governor Fubara said he recognises and appreciates the critical role that the Muslim community continues to play in the development of Rivers State, and indeed, Nigeria at large.
Governor Fubara charged them to remain unwavering and steadfast in their commitment and positive contributions to advance the development of the State and the country.
“I enjoin you all in the State to remain calm, be patient and continue to do what is right,” the Governor added.
He wished the Muslim faithful in the State and across the country a happy Eid-el-Fitr celebration.
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