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Guber Election Petition: We Expected Victory At Supreme Court -Wike …Says Petition, Exercise In Futility …As Awara Concedes Defeat

Published

5 years ago

October 28, 2019

The Rivers State Governor, Chief Nyesom Wike has emphasised that he expected the confirmation of his re-election by the Supreme Court because the governorship candidate of the African Action Congress (AAC), Engineer Biokpomabo Awara couldn’t have won an election he did not contest.
In an interview at the weekend, the governor said that from the very beginning, there was no issue because the AAC candidate posed no problem, since he was unknown to Rivers people.
Wike said he only got to know of Biokpomabo Awara about two days to the election, because such a person never existed in the political lexicon of Rivers State.
The governor said: “I expected the confirmation because the law is clear. The man who is challenging us never contested any election. So, he couldn’t have won. It is so painful, but what do you do?
“It is part of life, if he really ran election with us; one can say there could be a problem. A man that I never knew till a few days to the election, how would it have been that the man won the election? So, I expected that the court would do the right thing, which they did”, he stressed.
Wike expressed confidence in the capacity of the Judiciary to always act in the best interest of the nation’s democracy.
He said even though nobody expects perfection, the Judiciary has continued to perform her constitutional responsibilities.
The governor said: “We give God all the glory. Some of us have confidence in the Judiciary, even though you can’t expect perfection. That does not mean that they have not done well. So, I am happy what happened on Friday at the Supreme Court.
“We give God all the glory that all through, He has been on our side for us to continue to do what we are supposed to do for the people of Rivers State. God has given us the opportunity to deliver more dividends of democracy according to the will of Rivers people”, he stated.
Wike said his training as a lawyer has helped him to promote the rule of law at all times, adding that the rule of law was the cornerstone of good governance.
He said: “You don’t talk of governance but you talk of rule of law. When people talk about governance, we talk about accountability. You can’t talk about all these things without adhering to the tenets of the rule of law. So, my training as a lawyer gives me the background that I must follow due process. What the law says, you must adhere, whether it is against you or not.
“The rule of law is very much the backbone of getting to the root of democracy. So, as a lawyer, I feel happy that it has helped me, moulded me, and as my backbone to say, look you have to do what is right.”
Wike said the relative security being enjoyed in the state was a product of investment of the state government and the contributions of all stakeholders.
“It has to do with collective efforts of every stakeholder: the security agencies and the people. If the people are not with you, it will be difficult for you to try to curb insecurity. If the security agencies are not willing to fight insecurity, it will be difficult because one, I am not a security personnel. Mine is to give the necessary logistics to see that they curb these miscreants to the point that they will know that here is not comfortable for them, and this is what the security agencies are doing.
“After the 2019 general election, the security agencies in the state have been working with us, the synergy is so tight, that is why we are achieving what we achieving. It is not a one-man show”, he said.
It would be recalled that the Supreme Court had upheld the victory of Rivers State Governor, Chief Nyesom Wike, in the 2019 gubernatorial election.
The apex court, in a judgment delivered by a panel of three Justices, last Friday, upheld Wike’s appeal against the decision of the Court of Appeal which reinstated the petition of the candidate of the African Action Congress (AAC), Engineer Biokpomabo Awara.
The Rivers State Governorship Election Petitions Tribunal had earlier in October dismissed the petition of AAC candidate, Awara, declaring Wike winner of the poll, which was later challenged by the AAC candidate at the Court of Appeal.
On Friday, the Supreme Court, in a landmark judgment by three Justices led by Justice Inyang Okoro, ruled that hearing of an abandoned petition amounted to no other purpose than academic, adding that the hearing was an exercise in futility.
Earlier, the apex court also upheld Wike’s appeal against Awara with appeal number SC1111/2019 over a judgment by the lower court dismissing the appeal by the governor over the appointment of counsel to Awara, to file court processes.
Speaking after the judgment, Counsel to Wike, Barrister Ferdinand Orbih, SAN, noted that the two judgments were landmark pronouncements by the Supreme Court.
“Across all the tribunals in the country, the issue has always been what is the relationship between the power of the tribunal to dismiss the petition that has been abandoned vis-a-vis the constitutional provision that says that interlocutory matters bothering on jurisdiction must wait until the final judgment.
“That is the issue that was resolved by the Supreme Court today that when an issue is abandoned, you don’t have to wait until the final judgment before the tribunal can pronounce on it that you are dismissing this petition because it has been abandoned,” he said.
Orbih noted that by the two judgments, the matter filed by the AAC in Rivers State has received its final nail on its coffin, its dead and buried forever.
Reacting to the judgment, Counsel to the AAC, Barrister Henry Bello, disclosed that the two judgments delivered by the Supreme Court cover six appeals namely, SC1111/2019 covers SC1113/2019 and SC1121/2019, adding that the appeal for SC1112/2019 covers SC1114/2019 and SC1122/2019, respectively.
Bello said “the first judgment has to do with abuse of process. At the tribunal in Port Harcourt, there was appeal against a decision of the tribunal at the same time, the same thing in the appeal was also sought to be rectified by the tribunal in another application.
“Our contention at the tribunal was that it was an abuse of court process, and that it should be dismissed. The tribunal agreed with us and dismissed that. They went on appeal to the Court of Appeal in appeal number CA/PH/EPT/375/2019, and the Court of Appeal disagreed with the tribunal that it was not an abuse of court process.
“Today, the Supreme Court has upheld our position that it was an abuse of court process. And moving forward, there was a decision of the Supreme Court on 15th of October in appeal number 1120 where the Supreme Court upheld the appointment of my humble self as counsel to AAC.”
He noted that based on the judgment, counsel to Awara, Festus could not file processes on his behalf anymore, but, however, noted that the counsel defiantly continued to file processes even after he had taken over the conduct of proceedings pursuant to the business of Order 9 Rule 35 of the Federal High Court Rules which is applicable by virtue of paragraph 52 of the First Schedule to the Electoral Act.
“And so, we contended that it was wrong. So, the Supreme Court has by this judgement now set aside all those processes filed on my behalf, and held that those processes were filed in abuse of court process.
“The final judgment in 1112 applies to two other related appeals. In that one, because of the judgment in 1111 that processes filed on my behalf were null and void, one of such processes was application for issuance of the hearing notice filed again on my behalf without my instruction, consent or authority.
“The Supreme Court has today agreed that those processes were null and void, and there was no application for issuance of pre-hearing notice. Now, that has to do with the purpose of paragraph 18 of the First Schedule of the Electoral Act, which says within seven days of completing of pleadings, you must apply for pre-hearing notice to be issued.
“Then, paragraph 18 (4) says if you don’t apply, then your petition is abandoned, and it will be dismissed. Now, Section 285 of the Constitution says you cannot raise an objection to the competence of an election petition.
“So, the contention of Awara is because of Section 285, paragraph 18 is inconsistent with the provision of Section 285 of the Constitution. Supreme Court has told us today that both of them are consistent; they are procedural; one does not offend the other.
“If paragraph 18 had offended Section 285, then, the right given to the tribunal to dismiss a petition that is not properly prosecuted would not have been there. But the Supreme Court has today held that you must be diligent in the prosecution of your election petition. If you are not diligent, the tribunal has the right to dismiss it.
“This is the first judgment in respect of that, and is a serious precedence that will assist us in all election petitions in the country moving forward,” Henry noted.
However, the Governorship candidate of the African Action Congress (AAC), in the March 9 governorship election in Rivers State, Engr. Biokpomabo Awara, has accepted the Supreme Court judgment which upheld the victory of Governor Nyesom Wike, and finally confirmed him as the duly elected governor of Rivers State.
Awara reacted to the apex court’s verdict in a statement he issued and signed personally, last Saturday, in which he conceded defeat, congratulated the governor, and prayed for the peace and progress of the state.
He claimed that, “Some party men with unholy and unpatriotic desires clothed with tainted hands overtly worked for Governor Nyesom Wike at the tribunal and all through the appeal process”.
Awara then expressed his indebtedness to Transportation Minister, Chibuike Amaechi and his APC family in Rivers State that adopted him as their governorship candidate in the 2019 general election.
“From the depth of my heart, I say thank you a million times to Rt. Hon. Chibuike Rotimi Amaechi and his APC family in Rivers State as silver and gold, I don’t have to repay them for what they have done to me. It is my humble prayers that God should guide and guard their footsteps unto eternity,” Awara prayed.
The statement titled, “Thank You For Your Support And Prayers”, reads: “It is with joy and happiness that I write to say, ‘thank you’ Rivers people for your doggedness and patient as we together fought through this battle to save Rivers State.
“Just yesterday, the Supreme Court upheld the victory of Governor Nyesom Wike and upturned our collective efforts to liberate Rivers State… But God knows the best.
“The Supreme Court, in their wisdom, set aside the judgement of the Court of Appeal and technically upheld Governor Wike’s victory. Indeed, it’s on good record that my party (AAC) was infiltrated with greed and corruption, and thus, some party men with unholy and unpatriotic desires clothed with tainted hands overtly worked for Governor Wike at the tribunal and all through the appeal process. In the light of the foregoing, the petition I filed was withdrawn.
“Though we lost, but my happiness is that our fight was a good fight of faith….
“Let me also use this opportunity to thank all my party members who stood by me during these trying times and were able to overcome all temptations despite the hunger in the land. But God willing, we fought till the end.
“I wish to encourage you all to continue to be law abiding and pray to God to give us a better and another opportunity to make Rivers people proud again.
“Once more I say thank you all.”

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Be Firm In Fight Against Oil Theft, Fubara Tells CNS …As Navy Moves Training Hqtrs To Rivers …Seizes 14 Vessels In Three Months

Published

2 days ago

April 26, 2024

The Tide

Rivers State Governor, Sir Siminalayi Fubara, has encouraged the Nigerian Navy to be firm in the fight against all forms of economic sabotage, particularly crude oil theft, in the nation’s waterways.
The Governor noted with delight the positive results already recorded by the Navy in the State due largely to the tremendous support it has received from his administration.
Governor Fubara spoke when he hosted on courtesy visit, the Chief of Naval Staff, Vice Admiral Emmanuel Ikechukwu Ogalla with his delegation of top officers of Navy High Command at Government House in Port Harcourt,yesterday.
The Rivers State Governor stated that Nigeria was facing myriad of crises, including economic challenges, rising insecurity and criminal activities that threaten the national economy, which should not be overlooked.
He said, “We are working together, we will give you all the support to make sure that you deliver on your mandate.
”And what is the mandate? You were appointed at a time when our country is facing a lot of crises, and your duty, among others, include to reduce, if it cannot be eliminated completely, the criminalities perpetrated on the waterways; oil theft and others.
”And I am happy that they are positive and commendable records of achievement so far, in the course of your tenure.”
Governor Fubara said the good news of reduced level of oil theft in Rivers State is evidence of the many positive things that are happening in the State beyond the much hyped negativity, and assured that such positive achievements will be sustained.
The State Chief Executive insisted: “The success of the Nigerian Navy in our State, in the areas of oil theft, is because the State Government has given you all the necessary support.
”We have collaborated with the command here. We supported them morally, and with all the necessary logistics.
”We have also maintained good relationship with the communities to make sure that whatever it is that is required for these operations to be successful were granted. I am happy to be associated with these very laudable achievements.”
Governor Fubara said: “So, I have to say that I am happy that the Chief of Naval Staff, today, is commending the success of the exercise. He is commending the doggedness of the men in fighting oil theft, not just in the Niger Delta, but particularly in our State.
”I want to assure you that we will continue to give them the support, and discourage any act that would be a sabotage to the economy of our State.”
Governor Fubara said that Rivers State was not named in error: there are several water channels that can boost the operations of the Navy. This is why we are requesting that the Nigerian Navy move all its bases to the State.
”It was not a mistake they called it Rivers State. It is surrounded with all forms of rivers. You want the Atlantic region, you can get it here. You want those small creeks, you can also get it here. Maybe, if you want an Island, you can also find it here.
”So, it is proper if we work with you and you have all that is required within this geographic region, to have all your bases relocated to Rivers State,” he said.
He further said: “We must continue to give you the necessary support to make sure that you succeed. I am happy to also say that, as the Governor of the State by the special grace of God, we are still here, not minding the dramas here and there. We will not let our people down in ensuring that we protect their interest.
”We will support the genuine course of governance; the protection of lives and provision of basic amenities. And these can only be achieved when there is a peaceful environment.
”And the peaceful environment can only come when there is a collaboration with security agencies to prevent crimes, and protect lives and property of residents.”
In his address, the Chief of Naval Staff, Vice Admiral Emmanuel Ikechukwu Ogalla, reiterated that the Nigerian Navy and Rivers State are like conjoined twins who cannot do without each other.
This is because, he said, they needed collaboration on various aspects of their activities ranging from training, operations, logistics, adding that Rivers State is key to their performance.
”My purpose of coming here today are three folds. The first is to inform His Excellency that on Saturday, we are graduating a set of former civilians who have been trained at our Basic Training School, Onne, and are graduating to join the ranks of the Nigerian Navy as ratings in order to beef up our strength.
”The second reason is to first appreciate the Governor and the entire Rivers State Government for the schools they donated to us: the Ambassador Nne Krukrubo Model Secondary School at Eleme in Eleme Local Government Area, and the Model Secondary School, Egbelu in Oyigbo Local Government Area.”
Vice Admiral Ogalla stated further: “We also want to use this opportunity to inform His Excellency that following that donation, and based on our strategic plan of moving our facilities to areas where we have enough space to be able to carryout out duties, we have renovated the school at Eleme.
”We are happy to report, today, that the erstwhile location of Headquarters of Naval Training Command, Lagos, is moving to that particular school location in Eleme, tomorrow.’
Speaking on the operational successes recorded thus far, he said that propelled by the charge given to them by President Bola Tinubu, the Nigerian Navy, under his watch, has impounded 14 vessels caught to be conveying stolen crude oil and several other individuals arrested, adding that investigations into their culpability were ongoing.
”I am here today to report Sir, that, with the “Operation Delta Sanity”, launched in January, 2024, we have been very successful, and within the period, we have recorded tremendous successes and achievements.
”Over 14 large crude carrying vessels have been arrested within that period. Most of them are at various levels of investigation. We have also arrested several barges and other companies and organizations that are involved in oil theft.
”As a result of the operations, we are happy to report that there has been tremendous improvement in terms of security in the maritime environment,” Ogalla added.

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118 Inmates Escape As Rainstorm Destroys Niger Prison

Published

2 days ago

April 26, 2024

The Tide

A heavy downpour has wreaked havoc on the Medium Security Custodial Centre in Suleja, Niger State, resulting in extensive damage to the facility and facilitating the escape of 118 inmates.
This was disclosed in a statement signed by the spokesperson, Federal Capital Territory Command of the Nigerian Correctional Service, Adamu Duza, yesterday.
Duza noted that the downpour which occurred on Wednesday night, caused severe damage to the custodial centre’s infrastructure, including a breach in the perimeter fence, which allowed the inmates to flee.
However, 10 fleeing inmates had been recaptured following a swift response by the NCoS in collaboration with other security agencies.
Duazu promised that efforts were ongoing to recapture the remaining fleeing inmates, adding that their database would soon be made known to the public.
Recognising the vulnerability of ageing facilities, many of which were built during the colonial era, Duza acknowledged that the NCoS was committed to modernising its infrastructure.
The statement further noted that the Controller of Corrections, FCT Command, Francis John, assured the public that the situation was under control and urged them to carry on with their daily activities without fear.
The public was encouraged to remain vigilant and report any suspicious activities or sightings of escaped inmates to the nearest security agency.
The statement read in part, “A heavy downpour that lasted for several hours on the night of Wednesday, April 24, 2024, has wreaked havoc on the Medium Security Custodial Centres, Suleja, Niger state, as well as surrounding buildings, destroying parts of the custodial facility, including its perimeter fence, giving way to the escape of 118 inmates of the facility.
“The service has immediately activated its recapturing mechanisms, and in conjunction with sister security agencies, has so far recaptured 10 fleeing inmates and taken them into custody, while we are in hot pursuit to recapture the rest.
“The service is not unmindful of the fact that many of its facilities were built during the colonial era and that they are old and weak. The Service is making frantic efforts to ensure that all aging facilities give way to modern ones.
“The Controller of Corrections, FCT Command, Francis John, wishes to assure the public that the service is on top of the situation and that they should go about their normal businesses without fear or hindrance.”
Meanwhile, the United States has underscored the significant challenge of overcrowding in Nigerian prisons.
The US, according to its ‘2023 Country Reports on Human Rights Practices: Nigeria,’ published on its website on Tuesday, noted that numerous correctional facilities were grappling with a staggering 50 per cent increase in the number of inmates beyond their intended capacity, revealing a systemic issue.
Furthermore, it disclosed that a notable proportion of these prisons, some with histories dating back 70 to 80 years, faced difficulties in meeting even the most fundamental standards of living.

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Rivers’ll Be Known For Peace, Not Crisis -Fubara

Published

3 weeks ago

April 10, 2024

The Tide

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.