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Imo Guber Verdict: Recuse Yourselves, PDP Tells CJN, Others

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The Peoples Democratic Party (PDP) has told the Chief Justice of Nigeria (CJN), Justice Ibrahim Tanko Muhammad that he, for the sake of fairness, should recuse himself from the hearing of the review application on the Imo State governorship election petition.
The main opposition also demanded that six other justices of the Supreme Court, who delivered the earlier judgement that sacked the its candidate, Emeka Ihedioha as the Imo State governor January 14, recuse themselves.
The party said the Justices who should not be involved in the matter again are Nwah Sylvester Ngwuta, Justice Olukayode Ariwola, Justice Kudirat Kekere-Ekun, Justice Amina Adamu Augie, and Justice Uwani Musa Abba Aji.
The Supreme Court has fixed, today for the hearing of the application for review in its judgement that saw Senator Hope Uzodinma of the All Progressives Congress (APC), declared winner of the state’s governorship election
The PDP made its decision known in a letter to the CJN, dated February 14, 2020.
The letter was signed by PDP National Chairman, Prince Uche Secondus, and National Secretary, Senator Ibrahim Tsauri.
The party made the demands on the grounds of likelihood of bias and the need to ensure fair hearing, adding that it was to ensure that fairness and justice is not only done, but also seen to have been done.
The letter said in part, “As a follow up to our earlier call on all members of the panel to recuse themselves, we have now sought to formalise that request or demand.
“We hereby request that the seven persons that heard the case earlier recuse themselves from participating in the consideration of this new application.
“We are not unmindful of the fact that a litigant cannot dictate to the court the panel that should hear its case. However, due to the extraordinary circumstances and the nature of this case, we think that our request is a fair one that meets the justice of the case.
“Consequently, we feel it as our patriotic duty to hereby humbly request that your Lordship constitute a different panel of this great court (other than the one that delivered the judgement) for the purpose of hearing this application.
“Your Lordship would recall that a panel of Hon. Justices of the Supreme Court presided by your good self on Tuesday the 14th day of January, 2020, delivered judgement on the above appeal.
“Your Lordship may further recall that on February 5th, 2020 the People’s Democratic Party (PDP) filed an application praying that the judgement of 14th January, 2020 be set aside on grounds of nullity of the judgment, among other grounds.
“The judgement sought to be set aside has generated so much misgiving not only among lawyers but in the general polity as a whole because of the uncertainty it has introduced into our electoral jurisprudence, its potential for crisis in our democracy, the irreconcilability of the calculations contained therein and their resultant effect.
“At the heat of the moment, the party addressed a press conference and expressed its displeasure and disagreement with the judgement, and called on the Justices that heard the case to recuse themselves during any possible future review of the case that may come before the court, the party even went further to ask the President of the court to even resign.
“As a follow up to our earlier call on all members of the panel to recuse themselves, we have now sought to formalise that request or demand. We hereby request that the seven persons that heard the case earlier recuse themselves from participating in the consideration of this new application.
“My Lord, our request is founded on Section 36(1) of the Constitution of the Federal Republic of Nigeria, which guarantees fair hearing to every citizen or entity in the determination of his rights or obligations.
“Furthermore, the time honoured and tested principles of natural justice, particularly that no man shall be a judge in his own cause is particularly relevant to this solemn request.
“Allegation of bias or likelihood of bias goes to the root of fair hearing. Denial of right to fair hearing is a logical consequence of bias in any proceeding before a court or a tribunal.
“The Constitution of the Federal Republic of Nigeria, 1999 as Amended (Constitution) guarantees the right of an individual to fair hearing. An individual’s right to fair hearing includes the right to have his/her rights and obligations determined by an independent and impartial tribunal.
“The above is clearly enshrined in Section 36 (1) of the Constitution, which provides as follows: ‘In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality’
“The right to an independent and impartial tribunal is a major factor in determining if fair hearing has been observed by a court.
“The relevant question on the issue of bias is what an ordinary man on the street would think about the fairness of the proceedings conducted by judges accused of likelihood of bias.
“We may even be wrong on the allegations made against the learned justices of the Supreme Court that sat on the case in question. We may have been bitter about the clearly observed inadequacies in that judgment, but this is now beside the point.
“The relevant question is: can any reasonable person who heard the press conference and several protests by the party, the Civil Society Organisations and Nigerians generally, all over the country, including foreign embassies, the involvement of even the international community, feel that the same panel that has been the subject of these allegations, rightly or wrongly by the Party, can sit and deliver impartial justice on the same case on review? We think not.”
Meanwhile, the National Working Committee of the Peoples Democratic Party (PDP0, yesterday, claimed that the Supreme Court was misled in sacking Emeka Ihedioha as the governor of Imo State.
This is even as the party said there were facts not tabled before the apex court before it went ahead to declare the All Progressives Congress (APC) candidate, Senator Hope Uzodinma winner of the governorship poll.
The National Chairman of the party, Prince Uche Secondus, who stated this in an interview with a select team of journalists in Abuja, yesterday, said the PDP and Ihedioha would avail the justices of the facts at its sitting in the nation’s capital today.
Secondus said it was wrong for Uzodinma to claim that the time within which the court was permitted to entertain the case which emanated from election petition had passed.

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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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