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Supreme Court To Fix Hearing In PDP’s Suit Seeking Uzodinma’s Sack

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The Supreme Court is expected to fix hearing date anytime soon in a motion filed by the Peoples Democratic Party (PDP) seeking to sack the Governor of Imo State, Senator Hope Uzodinma.
It was learnt that parties have filed some additional processes in relation to the motion filed last year and that the PDP, through its lawyer, Phillips Umeadi recently filed a fresh document, requiring the Supreme Court to set the case down for hearing.
Information at the court’s Registry revealed the motion by the PDP, in which it’s praying the Supreme Court to reverse its decision sacking Emeka Ihedioha, is now ripe for hearing because some processes were recently filed by some of the parties.
It was gathered that the next step is for the Deputy Registrar (Litigation) to liaise with the Chief Justice of Nigeria (CJN) for a hearing date, which would soon be communicated to parties.
Listed as respondents to the motion on notice, filed by the PDP in an earlier appeal by Ugwumba Uche NWosu, marked: SC/1384/2019 are: Nwosu, the Action Peoples Party (APP), Uche Nnadi and the Independent National Electoral Commission (INEC).
It is PDP’s contention that it was wrong for the court to declare Hope Uzodinma of the All Progressives Congress (APC) the winner of the March 9, 2019 governorship election in Imo State after disqualifying Nwosu from contesting the election on the grounds that he allowed himself to be nominated as the governorship candidate of both the Action Alliance and APC for the same election.
It wants the court to declare that both the AA and the APC did not sponsor any candidate for the election in view of Nwosu’s double nomination by the AA and APC and his subsequent disqualification by the court in its judgment given on December 20, 2019
The PDP also wants the court to order that Hope Uzodinma was not a candidate by himself or of any political party at the election; and to order INEC to withdraw the certificate of return issued to Senator Hope Uzodinma.
The party is equally praying the court to order INEC to issue a certificate of return to its candidate in the election, Emeka Ihedioha “as the duty elected Governor of Imo State, having scored the second highest number of votes in the said election sequel to the judgment of this court in Appeal No: SC/1462/2019 – Senator Hope Uzodinma & another v. Rt. Hon. Emeka Ihedioha & others delivered on 14th January, 2020.
It is further praying the court to issue an order, directing that Ihedioha be immediately sworn-in as the governor of Imo State.
The grounds relied on by the PDD in seeking the reliefs includes that the court had, in its December 20, 2019 judgment, found that the Nwosu was nominated by both APC and AA as their candidate for election held on March 9, 2019, and conclusively held that he was disqualified by the provisions of Section 37 of the Electoral Act for double nomination.
It stated that although Ihedioha was declared winner of the election and subsequently sworn-in, the Supreme Court in its judgment delivered on January 14, 2020 in the appeal, marked: SC1462/2019, filed by Uzodinma, held that the appellant (Uzodinma) and not Ihedioha that scored the highest number of votes in the election and ought to be returned as the duly elected governor.
The PDP added that by the clear terms of the Supreme Court’s judgment of December 20, 2019 in the appeal by Nwosu, it was obvious that neither the AA nor the APC fielded any a candidate for the election held on March 9, 2019 and as such Uzodinma could not have been returned as the election as a candidate of the APC.
It said, “APC could not have substituted the appellant (Nwosu) with a view to further nominating the said Senator Hope Uzodinma as their candidate because that right is not available to the party under the Electoral Act.
“Senator Hope Uzodinma could not have been a candidate in the election as an independent candidate as such right is not available to him.
“Rt. Honourable Emeka Ihedioha, who is the candidate nominated by the third respondent/applicant (PDP), and who scored the second highest number of votes after Senator Hope Uzodinma, from the judgment of this court, ought therefore to be issued a certificate of return by the fourth respondent (INEC) and sworn in accordingly”.
A legal officer in the PDP, Adedamola Farokun stated, in a supporting affidavit, that by virtue of the Supreme Court’s judgment in Uzodinma’s appeal, Ihedioha scored the second highest votes after Uzodinma.
Farokun added that by virtue of the Supreme Court’s earlier judgment in the appeal by Nwosu, which nullified the candidature of Nwosu as the duly nominated candidate of the APC, the APC had no candidate for the governorship election held on March 9, 2019.
He argued that it was Ugwumba Uche Nwosu who was the duly nominated candidate of the APC, which nomination was on the records of INEC up to and after the election, but whose nomination was nullified by the December 20, 2019 judgment Supreme Court.
Farokun contended that as at when Nwosu’s candidacy was nullified, the APC could not have validly substituted its candidate as there are no provisions for post-election substitution of candidates.

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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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