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S’ Court Adjourns Ihedioha, Zamfara’s Fresh Appeals To March 2

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The Supreme Court, yesterday, adjourned the hearing of the fresh application that sacked the governor of Imo State, Hon Emeka Ihedioha, filed to be restored back to the office, till March 2.
The development came on a day the Chief Justice of Nigeria, Justice Tanko Muhammad, assumed the headship of a seven-man panel of justices of the apex court that would hear the matter.
Also, yesterday, the Supreme Court fixed March 2 to review its judgement that sacked all candidates of the All Progressives Congress (APC) that won various positions in Zamfara State in the 2019 general election.
A five-man panel of justices of the apex court headed by the CJN, Justice Tanko Muhammad, adjourned hearing of the application for a review of the judgement, after it noted that some of the parties were not served.
Aside from the CJN, other justices that participated in the proceedings that led to the January 14 judgement of the apex court that removed Ihedioha and declared Senator Hope Uzodinma of the APC, also made a comeback in the panel.
The other justices in the panel are Kudirat Kekere-Ekun who delivered the lead judgement that sacked Ihedioha, Justices Sylvester Ngwuta, Umani Abba-Aji, Aminu Sanusi, Kayode Ariwola and Amina Augie.
When the case was called up, yesterday, Ihedioha’s legal team led by a former Attorney-General of the Federation and Minister of Justice, Chief Kanu Agabi, SAN, applied for a short adjournment to enable them to respond to motions that were served on them.
Neither Uzodinma’s lawyer, Mr Damian Dodo, SAN, nor that of the Independent National Electoral Commission (INEC), opposed the request.
Consequently, the CJN-led panel deferred the hearing of Ihedioha’s request for review of its judgement till March 2.
It would be recalled that the panel had in its verdict that is being challenged by Ihedioha and his party, the Peoples Democratic Party (PDP), declared Uzodinma winner of the Imo governorship contest after it noted that some valid votes that accrued to him in 388 polling units were illegally excluded during the computation process.
It held that if the excluded votes were added, Uzodinma, who was the appellant, would have secured the majority of valid votes cast at the governorship election.
The apex court, therefore, ordered INEC, which was the 1st Respondent in the matter, to immediately issue a fresh certificate of return to Uzodinma who came fourth in the election.
Dissatisfied with the decision, Ihedioha, in his fresh five grounds of appeal, contended that the Supreme Court lacked the jurisdiction to declare Uzodinma governor in the absence of any proof that votes ascribed to him met the mandatory geographical spread.
Reacting, the APC and PDP, yesterday, aired their opinions regarding the adjournment of the Supreme Court review on the January 14, 2020 judgement till March 2, as requested by the PDP, to respond to motions that were served on them by the APC.
According to the Imo PDP Publicity Secretary, Damian Opara, “APC and Senator Hope Uzodinma filed a motion that was served on the applicants.
“Normally, when you file such motion, they need time to study and respond to it. How can somebody say that they were not prepared in a matter they filed long time ago. The lawyers needed time to study and reply them. We are fully prepared for the matter”.
When asked if his party was in high expectation, he said: “Well, I am not a lawyer but the little I know is that justice will prevail.”
On the other hand, the Imo APC Publicity Secretary, Enyinnaya Onuegbu, said, “The reasons for asking for adjournment was that the processes were still coming in. Maybe, they have filed or they were still supposed to file.
“Yesterday, they filed and served a fresh application, which apparently, the respondents have not responded to.
“What I mean is that the reply that the Senator Hope Uzodinma and APC served on Agabi, probably, the lawyer to the applicant would want to serve further responses.
“But the only thing is that why will they ask for a hearing notice despite knowing that all the processes have not come in. They are asking for a hearing notice and inconvenience the party on the other side.
“But it is allowed for the party on the other side to ask for an adjournment. You see, we did not oppose the application; we conceded to it. Normally, the courts do not have any choice than to consent to such an adjournment”.
When asked if APC was still in high expectation, he said: “We have the judgement of the Supreme Court. The governor has been sworn-in and adjudicating the function of the office, including payment of the civil servants.
“He paid January salaries by January 26; the governor has allowed most unusual contractors appointed by the past administration to continue their contracts.
“We are already in the office, so we do not expect any change because the time to contest any election petition matter in court has come and gone.”
On the issue of the governor yet to arrive in Imo, Onuegbu said: “The governor accompanied the president to Ethiopia, for four to five days; the governor by law is expected to attend Federal Executive Council (FEC) meeting on Wednesday.
“The Imo State has a liaison office in Abuja, which is why wherever the governor is that is where the Government House is. The functions of government run smoothly with other appointees and the civil servants. Yes, we should expect the governor home.”
On the Zamfara case, the fresh application was brought by a faction of the APC led by a former governor of the state, Abdulaziz Yari.
Counsel to the Applicants, Chief Robert Clarke, SAN, said his clients were challenging the verdict of the apex court on the basis of its consequential orders that handed victory to candidates of the PDP in the state, which he said rendered the entire judgement a nullity.
The Applicants argued that reliefs the Supreme Court granted in favour of the PDP and its candidates were extraneous to issues that aggrieved members of the APC brought before it for adjudication.
In their fresh application marked SC/377/19, they argued, “That the Consequential Orders made by this Honourable Court in 5 appeals have made non-parties to the appeal to unjustifiably benefit from the outcome of the appeal contrary to age-long decided authorities by this same court, hence, making these non-parties to reap from where they never sowed.
“That the teeming electorate in Zamfara State have been unfairly and unjustifiably denied or deprived of their natural or ordinary outcome of the votes cast by them.”
However, Chief Mike Ozekhome, SAN, who appeared for the Senator Kabiru Marafa-led faction of the APC in Zamfara State, told the apex court that he filed a preliminary objection to challenge the competence of the fresh application.
The Independent National Electoral Commission (INEC) was cited as the 179th Respondent in the matter.

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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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