The Eagle Gate

Tag: Rotimi Amaechi

  • INEC IS RIGHT; IT IS END OF THE ROAD FOR RIVERS APC IN THE 2019 ELECTIONS

    INEC IS RIGHT; IT IS END OF THE ROAD FOR RIVERS APC IN THE 2019 ELECTIONS

    A few days ago, INEC categorically and publicly said that it will not change its decision to exclude Rivers State chapter of APC from participation in the 2019 general elections for the offices of Governor, National and Assembly membership. From the state of existing Court judgments, INEC was on firm ground.

    A good point to start would be the first of the legal fireworks initiated by relevant parties.

    1.     Suit No: BHC/78/2018

            Ibrahim Umah vs. APC & Ords.

    This suit was commenced at the Rivers State High Court, Port Harcourt. The Plaintiffs therein sought several reliefs. They include that Magnus Abe’s group were entitled to participate in the APC primaries, a declaration setting aside the purported primaries by the Ameachi group, injunction restraining APC from conducting any Local Government Congress based on the ward congress election purportedly conducted on May 5, 2018, declaration that the purported ward and Local Government and State congress conducted by APC in Rivers State on May 12th, 19th, 20th and 21st 2018 respectively and anything done there under are entitled to be set aside etc.

    INTERLOCUTORY ORDER

    While this case was pending, the Plaintiffs secured an interlocutory/interim order to restrain APC from proceeding with the scheduled congresses pending the determination of the matter. In spite of this order the APC went ahead with the primaries but appealed against the said interlocutory order in Appeal No: CA/PH/198/2018 to the Court of Appeal. In the cause of prosecuting this Appeal, APC applied through one of its Counsel to withdraw the Appeal by filing a Notice of withdrawal. Another Counsel of APC approached the Court of Appeal to continue with the Appeal. The Counsel to the Magnus Abe group opposed this strongly and argued that the Appeal ought to be dismissed. The Court of Appeal in Port Harcourt allowed and overruled the Abe group and continued with the Appeal. Abe’s group then appealed to the Supreme Court in Appeal No. SC. 1070/2018.

    CONTINUATION OF RIVERS STATE HIGH COURT TRIAL

    While this appeal was pending in the Supreme Court, the Rivers State High Court presided over by Hon. Nwogu delivered judgment on 10th October, 2018 in suit No: BHC/78/2018; Ibrahim Uma &Ords v. APC. The Court decided in favour of Ibrahim Uma & Ords restrained APC from conducting any primaries upon the ward congress which the Court found to have been conducted in contravention of extant laws and party Guidelines. The Court nullified all the nominations for election to the offices of Governor, National and State Assemblies on the ground that they were conducted in breach of extant court order restraining the conduct of same

    It would appear that the only appeal lodged against the Rivers State High Court judgment is the one against the order of interlocutory injunction made by that Court. No appeal was lodged against the substantive judgment itself. For all intents and purposes the Rivers State High Court judgment remains valid and unchallenged.

    SUPREME COURT JUDGMENT IN SC. 1070/2018

    On 8th February, 2019, the Supreme Court delivered its judgment in the Appeal filed by the Abe group against the failure of the Court of Appeal to dismiss the Appeal filed by the Ameachi group, same having been withdrawn by the filing of Notice of withdrawal at the Registry of the Appeal Court. The Supreme Court held as follows at page 19 of its judgment

    It is my considered opinion that this appeal must be given a decent burial. The appeal having been withdrawn is deemed to have been dismissed. This is what the lower Court failed or evaded for reasons stated above.

    The Supreme Court’s judgment therefore strongly protected the interlocutory orders of the Rivers State High Court restraining the conduct of primaries by APC on the basis of a flawed ward congress. In any case, the said High Court gave its final judgment which eventually nullified any purported primaries for contravening valid court orders.

    2.      SUIT NO: FHC/PH/CS/149/2018

            PDP vs. INEC & APC

    Once PDP found out that the Rivers State High Courts had given judgment nullifying any purported primaries, by APC and further restraining the party from conducting any upon the flawed ward congress, PDP quickly approached the Federal High Court and sought several reliefs. They include; a declaration that all primaries conducted in Rivers State by APC, having been set aside by a competent Court, APC was not entitled to nominate or sponsor any candidate for 2019 General Elections. They sought injunction against INEC from according any recognition to purported APC candidates.

    The Federal High Court, in a judgment delivered by Justice J.K Omotosho, found for PDP and granted the reliefs sought. The Court pointed out that it was important to obey Court orders and that the defect of non-compliance was fatal.

    3.      APPEAL NO: CA/PII/38/2019

            PDP vs. INEC & APC  

    APC filed an appeal against the said judgment of the Federal High Court in the Court of Appeal. It also filed an application for stay of execution of the judgment of the Federal High Court. The said application is still pending but has been fixed for hearing same in February, 2019.

    4.      SUIT NO: FHC/PH/CS/144/2018

             Magnus Abe & Ords vs. APC & Ords

    Magnus Abe and Ords instituted the above suit against APC and Ords seeking amongst others an order of Court that they have been duly nominated to contest the various elections in 2019 general election. They also sought an order to nullify the nomination of the candidates of Ameachi’s group and an order for INEC to recognize them as the nominated candidates. In the end, the Federal High Court declared that Magnus Abe’s group were not validly nominated by APC, having failed to prove that the primaries that produced them were validly conducted. The Court held that the primaries that produced them were conducted during the pendency of Suit No BHC/78/2018, between Ibrahim Umah & Ords vs APC. The Court also held that the Magnus Abe’s group failed to show that their primaries were conducted by the national body of APC.

    The Federal High Court went further to restrain INEC from recognizing any candidate of APC contesting for the various offices in the 2019 general elections. The Court nullified the nomination of any candidate by APC for election into the said offices as earlier nullified by Nwogu .J, on 10thOctobetr, 2018 in Suit No: BHC/78/2018, Ibrahim Umah & Ords vs APC.

    5.      APPEAL NO: CA/PH/39/2019

            APC V. SEN. MAGNUS ABE & ORDS

    APC appealed against the said Federal High Court judgment in Suit No: FHC/PH/CS/144/2018. It also filed an application for stay of execution against the judgment of the Federal High Court delivered on 7th January, 2019.

    TWIST IN THE APPLICATION

    In what appears to be a costly mix-up, APC’s counsel in their prayers for stay of execution filed on 5th February, 2019, directed their relief against the judgment of the Federal High Court in Suit No: FHC/PH/149/2018; PDP v. INEC & APC which was not the subject of this appeal. The subject of this appeal was Suit NO: FHC/PH/CS/144/2018, Sen. Magnus Abe & Ords v. APC & Ords. In spite of this costly mix-up which should have led to the striking out of such application, the Court of Appeal granted the application for “Stay of Execution as Prayed”. What the Court of Appeal granted in reality were prayers in connection with another appeal between APC and PDP.

    REACTION TO COURT OF APPEAL’S MIXED-UP ORDERS

    In reaction the mixed up order of the Court of Appeal, PDP filed an application before the Court of Appeal in Appeal NO: CA/PH/38/2019; APC V. PDP & INEC praying that the Hon. Justices should recuse themselves from further hearing the appeal or participate in the hearing and determination of the said Appeal on the basis of the mixed-up order of stay of execution and a previous application made to the president of the Court of Appeal on 30th January, 2019 for the re-constitution of a fresh panel of Appeal. The said application filed on 6th February, 2019 is pending before the Court.

    CONCLUSION

    In conclusion the judgment in suit No: BHC/78/2018; Ibrahim Umah & Ords vs. APC delivered on 10th October, 2018 by the High Court of Rivers State nullifying the nominations by APC for 2019 elections remains valid and unchanged. The judgment of the Federal High Court in Suit No: FHC/CS/149/2018, PDP vs. INEC & APC delivered on 7th January, 2019 restraining INEC from recognizing any APC candidate and also nullifying all APC nominations remain valid as it has not been set aside on appeal. In addition, no valid stay of execution has been granted to warrant INEC to act on it. The judgment in Suit No: FHC/PH/CS/144/2018; Sen. Magnus Abe & Ords vs. APC & Ords which restrained INEC from recognizing any candidate of APC for 2019 elections remains valid. No valid order for stay of execution has been made against it. In any case, for INEC to validly recognize APC candidates for all positions in 2019 elections, all existing judgments must be set aside on Appeal or validly stayed.

    So far, this has not been so. It appears that nothing can be done about the Rivers State High Court judgment in Suit No: BHC/78/2018 Ibrahim Umah & Ords vs. APC which has no appeal against it and there cannot be one anymore having regards to the period allowed by law to appeal against same. It can therefore be safely concluded that the iron curtain has been closed on APC with respect to fielding candidates for 2019 general elections with respect to Rivers State.

    My humble opinion

    Dr. Ehiogie WEST-Idahosa

  • I won’t go down alone – Wike

    I won’t go down alone – Wike

    Some aides and close associates of Chief (Barr) Nyesom Wike, the Governor of Rivers State has expressed fears over what they referred to as the “uncharitable threats” by the Governor. Governor Wike who is said to be troubled by the spate of defections that is on-going in his party, the People’s Democratic Party in Rivers State has issued a threat while meeting with selected members of the PDP leadership. Worried about the defection he said:

    “Everybody is running away to APC and they expect me to stay calm and suffer the brunt alone. It will never happen. We were in it together and we must suffer together. If they say I stole money in the Ministry of Education, I didn’t eat it alone. All of you took part. Some of you built the Alma Jiri Schools, some built the Unity Schools, some supplied books, others supervised projects. I have my proofs. Today everybody is shouting Wike killed to get to power. Did I as a person kill any Rivers man, no. They were killed in your LGAs by your boys. Now all of you are planning to run to APC for protection. I called you here today to inform you that I won’t accept that. I must fight back. If I go down, everybody goes down”

    “Chief Awuse is now comfortable meeting with Andrew Uchendu. He does not remind us anymore of how Andrew Uchendu fought against him. Rather he has all of a sudden realized that Andrew Uchendu is Godfather to his son. See Ogiri. He is now running around Emeka Beke and sending people to Dakuku. Everyone wants to play safe, even madam. Nobody is talking; nobody wants to be on our side any more. I will fight oh. You see the way Dasuki did his, that is exactly what l will do. I will name all of you one after another.”

    One of the sources from Emohua Local Government Area who was also at the meeting said the “Governor has become very desperate and feels that blackmail, intimidation and threats can keep people around him. He is forgetting that Rivers people are not moved by those antics. Most of us that supported him and the PDP did so because of President Goodluck Jonathan and that made us shut our eyes to the dynamics of Rivers politics. Unfortunately President Jonathan didn’t win, so Wike should know that other factors will now set in, which is that two, three Ikwerre persons cannot govern Rivers State in succession: Omehia, Amaechi and now Wike. Unfortunately, all the odds are against him right now and I have told him that in private. I have personally told him as a friend that the best I can do for him is standby until the Supreme Court speak and after that, I will be gone. To keep Wike as Governor after Amaechi will be injustice to the  riverine section of the State and he knows that. Even God will condemn it”

     

    Idaye Horsfall

    Culled from Revelon Newspapers

  • Rivers PDP Calls for Arrest, Investigation of Amaechi’s Ex-Commissioner, Ibim Seminetari in N1.8b Looted Funds

    Rivers PDP Calls for Arrest, Investigation of Amaechi’s Ex-Commissioner, Ibim Seminetari in N1.8b Looted Funds

    Press Statement

    The Rivers State chapter of the Peoples Democratic Party, PDP, has expressed grave concern over more startling discoveries of monumental looting and misappropriation of public funds by officials of the Amaechi administration in the State.

    The PDP says the latest discovery of over N82m wasted on a three-hour dinner organized for Nobel laureate, Prof. Wole Soyinka, by former Governor Rotimi Amaechi, through the Ministry of Information and Communication, was another confirmation of how terribly wasteful, imprudent and corrupt that administration was.

    The Party notes that apart from the negative implication this singular action has on the image of the guest, in whose honour the money was allegedly spent, it further goes to expose possible collaboration, a development that calls for explanation to Rivers people.

    The pains of the PDP is further heightened with the fact that as at the time all these financial wastes were being carried out, staff, pensioners and contractors of the State Ministry of Information and Communication were owed several months’ salaries, pensions, gratuities, and control funds; facilities at the State owned media establishments were also moribund and obsolete, and needed to be enhanced/upgraded.

    For the Party, this action by the then Commissioner, Mrs Ibim, was a clear case of financial recklessness and misappropriation, and one sure way this could be discouraged in public service is the prompt investigation and arrest of those responsible for the fraudulent actions.

    Meanwhile, following the antecedents of the former Information Commissioner, Ibim, who has been appointed acting Managing Director of the NDDC, the PDP also wishes to caution against diverting the fund’s of the Commission meant for the development of oil devastated communities in the region into funding the APC re-run Governorship Election in Bayelsa State, and re-run of some State and National Assembly elections of the All Progressives Congress, APC.

    We call on the relevant authorities to be on alert and to check the flow of funds from the Commission thoroughly during the period she may be in charge.

    We again, reiterate our call on the Police, the EFCC and other security agencies to immediately commence investigation into the N1.8b loot, which include the N82m waste on Prof Soyinka, and ensure she is arrested and prosecuted accordingly to serve as deterrent to others.

    Signed:

    Jerry Needam, JP

    Special Adviser on Media and Publicity

    To the Rivers PDP Chairman, Bro Felix Obuah

    Thursday, January 07, 2016.