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Judiciary

Rivers senatorial poll: Court orders INEC to recognise Atteng as SDP candidate

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1 year ago

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SDP
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A Federal High Court, Abuja, on Monday, ordered the Independent National Electoral Commission (INEC) to accept and publish Fred Atteng’s name as Social Democratic Party (SDP)’s candidate for the Feb. 25 Rivers South East Senatorial District election.

Justice Emeka Nwite, in a judgment, held that the refusal of INEC to recognise Atteng’s name as sent to it by the party for substitution was contrary to the provisions of the Electoral Act, 2022.

Justice Nwite said that going by the provision of Section 29 of the Electoral Act, a candidate can only be substituted either as a result of death or withdrawal from a poll.

The judge agreed with the plaintiffs that Gokana Geoffrey, having withdrawn his candidature and resigned his membership from the party as its candidate for the senatorial district poll, and the party, having conducted another primary within 14 days of the action and monitored by INEC, the commission ought to have recognised the new candidate sent to it.

The News Agency of Nigeria (NAN) reports that SDP and Fred Atteng had sued INEC as sole defendant in the suit marked: FHC/ABJ/CS/2205/2022.

In the amended originating summons dated Dec. 14, 2022 and filed Dec. 15, 2022 by their team of lawyers, the plaintiffs sought a court declaration that by virtue of Sections 65(2) (b), 106 (d), 177(c) and 187 (1) & (2) of the 1999 Constitution (as amended), INEC cannot recognise Gokana Geoffrey, who had withdrawn his candidature and resigned his membership from SDP as their candidate for the Rivers South East Senatorial District election.

Besides, they averred that the commission cannot refuse to accept the name of Mr Atteng submitted to it as party’s candidate after a validly conducted and monitored primary.

They, therefore, sought an order, directing INEC to allow the party submit Atteng’s name as represented by it, following Geoffrey’s withdrawal from the race and his subsequent resignation from the party, among others.

Though the matter was slated for judgment last Friday, the judge adjourned the matter due to a counter affidavit earlier filed by INEC dated Dec. 30, 2022.

Besides, INEC was not represented in court despite a notice of judgment served on the commission.

Counsel to the plaintiffs, Jibrin Jibrin, had earlier prayed the court to dismiss INEC’s counter affidavit which, he argued, was filed out of time contrary to Order 3, Rules 3 to 4 of the FHC Practice Direction.

In addition, he said they were not served with the said application.

When the matter was called on Monday, though Musa Ogah appeared for the plaintiffs, no lawyer represented INEC in court.

Delivering the judgment, Justice Nwite agreed with the plaintiffs that “elections are sui generis.”

He held that though the electoral umpire had about 10 days to respond to the originating summons served on them by the plaintiffs, the commission only responded on Dec. 30, 2022.

Nwite, therefore, discountenanced INEC’s application.

He said though the commission was the statutory body empowered to regulate activities of elections in the country, this must be done within enabling provisions of the law.

He held that INEC’s scheduled of activities to ensure a successful election cannot supercede the Electoral Act, 2022.

The judge, who directed INEC to allow SDP submit its candidate for substitution in the poll, order the commission to accept and publish Atteng’s name as the party’s candidate for the Rivers senatorial election.

 

 

(NAN)

 

 

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Judiciary

27 Rivers Assembly Lawmakers Dump PDP For APC

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5 months ago

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December 11, 2023

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Rivers State Governor Siminalayi Fubara and his predecessor, Nyesom Wike
Rivers State Assembly Complex. Insets: Governor Siminalayi Fubara (L) with FCT Minister, Nyesom Wike
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The Current political drama in Rivers State has taken a new turn as 27 members of the Rivers State House of Assembly have defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

A member of the Assembly, Enemi George, confirmed to Channels Television that the 27 lawmakers were under the leadership of Martin Amaewhule.

He said the decision was taken during their sitting on Monday morning.

For weeks, Amaewhule and another member, Edison Ehie, have been embroiled in a Speakership tussle. Amaewhule is believed to be loyal to ex-governor Nyesom Wike while Ehie is known to be in the camp of Governor Siminalayi Fubara.

The Assembly under Amaewhule had in October served an impeachment notice on the governor and removed Ehie as the House leader. However, some members of the Assembly loyal to Fubara immediately impeached Amaewhule and made Ehie the new Speaker.

The crisis in the 32-member Assembly had begun as a result of a rift between Fubara and his predecessor, Wike, who is now the Minister of the Federal Capital Territory (FCT).

Though the two politicians have both attended same public events in the last few weeks and all seemed to have been settled but with Monday’s defection of 27 lawmakers from the PDP to the APC, more drama might unfold in the state’s political arena.

Meanwhile, some political players from other parties over the weekend announced their defection to the PDP.

Leading the defectors from the Social Democratic Party (SDP) and the APC were the deputy governorship candidate of the SDP in the 2023 election, Patricia Ogbonnaya; and former Ahoada-West Chairman, Karibo Wilson.

They decamped alongside their supporters and other party excos.

The politicians dumped their former parties to pitch tent with the PDP group loyal to Fubara.

Also in attendance were some of the Ehie-led group of lawmakers, with the member representing Ahoada West, Goodboy Sokari representing the governor alongside Oko Jumbo from Bonny Constituency.

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Judiciary

NJC Recommends Appointment Of 11 Supreme Court Justices

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5 months ago

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December 7, 2023

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Entry Point to Supreme Court Complex Abuja
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The National Judicial Council (NJC) has recommended the appointment of 11 justices to the Supreme Court.

A statement by the apex court’s Director of Information, Soji Oye, said the recommendation was made at the 104th meeting of the council in Abuja on Wednesday.

The recommended candidates would be sworn-in after the approval of their recommendation by President Bola Tinubu and the subsequent confirmation of their appointment by the Senate.

With this appointment, the apex court will have the full complement of 21 justices, as envisaged by the Constitution.

Those recommended for appointment to the Supreme Court are:

Hon. Justice Jummai Hannatu Sankey, OFR
Hon. Justice Chidiebere Nwaoma Uwa
Hon. Justice Chioma Egondu Nwosu-Iheme
Hon. Justice Haruna Simon Tsammani
Hon. Justice Moore Aseimo A. Adumein
Hon. Justice Obande Festus Ogbuinya
Hon. Justice Stephen Jonah Adah
Hon. Justice Habeeb Adewale O. Abiru
Hon. Justice Jamilu Yammama Tukur
Hon. Justice Abubakar Sadiq Umar
Hon. Justice Mohammed Baba Idris

The NJC at its last meeting for the year also recommended the appointment of Justice Mohammed Ramat to the Court of Appeal, as well as six heads of courts and 26 other judicial officers.

The various Heads of Court recommended would also be sworn-in upon the approval of their appointment by their various State Governors and subsequent confirmation of same by their respective State Houses of Assembly.

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Judiciary

CJN Urges Judges To Remain Fair In Judgements

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6 months ago

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November 28, 2023

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Justice Olukayode Ariwoola
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The Chief Justice of Nigeria, Justice Olukayode Ariwoola, has asked Judges to maintain the integrity that the Judiciary is known for and remain fair and firm in their Judgements.

The CJN was speaking at the opening of the special session of the 2023/2024 Legal year and Swearing-in of 58 newly conferred Senior Advocates of Nigeria In Abuja.

Ariwoola added that he expects every judicial officer to work very hard and also be very honest and courteous to the litigants, witnesses and members of the bar, and discharge all their judicial functions with all the humility at your command.

While pledging to safeguard the rule of law, the holistic independence of the judiciary and the trust and confidence of the public, the CJN further reiterated the determination of the Judiciary, not to be overwhelmed by the sentiments of the public in their decisions.

He stated that the law remained the law, no matter whose interest was involved.

He charged them that In all they do, as interpreters of the law, they should endeavour to severe the strings of emotion from logic and assumption from fact.

The CJN further reminded the judges that it is necessary to have at the back of their minds that public opinions, sentiments or emotions can never take the place of the law in deciding the cases that come before them.

He stated that the Judiciary, as it is today, is more deserving of public trust and confidence than ever before; and they are poised to reposition it for effective justice delivery to make the country a destination of note in the observance of the rule of law and tenets of Constitutionalism.

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