29/08/2023
My meeting with contractors handling projects in FCT
Chief Barr EN Wike CON,
FCT Minister
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28/08/2023
My Husband Wants Divorce After Seeing These Casual Photos with My Boss in the Office - Nigerian Wife Cries Out.
What's your opinion?
18/03/2022
Federal High Court Declares Section 84(12) of Electoral Act Unconstitutional
A Federal High Court sitting in Umuahia the Abia State capital has declared unconstitutional Section 84(12) of the newly amended Electoral Act.
The court presided over by Justice Evelyn Anyadike while delivering judgement Friday held that the section is in violation of a provision in the 1999 Constitution as amended and should therefore be deleted.
It would be recalled that President Muhammadu Buhari had while signing the amended Electoral Act called the attention of the National Assembly to amend the section as it violates the Constitution and breached the rights of political appointees.
Swiftly, President Muhammadu Buhari wrote a letter to both Chambers of the National Assembly seeking amendment of the section but the Senate rejected the President's request.
The Presiding judge holds that the Constitution has already stipulated that appointees of government seeking to contest elections were only to resign at least 30 days to the date of the election and that any other law that mandated such appointees to resign or leave office at any time before that is unconstitutional, invalid, illegal null and void to the extent of its inconsistency to the clear provisions of the Constitution.
02/03/2022
Traffic warden at location junction, Ada George road; wows onlookers as he shows dance moves.
Copied.
07/10/2021
THE LEADER OF ETCHE LEGISLATIVE ASSEMBLY BRUTALLY BEATEN BY THE CHIEF SECURITY OFFICER OF THE COUNCIL.
The leader of Etche Legislative assembly Rt. Hon. Cynthia Nwala was brutally beaten and striped naked publicly by one Hon. Chinedu Onyeche (Chino).
05/10/2021
KEN SARO-WIWA POLYTECHNIC HONOURS DR DIMKPA WITH SHINING STAR AWARD.
~As Dr Dimkpa challenges tertiary institutions on research to develop home-grown solutions to our problems.
Rivers-born politician, philanthropist and entrepreneur, Engr Dr Chukwudi Dimkpa has bagged a "Shining Star Award" from the Kenule Beeson Polytechnic, Bori, Rivers State, Nigeria.
The award was presented in an elaborate ceremony organized by the Ken Poly Chapter of the Academic Staff Union of Polytechnics, ASUP, in an occasion to flag-off the the union's research centre and secretariat building projects.
According to ASUP, the award is in recognition of Engr Dimkpa's mountainous contributions to the growth of the body of knowledge, particularly in the areas of socio-economic development and enhancement of academic research and innovation in Rivers State.
Dr Dimkpa, who was special guest of honour at the event, in his remarks, thanked ASUP, the Rector and the Polytechnic community for finding him worthy of the prestigious honor, pledged his continued support to every effort at academic development and research.
He noted that tertiary institutions world-over are known to be citadel of knowledge development and research, challenging the Polytechnic to develop home-grown solutions to our challenges.
"The Industrial Revolution which placed the European Continent as the dominant world power for centuries until the outbreak of World War 1 and World War 2 was achieved on the basis of research and the subsequent implementation of the results".
"Tertiary institutions are seen quite rightly as citadels of learning and
advancement of knowledge. While knowledge in itself is power, effective use of that power can only be achieved where the said knowledge is implemented for the greater good and benefit of majority of the people".
"The world over, tertiary institutions which are hailed as the best have one thing in common, decades of research activities, in some cases this experience stretches into centuries. They have been able to deploy the benefits of this culture into solving the various problems that have bedeviled their respective societies and environments at every turn".
"The goal of every research center is to enable interaction between faculty, scholars, students and industry to enhance research opportunities, academic excellence, real world problem solving and knowledge creation and dissemination".
Dr Chukwudi Dimkpa lamented our over dependent on external solutions to solving our problems, regardless our potentials, regretting the inability of our scholars in our tertiary institutions to harness our enormous potential towards solving our problems.
"We are a country blessed with immense human and material resources. However, our inability to believe in our own abilities to solve the myriad of problems we face, our lack of investment in and proper coordination of our educational assets have seen us constantly rely on foreigners for the
provision of the solution to our problems. We fail to understand that a home grown solution is the best way to go".
"The Covid -19 pandemic is a clear example of this. While the developed world was able to marshal their considerable resources into the study of the virus and the production of vaccines to combat it, we waited with bated breath and prayers on our lips. The result of this neglect stares us in the face".
He commended the Polytechnic for their efforts towards establishing the research centre, outlining some of benefits the center will provide when completed and advice on it's continued functionality.
"Let me end by once more congratulating and commending the Association and the Polytechnic management for this wonderful step in the right direction"
5th October, 2021.
04/10/2021
Port Harcourt girl, somewhere in the city!
Guess the correct location, like and share...
And win 5k airtime recharge
07/07/2021
ENOUGH OF THE DECEIT, ENOUGH OF THE SUFFERING!!!
Being text of media briefing by Ogoni Peoples Assembly and presented to the Government and people of Nigeria today, Wednesday, 7th July 2021on the deplorable state of the Eleme-Onne Axis of the East West Road and our position on the Petroleum Industry Bill {PIB} at Ken Saro-Wiwa Hall of Fame, Legacy Centre, Abuja Lane, D/Line Port Harcourt.
1} The Ogoni Peoples Assembly (OPA), is a pan-Ogoni ethnic organization and coalition of all Ogoni based civil society, youths, women/children rights groups, established few years back as an umbrella body to champion legitimate, non violent campaigns and agitation for the human, economic and environmental rights of the great Ogoni people. OPA does not replace Movement for the Survival of Ogoni People (MOSOP), but rather complements that initiative.
2} Recall that the agitation and clamour for rehabilitation/reconstruction of the Warri-Kaiama-Port Harcourt-Eket-Oron Federal High Ways, otherwise called, “East-West Road” did not start today. This most important road in the country apart from being the main topic in all political campaigns, has been on government drawing board for several decades now. It is surprising that while over 90% of monies used to build sophisticated roads and cities in Nigeria come from the Niger Delta, this particular East West Road has continued to suffer neglect and abandonment and this has adversely affected movements and businesses in the region.
3} Also recall that the 15 kilometre Eleme-Onne section of the East-West road is unarguably the busiest and most economically viable after Apapa in Lagos.
The road carries large volume of heavy traffic involved in haulage from the Onne deep sea port in addition to the gas and petroleum exploration and exploitation activities in that axis. Again, this road is the major access to other very important Federal Government investments like the Aluminum Smelting Plant at Ikot Abasi, the Fertilizer Plant at Onne, the Onne Sea Port, the Oil and Gas free zone Onne, the Petrochemical/Fertilizer Plant at Aleto, Eleme, IITA Onne, a Campus of the Rivers State University, the two Port Harcourt Refineries, Nigeria Liquefied Natural Gas (NLNG) Plant in Bonny, the Bonny Export Terminal, and other large industrial complexes in Rivers, Akwa Ibom and Cross River States. Infact, the ongoing Bodo-Bonny road on its completion, will also empty itself on this same road.
4} In the wisdom of President Muhammad Buhari, after a visit of some Ogoni sons and daughters led by King G.N. K Gininwa, directed that this road be included in projects being funded by The Presidential Infrastructure Development Fund {PIDF} in order to accelerate work pace and ensure timely completion. PIDF was set up to fund critical assets and infrastructures of government. Some of the projects being funded by this agency include {a} Lagos-Ibadan express way, over 600 billion Naira {b} Second Niger Bridge in Onitsha, over 200 billion Naira {c} Kano-Abuja road, recently reviewed from initial 155 billion to 790 billion Naira {d} The Mambila/Plateau project has been negotiated but yet to start.
5} In a memo from State House Abuja dated 24th September, 2018 with reference SH/COS/03/14/11/002 and titled RE: UPDATE ON THE PRESIDENTIAL INFRASTRUCTURE DEVELOPMENT FUND, the late Chief of Staff to the President, Abba Kyari, conveyed Mr Presidents directive on section 1 to iv of the East-West road to the Honourable Minister, Ministry of Niger Delta Affairs; Honourable Minister, Federal Ministry of Finance and the Managing Director, Nigeria Sovereign Investment Authority (NSIA)
6} As a follow up to the memo from the office of Mr President, The Ministry of Niger Delta Affairs, PIDF and Contractors handling section 1 to iv of the East-West road (Gitto, Setraco and RCC), met three different times to discuss legal/commercial documentation to transfer the East-West Road sections 1 to iv to the PIDF under management of the NSIA. From information available to us, PIDF was about releasing funds to the Contractors when the Minister for Niger Delta affairs, Honouble Godswill Akpabio decided to take back the job to his ministry. Other projects listed in item four above being funded by PIDF are progressing speedily and are at various stages of completion while work is yet to commence on the East-West Road.
7} The refusal of the Minister for Niger Delta Affairs to do anything about this particular Eleme-Onne section of the East-West road has caused the Ogoni people and other Nigerians travelling through that axis, untold hardship and total crippling of their businesses as a journey of just forty five minutes now take as much as six to twenty four hours. The Aleto bridge is fast becoming a death trap as trailers and tankers fall inside the river daily. Ogonis now take the risk of travelling through Oyigbo with its security challenges to go home or to attend to their businesses in the city.
8} The 15 kilometre road has of recent being upgraded and expanded to have three lanes on each side; three flyovers, one each at Akpajo, Refinery junction and Onne. The bridge at Aleto has been expanded from 200 metres to now 600 metres across the river.
PETROLEUM INDUSTRY BILL (PIB).
Our attention has also been drawn to the news on passage of the Petroleum Industry Bill (Bill) after twenty long years of playing politics with it at the National Assembly. We consider it an insult to allocate a paltry 3% to host communities and 30% of NNPC profit for oil exploration and exploitation in frontier basins. The 3% becomes more embarrassing when we remember the total loss of livelihoods of our people in the Niger Delta while individuals and communities in Zamfara are going home with 100% of every gold mined on their land.
Most annoying are the deliberate silence on gas flaring and its negative consequences on the health of our people and the Niger Delta environment. The increase in penalties is considered a mere slap on the wrist of the oil companies who will be willing to pay even ten times that.
CONCLUSION
While commending President Mohammad Buhari for awarding the Bonny-Bodo road and for his commitment in kick starting the environmental clean up of Ogoni, we demand the following:-
That the Honourable Minister for Niger Delta Affairs immediately returns the deplorable Eleme-onne section of the East-West road back to THE PRESIDENTIAL INFRASTRUCTURE DEVELOPMENT FUND or look for money to commence this work within 14 working days from today, the 7th July, 2021. Failure to do this, we would be compelled irresistibly to embark on a non violent mass civil action without further reminder or extension of time.
On the Petroleum Industry Bill, we call on the President, Mohammad Buhari to refuse assent to the bill as soon as it is forwarded to his office until issues concerning host communities and ending gas flaring are properly addressed. We want to see an achievable road map to ending gas flaring in Nigeria by 2030.
We also want Mr President to reject the allocation of 30% NNPC profit to explore for oil in the frontier basins especially as the world is already moving away from fossil fuel. We consider this allocation as another conduit to loot our common wealth by the architects of this Bill.
THANK YOU
OGONI PEOPLES ASSEMBLY
14/06/2021
PRAYER COVERING OVER NIGERIA.
Theme: "This Violence must Stop".
It is a prophetic prayer coverage, an initiative for prayer intercession on ending violent crisis across Nigeria, coordinated nationaly by Rev Godswill Keenan, is simultaneously going on in all 36 states and the FCT.
Today, it went down in Enugu, Nigeria under the state coordinator, Pastor Jude.
Let's Pray for Nigeria🇳🇬🇳🇬🙏🙏🙏
27/01/2021
In The News.
A faction of Rivers State APC led by Sen Magnus Abe, today conducted primaries to elect Chairmanship and Councillorship candidates across the state, ahead of the forthcoming Rivers Local Government Council election.
Among those that emerged as APC Chairmanship candidates are Hon Innocent Ajaelo of Oyigbo LGA, Hon Imie Benson of Andoni LGA and Barr Obinda Nyewuna for PHALGA.
06/01/2021
JUST IN
COURT REFUSES TO STOP APC MEMBERSHIP REVALIDATION IN RIVERS STATE.
A High Court in Rivers State has declined hearing of case brought by Emmah Deeyah, Golden Chioma and 3 ors, seeking for and interlocutory injunction and asking the court to restrain the APC from going ahead with the rescheduled party revalidation exercise.
Trial judge, M.O. Chukwu decline hearing and ordered that the file be returned to the CJ for reassignment given the fact that his is a vacation court.
02/01/2021
Breaking News
Foremost Labour Leader and current 2nd national vice chairman, Trade Union Congress, TUC, Chief Chika Onuegbu, is dead, a none family souce said.
Chika Onuegbu is the immediate past Rivers state chairman of the TUC. He is from Emohua, Rivers State.
28/12/2020
RIVERS APC LEGAL TUSSLE:
APPEAL COURT READY TO GIVE AMAECHI JUDGEMENT AND OVERRULE SUPREME COURT
The leadership crisis in the All Progressives Congress APC Rivers state chapter and the consequent litigations trailing it have reached a crescendo. What started as an Open Letter by Rt. Hon. Igo Aguma the current Acting/Caretaker Committee Chairman of APC in Rivers state, published on Tuesday December 3, 2019 on The Nation Newspaper, titled APC CRISIS IN RIVERS STATE: SAVE OUR SOULS!! seeking for an internal resolution of the deputations via an intervention by the National Leadership of the Party, later found vent in the Court rooms. This resulted in Judgments and Appeals up to the Supreme Court aside from the curious overnight movement of Appeal Case files from the Port Harcourt Division of the Court of Appeal to Abuja allegedly influenced by the Transportation Minister through the President of the Court of Appeal which concerns were a hotspot subject of Media War and Petitions to the National Judicial Council NJC.
The history of the crisis dates back to 2018 when the Transportation Minister undeniably and reportedly vowed to destroy the APC in Rivers state should Senator Magnus Abe run for the governorship seat haven warned him in the presence of his (Magnus Abe) wife never to dare it because he the Transportation Minister had a favourite candidate against the wishes of stakeholders and the Party Constitution. This resulted in the crisis that characterised the Congresses and Primaries which believedly was censored by the Minister who denied all those who paid for forms from participating in the Ward, LGA etc Congresses occasioning the legal battles that led to the APC not being on the ballot during the 2019 general elections in Rivers state. This is courtesy of the dictates and "impositionism" of the Minister who will never obey Court orders up to the Supreme Court in the celebrated locus classicus in Ibrahim Umar and Dele Moses cases respectively.
In a bid to rescue the Party from its death-end, Igo Aguma came to do the yeoman's job of seeking for cohesion and conciliation in line with the Party's Constitution since the National Leadership seemed to be avoiding anything "Amaechi" to avoid maybe offending him. A list of Caretaker Committee members was surreptitiously and singlehandedly donated to the National leadership of the APC for inauguration as Caretaker for Rivers state chapter of the Party without consultation with stakeholders. This led to the Couse of Action cm litigation where Igo Aguma a statutory member of the party approached the Court as of right and prayed that he be declared the bonafide Caretaker Committee Chairman of APC Rivers state given that the Constitution of the APC does not allow for the dissolution of Statutory members of the party even if the tenure of the state working Committee elapses or the formation or the composition of a Caretaker Committee for the state chapter without first the inclusion of Statutory members of the party in line with the party constitution. He also sought for the dissolution of the illegal and now defunct Caretaker Committee led by Isaac Ogbobula who is not a statutory member of the party. The Court in its wisdom granted almost the prayers by Igo Aguma and declared Rt. Hon. Igo Aguma as Caretaker Committee Chairman of APC Rivers state and dissolved the Isaac Ogbobula led illegal structure loyal to Rotimi Amaechi Amaechi with a further directive to work towards reconciliation. The substantive judgment in Suit No: PHC/4355/2019 which is still in force is also a subject of Appeals up to the Supreme Court and the judgment was both declaratory and executory fully enforced and consummated.
In what is absolutely in Law dead on arrival, the Court of Appeal in Abuja led by His Lordship Justice Stephen Adah on 17th July 2020, ordered a stay of Ex*****on of the fully enforced judgement in what can be linked to looking for the child in the womb when it had already been aborted. The Court was verily put on notice that the matter before it was now a subject of a pending Appeal before the Supreme Court following some rulings it gave. The desperation exhibited by the Appeal Panel was so much that even the laymen in Court room were murmuring and raising eyebrows over the strange order. First is that upon being put on notice, the Appeal Court immediately announced that it was disqualified from the matter, pending the determination by the Supreme Court. Yet, it still went on after doing the needful to make a pronouncement of a purported Stay of Ex*****on on the matter before the Supreme Court knowing that firstly it hadost and so lacked powers to make further orders on the matter for want of jurisdiction which it ab initio admitted as the matter was now before the Supreme Court. Secondly, the stay was dead on arrival and of no consequence because the judgement which was both declaratory and executory had been fully enforced and the Court knows better that in Law, a Declaratory and Executory judgement already executed cannot be Stayed. Little wonder the Organisation that petitioned the NJC and the President of the Court of Appeal alleged that the panel was already compromised to favour a political end at all costs. Obviously, this misdeed and misconduct by the panel led by Justice Stephen Adah who openly in Court showed manifest interest must have compelled the Judicial Authorities to step the lead Justice of the Panel Aside as he no longer joins or leads the panel.
Please See:
1. Appeal No: SC/CV/377/2020 between Rt. Hon. Igo Aguma v. Mr. Isaac Ogbobula & 2 Ors.
2. Appeal No: SC/CV/489/2020 between Rt. Hon. Igo Aguma v. Mr. Isaac Ogbobula & 2 Ors.
3. Appeal No:CA/PH/226/2020 between Victor Giadom V. Dele Moses and 5 Ors.
4. Appeal No: CA/PH/215/2020 between All Progressives Congress V. Rt. Hon. Igo Aguma & 2 Ors
5. Appeal No: CA/PH/190/2020 between
Isaac Ogbobula v. Igo Aguma APC, Comrade Adams Oshiomhole.
What then is the deal? During a hearing of the matter sometimes in October 2020, the Appeal Court emphasised that it did not restrain Rt. Hon. Igo Aguma from functioning as Caretaker Committee Chairman of APC Rivers state.
However, the Supreme Court in Ibrahim Umar's case made it abundantly clear in its judgement that those who paid for forms to contest for Congresses in River State APC in 2019 can not be excluded and that it was "self immolation" for the party to disobey judgement or seek to exclude them at all. In Dele Moses, the Supreme Court reinforced its earlier position that only those who paid for forms will contest at the APC congresses in Rivers state.
For the records, these cases are Pre-Election cases and the Amaechi interest does not want to allow this judicial reality because it does not favour his dictates and ultimate desires. Hence this magic must be performed at all costs through the Court of Appeal.
Surprisingly, the Court of Appeal may have resolved to overrule and set aside the judgement of the Supreme Court to favour the Transportation Minister using another wand. In APC v. Igo Aguma, Isaac Ogbobula v. Igo Aguma respectively all touching on the judgement of the Court which is a subject of Appeal before the Supreme Court, the Appeal Court has undermined, disregarded jettisoned the needful to stay proceedings on these subjects which hearing at the Supreme Court is slated for January 16, 2020. The Court of Appeal is still going ahead to preempt as well as circumvent curiously the Supreme Court in a bid to seat on Appeal over the Supreme Court and give judgement on December 29, 2020 so hurriedly, to Rotimi Amaechi whose bidding they appear to be doing.
What could if at all be the interest of the learned Justices or the Court of Appeal or the judiciary in not ajudicating within the Law and known rules of Court in this or these matters of political concerns? At what point did the Courts begin to pretend about following precedents in allowing superior Courts determine appeals before giving judgement on substantive suits if not for purposes of compromising the cases?
This concern is legitimate because it brings fundamental questions on the sanctity of the Bench albeit substantially with a measure of vested interest with the boldness that NOTHING WILL HAPPEN!
25/12/2020
BREAKING.
COURT STOPS OGONI BEAUTY PAGEANT.
Port Harcourt Federal High Court has granted an interlocutory order retraining Hon Princess Barikui Solomon, Billyhem Christ, Organizers of Miss Ogoni Beauty Pageant from going ahead with the 2020 edition.
Port Harcourt TV is aware that the second edition of the Miss Ogoni Beauty Pageant was billed to take place today 25th December, 2020 in Bori.
This follows a motion filed by one Miss Marry Luwide, doing business with the name and style "Miss Ogoni Beauty Service".
Miss Marry Luwide is contending that she has patent rights to the "Miss Ogoni Beauty Pageant" brand, accusing Billyhem and cohorts of plagiarising her brand, which is against the Nigerian copyright laws.
She approached the Federal High Court, seeking an order of interlocutory injunction retraining the defendants, either by themselves or their privy, proxys or whosoever from organizing the miss Ogoni Beauty Pageant.
Justice A. T Muhammed in his ruling granted the restraining orders stopping the Billyhem or any other person from going ahead with the Miss Ogoni Beauty Pageant, until the determination of the motion on notice. The case is adjourned to 7th January, 2021 for hearing.
By this development, the crowning of a new beauty Queen of Ogoniland by the organizers of the Miss Ogoni Beauty Pageant expected to hold today, December 25th, 2020, has been effectively halted.
22/12/2020
“I will hear forgery, perjury case”, Federal High Court Tells Obaseki
....as Court orders APC to open case against Obaseki in alleged forgery suit...as Obaseki, PDP withhold consent for any proceedings during Christmas vacation
The Abuja division of the Federal High Court on Wednesday ordered the All Progressive Congress (APC) to open its case against Edo State Governor, Mr. Godwin Obaseki in the alleged certificate forgery suit preferred against him.
This was after the court refused to stay proceedings in the suit as requested by the Governor and the People’s Democratic Party (PDP) but INEC said it would abide by the decision of the court.
Justice Ahmed Mohammed in his ruling said the court will comply with the order of the Court of Appeal directing the court to continue with the trial on day to day basis.
The judge observed that his court will continue with the trial as directed by the Court of Appeal until the order is set aside by any other court of competent jurisdiction.
Justice Mohammed noted that his court must obey the hierarchy of courts in line with the provisions of the law.
He held that given the order of the Court of Appeal and the nature of the case, the Christmas vacation is not enough ground to stay proceedings.
Accordingly, the court directed the plaintiff to open and close his case within two days beginning from Thursday, December 24 to Tuesday, December 29.
It equally gave the defendants two days to open and conclude their defence effective from Wednesday 30 to Thursday 31 of December 2020.
The APC had accused the governor of forging his university certificate presented to INEC in aid of his qualification for the governorship election in Edo State.
The APC also claimed that there are discrepancies in the subject Obaseki claimed he passed in his West African Examinations Council (WAEC) exam.
The APC, in the suit marked FHC/B/CS/74/2020, prayed the court for an order disqualifying Obaseki from contesting the September 19 governorship election in Edo State on the grounds that he supplied false information on oath to INEC, an act said to be contrary to Section 31(5) and (6) of the Electoral Act, 2010.
Earlier, counsel to the plaintiff, Chief Akin Olujimi, SAN, had informed the court about the ruling of the Court of Appeal on December 16, 2020, directing the trial court to proceed with the trial after dismissing the application for stay of ex*****on brought by the governor, Godwin Obaseki.
He urged the court to proceed with the trial in compliance with the ruling of the Abuja division of the Court of Appeal.
But in opposition, counsel to the governor Obaseki, Ken Mozia, SAN, urged the court not to proceed with the trial as his client has entered an appeal at the Supreme Court against the decision of the Court of Appeal, including an application to stay further proceedings on the matter.
He urged the court in the circumstances, to tarry a while and await the decision of the Supreme Court on the appeal.
“My lord, the first defendant not satisfied with the decision of the Court of Appeal, has filed an appeal against the ruling and the consequential orders to the Supreme Court, which is the final court,’ he said.
“The notice of appeal has been duly served on the parties in this case. Also, the record of appeal from the Court of Appeal has been duly transmitted to the Supreme Court, where it has been entered as appeal No: SC/C6/989/2020, and copies of the notice of appeal, the application for stay and other reliefs earlier mentioned are all exhibited in an affidavit deposed to by Abraham Olajide.
“Also exhibited are the enrolled orders to appeals nos: CA/B/128/2020 and CA/B/128a/2020, the Court of Appeal Benin after delivering judgment directed the state High Court to continue with proceedings in suit No. FHC/B/CS/48/2020, between Kenneth Asekomeh and Another V All Progressive Congress (APC), and 3 others, where despite that order, the counsel to the defendant still filed an appeal at the Supreme Court and followed it up to the Federal High Court with an application for stay of proceedings and insisted that the Federal High Court await the determination of the appeal at the Supreme Court.
“The Federal High Court acceded to that request, they cannot honestly ask this court to proceed having posited that the Federal High Court must wait, they have a duty to continue to maintain that position to say that the Federal High Court is obliged to await the determination of the appeal before the Supreme Court.’
He argued that once a party has taken steps to contest a decision of Court of Appeal by way of a further appeal to the Supreme Court and follows it up with an application for stay of proceedings, the judgment of the Court of Appeal will not be treated as final until the steps taken are completely resolved.
The second leg of his argument was predicated on the fact that the trial cannot be conducted during the Christmas vacation as contained in a circular issued by the Chief Judge of the Federal High Court.
The said circular dated December 18, titled, “Notification of Federal High Court Christmas Vacation for 2020”, stipulated that only matters bordering on national interest, human rights-related issues and release of vessels shall be entertained during the vacation which begins on Tuesday, December 22 and ends on Friday, January 8, 2021.
The lawyer noted that by the said notification, the vacation Judge for the Abuja division of the Federal High Court is Justice Evelyn Maha.
“Today, being within the period declared for Christmas vacation and this case not being one of the cases listed as those that can be entertained by vacation Judge, including the fact that your lordship is not a vacation judge, the court cannot exercise any jurisdiction on the matter.’
He argued that whether the matter is urgent or not is determinable by the facts contained in affidavit evidence led before the court adding that nothing short of that will suffice.
“There is manifest non compliance in this case such that the court is not even in a position to contemplate whether this case is urgent or not by law.’
Mozia informed that the defence team has withheld their consent for any proceedings to be done during the Christmas vacation period.
The counsel to the People’s Democratic Party (PDP), Isilalomhe Razak, aligned himself with the argument canvassed by counsel to Obaseki in urging the court to suspend proceedings and await the outcome of the appeal before the Supreme Court.
But responding, the counsel to the plaintiff, Olujimi, urged the court to discountenance the submissions of the defence team and proceed with the trial in compliance with the ruling and directive of the Court of Appeal.
While noting that the matter is time-bound, Olujimi argued that section 285 (a) of the 1999 Constitution (4th Alteration Act) is a compelling provision that proceedings at the trial court should not be stayed based on preliminary and interlocutory issues.
“The compelling provisions of section 285 (a) is to the effect that where a preliminary or interlocutory issue is raised, the court shall suspend it’s ruling and deliver it at the stage of final judgment.
“Secondly, the first and second defendants failed to appreciate that the Chief Judge of the Federal High Court has since July 24, 2020, settled the issue of hearing of all categories of pre-election matters in the Practice Direction number two issued by the Chief Judge.
“What the Chief Judge issued in July was a Practice Direction which is legislation issued by him to regulate pre- election trials.’
He submitted that the said Practice Direction mandates a Judge to hear a pre-election matter pending before his court until judgment is delivered.
“The Chief Judge did not say the practise direction applies only to annual vacation but includes all manner of vacation in general. A circular is not a rule of court. It is not legislation or law unlike the practice direction,’ Olujimi argued.
He argued further that paragraph two of the practice direction stated that nothing in the Federal High Court shall prevent the hearing of a pre-election matter to judgment.
He submitted that the position of the law, as settled by the Supreme Court is that where time is of the essence in a case before the court, there shall be no stay of proceedings pending appeal.
“What the defendants are asking the court to do is to go against the directive of the Court of Appeal, which has not been set aside. I urged the court to decline such an invitation.’
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