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JUDICIARY

Appeal Court Verdict: Pro-Fubara Assembly Heads to Supreme Court

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The Victor Oko-Jumbo-led Rivers State House of Assembly, loyal to Governor Siminalayi Fubara, has announced that it has filed an appeal at the Supreme Court to challenge the judgement of the Appeal Court delivered on Wednesday in Abuja.

Oko-Jumbo made this known in a statement issued in Port Harcourt on Friday by the factional Clerk of the House, Dr. G. M. Gillis-West, and sent to news outlets.

The factional Speaker expressed that the Assembly firmly believes the Court of Appeal erred in ruling that the Rivers State High Court lacked jurisdiction to hear and determine Suit No. PHC/1512/CS/2024.

Oko-Jumbo asserted his position as the Speaker of the state legislature, emphasizing that there cannot be two Houses of Assembly in the state.

He reiterated that the seats of Martin Amaewhule and 24 other former lawmakers remain vacant as declared by then-Speaker Edison Ehie on December 13, 2023, following their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) on December 11, 2023.

The statement reads, “There cannot be two Houses of Assembly in Rivers State or indeed any state in Nigeria. This House of Assembly, with me as the Speaker, is the only House of Assembly in Rivers State.

“As the whole world knows, on December 11, 2023, Martin Amaewhule and his 24 colleagues defected from the Peoples Democratic Party to the All Progressives Congress.

“On December 13, 2023, Rt. Hon. Edison Ehie, as the Speaker of the Rivers State House of Assembly, declared the seats of Martin Amaewhule and 24 others vacant. That declaration by Rt. Hon. Edison Ehie has not been set aside by any court in Nigeria.”

He explained that the legitimate members of the Rivers State House of Assembly secured a restraining order against Martin Amaewhule and the 24 others when they continued to parade as members of the RSHA despite their defection from the PDP to the APC and their seats being declared vacant.

Oko-Jumbo noted that because they were dissatisfied with the rulings of the Rivers State High Court in Suit No. PHC/1512/CS/2024, Martin Amaewhule & 24 others filed an Appeal No. CA/PH/198/2024 at the Court of Appeal, Port Harcourt Division.

Continuing, he said, “Yesterday, July 4, 2024, the Court of Appeal, in its lead judgment, allowed the appeal by Martin Amaewhule & 24 others on the ground that the Rivers State High Court lacked jurisdiction to hear and determine the case.

“Accordingly, the Court of Appeal struck out Suit No. PHC/1512/CS/2024 and NOTHING MORE. The Court of Appeal did not make any declaration that Martin Amaewhule & 24 others did not defect from the PDP to APC.

“The Court of Appeal also did not make any declaration that Martin Amaewhule and 24 others are still members of the RSHA,” he pointed out.

“We strongly believe that the Court of Appeal was in error when it held that the Rivers State High Court lacked jurisdiction to hear and determine Suit No. PHC/1512/CS/2024.

He said accordingly, the House of Assembly has instructed its lawyers and they have filed an appeal to the Supreme Court of Nigeria challenging the judgment of the Court of Appeal delivered on July 4, 2024.

“Martin Amaewhule & 24 others, in spite of all their pretenses, are no longer members of the Rivers State House of Assembly, and they remain so until a court of competent jurisdiction says otherwise.

“Once again, we, the legitimate members of the RSHA, hereby call on the Independent National Electoral Commission to promptly conduct a bye-election to fill the vacant seats in the RSHA.

“We strongly urge the general public to ignore Martin Amaewhule & 24 others in their pretense that they are members of the RSHA.”

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JUDICIARY

Odinkalu Applauds CJN Kekere-Ekun for Sanctioning Errant Judges

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Professor Chidi Odinkalu, a legal scholar and judicial reform advocate, has praised the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, for her decisive action in addressing misconduct within the judiciary.

The National Judicial Council (NJC) recently sanctioned five judicial officers for professional breaches, including age falsification and other misconducts. The decisions were made during the NJC’s 107th meeting held on November 13 and 14, 2024.

Judges Sanctioned for Misconduct

Among those sanctioned were:

  • Justice Chukwuemeka Chikeka, Chief Judge of Imo State, who was recommended for compulsory retirement effective October 27, 2021. Justice Chikeka was found to have falsified his date of birth, with inconsistencies noted between 1956 and 1958. He was also directed to refund salaries and allowances received after his official retirement date.
  • Hon. Kadi Babagana Mahdi, Grand Kadi of Yobe State, was also recommended for compulsory retirement after discrepancies in his date of birth were discovered. Records showed three different birth dates, while his actual year of birth was determined to be 1952. The NJC found that he should have retired 12 years ago and ordered him to refund salaries and allowances received during this period.
  • Justice G.C. Aguma of Rivers State High Court and Justice A.O. Nwabunike of Anambra State High Court were suspended from duties for one year.

Odinkalu’s Commendation

Reacting to the NJC’s decision, Professor Odinkalu commended the Chief Justice of Nigeria for her swift and decisive response.

“Madam CJN, Kudirat Kekere-Ekun, has acted swiftly on this matter of age falsification by the Chief Judge of Imo State. She has done the right thing the right way,” Odinkalu stated.

He expressed hope that this move would signal a new era of improved judicial standards under Kekere-Ekun’s leadership of the NJC.

NJC’s Commitment to Judicial Integrity

The NJC emphasized its zero-tolerance for misconduct, reiterating its commitment to upholding integrity within the judiciary. The council urged judicial officers to adhere strictly to professional and ethical standards.

The actions taken are seen as a bold step toward restoring public confidence in Nigeria’s judicial system.


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JUDICIARY

Fubara Warns Judges on Conflicting Judgments

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Rivers State Governor, Siminalayi Fubara, has called on judges and lawyers to avoid delivering conflicting rulings, which he says undermine justice and governance. His warning follows conflicting judgments that nearly disrupted the local government election in the state.

Speaking at the 2024/2025 Legal Year ceremony in Port Harcourt, Fubara criticized legal professionals who compromise their integrity for personal gain. He emphasized the sacred role of the judiciary in upholding justice and urged judges to remain steadfast in truth.

“You are the god that we are seeing. Your position is to stand and defend us,” Fubara stated, adding that those who compromise justice would face severe consequences, both legally and morally.

Fubara praised the Rivers State judiciary, particularly the High Court, for their support in maintaining stability despite external pressures. He acknowledged threats and assaults faced by judicial officers but encouraged them to remain resolute in their pursuit of justice.

In his sermon, Bishop Rt Rev Wisdom Budu Ihunwo echoed the governor’s concerns, highlighting the negative impact of conflicting judgments on Nigeria’s unity and governance. The bishop warned that those responsible for such actions would eventually face divine punishment.

Governor Fubara concluded by emphasizing the need for strong institutions to safeguard democracy and ensure societal prosperity.

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JUDICIARY

You’ve no contract to fix Kwara Hotel, Court tells MM’s Crystal Group

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  • Says govt bears no liability for unsigned agreement

Stephen Olufemi Oni, Ilorin

An Ilorin High Court has struck out a case instituted against the Kwara State Government by the Hon. Moshood Mustapha-owned Crystal Group of Companies Limited over the remodelling of the legacy Kwara Hotel.

Hon. Justice E. B. Mohammed struck out the case after upholding the preliminary objections of the state government on the matter.

The judge said no document was before the court to show that the Crystal Group had any valid contract with the state government to remodel the iconic hotel, shutting down the much-parroted claim that the government had reneged on its commitment with the firm.

The court held that a draft agreement or an unsigned agreement by either of the parties is worthless and cannot cloth Crystal Group of Companies Limited with the legal right to pursue any action against the government regarding Kwara Hotel.

“The claimant’s suit against Kwara State Government on Kwara Hotels is hereby struck out,” the court held, potentially turning the page on the topic.

The government had repeatedly explained that it signed no agreement with the Crystal Group and that whatever talks between them had not reached the level of a legal agreement that is binding on either party.

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