Text of Press Conference by the
Rivers Chapter of All Progressives Congress, APC, Held On Wednesday 14/03/2018 at
the State Party Secretariat, 43 Forces Avenue, Old GRA, Port Harcourt
Gentlemen of the Press,
THE ALL PROGRESSIVES CONGRESS (APC) RIVERS STATE
CHAPTER WILL NOT PARTAKE IN THE CONTEMPT AND SACRILEGE OF GOVERNOR NYESOM WIKE
AND THE RIVERS STATE INDEPENDENT ELECTORAL COMMISSION (RSIEC) OVER THE LOCAL
GOVERNMENT ELECTIONS IN RIVERS STATE FIXED FOR 16TH JUNE 2018.
It is very shocking for the Chairman and Chief
Electoral Commissioner of the Rivers State Independent National Electoral
Commission (RSIEC) Justice C. I. Uriri to express worries that for
some time now, there has not been a local government election in the state,
adding that the law abhors vacuum. For the records there is no vacuum in
the leadership of our Local Government Areas (LGAs) since the term of office of
the elected LGA Chairman and Councillors has not expired and the matter is a subject
of litigation before the courts in Nigeria. Justice C. I. Uriri, who
served as a judge of the High Court of Rivers State should have known better
that there is no vacuum and accordingly advise his appointor – Chief (Barr.)
Nyesom Ezenwo Wike (CON) – to stop putting Rivers State on the
news for the bad reasons.
The issue about the leadership of the LGAs is a
matter before the courts of the land and for a retired judge to claim that
there is vacuum is not only unprofessional but smacks of bias and this calls to
question his independence to head such a hallowed institution as RISIEC. For
the records - Justice C. I. Uriri and RSIEC should note the case of the
leadership of the LGAs is a subject of litigation before the Federal High Court
(FHC), Court of Appeal (CA) and the Supreme Court (SC) in Suit No:
PHC/PH/CS/84/2015, Appeal No: CA/PH/338/2016 and Appeal No: SC/536/2016
respectively and that until the cases are decided by the courts any action by
RSIEC and the Rivers State Government on the subject matter is an affront to
the rule of law and that the APC will not partake in this illegality.
You can all recall that RSIEC issued out notice
in accordance with the RSIEC Law to the public and called on political parties
wishing to sponsor candidates to present their candidates and the Local
Government Council elections held in Rivers State on 23/05/2015. That
the Peoples Democratic Party (PDP), the political party of Governor of Rivers
State – Chief (Barr.) Nyesom Ezenwo Wike (CON) – took out an
action by way of originating summons against the Independent Electoral
Commission (INEC), RSIEC, Governor of Rivers State, Inspector General of Police
and State security Service before the FHC Presided over by Justice Lambo
Akanbi. The PDP in addition to the originating summons filed alongside the
originating summons a motion on notice filed on 27/05/2015 for an order of
mandatory injunction setting aside the Local Government Elections conducted by
INEC and RSIEC on 23/5/15. That Justice Lambo Akanbi delivered a ruling
on 09/07/2015 in favour of the PDP and the elected chairmen of the APC and the
23 LGAs filed an application before the CA for leave to appeal as interested
parties. Leave was granted on 20/06/16.
It is important to note that the APC and the 23
LGA chairmen had approached the Federal High Court to challenge their
dissolution by Governor Nyesom Ezenwo Wike and be joined in the matter in a
motion on notice filed on their behalf on the 22/04/15 in Suit No:
PHC/PH/CS/84/2015 as necessary parties and to enable them file and serve
their counter affidavit in opposition to the motion seeking to nullify that
election. The motion also prayed the trial court to stay its ruling to enable
them file a counter affidavit in opposition to the motion seeking to nullify
their elections. Even when the motion was in the file of the Court, Hon.
Justice Lambo Akanbi, formerly of the Port Harcourt Division of the FHC,
refused to fix it for hearing and did not even issue hearing notice to the 23
LGA Chairmen.
Notwithstanding the pendency of the appeal and
the motion challenging the jurisdiction of the FHC filed on 27/04/15 and the
motion for joinder filed by the 23 LGA Chairmen, the learned trial judge – Justice
Lambo Akanbi – delivered his ruling on 09/07/15 in favour of Governor Wike
and the PDP. Dissatisfied by the decision of the lower court, the 23 LGA
Chairmen appealed to the Court of Appeal where Mr. Wike filed an application
for a stay of ruling on the matter. The CA, however, ruled against Wike and PDP
prompting their move to the SC. Delivering its ruling the SC struck out the
matter, dismissing the entire prayer of Wike and Rivers PDP. The apex court
ordered the Appeal Court to admit the elected 23 LGA Chairmen as parties. The
CA is expected proceed with the matter and deliver judgment. The 23 LGA
Chairmen are asking the court to nullify their dismissal from office by Wike as
he had no constitutional power to sack elected officials of the third tier of
government.
The 23 Chairmen in their appeal have raised the
issue the FHC presided over by Justice Lambo Akanbi had no jurisdiction to
entertain the subject matter in Suit No: PHC/PH/CS/84/2015. Assuming but
without conceding that the issue of jurisdiction is settled against the 23 LGA
Chairmen, another issue formulation for determination is whether it was right
for the trial judge to conduct further proceedings in Suit No:
PHC/PH/CS/84/2015 during the pendency of Appeal No: CA/PH/131/2015.
Again, whether it was right for the learned trial judge to hear and determine
the motion filed by PDP on 27/05/2015 seeking to nullify the election of
the 23 LGA Chairmen as democratically elected council chairmen without first
joining them in the suit. Finally whether it was right for the learned trial
judge to hear and determine the motion filed by PDP on 27/05/2015
seeking to nullify the election of the 23 LGA Chairmen as democratically
elected councils without first hearing and determining the motion of joinder
filed by the 23 LGA Chairmen.
These are the issues before the CA and it is very
shocking to see that RSIEC headed by a retired judge of the High Court will
join Governor Wike to perpetrate illegality by attempting to destroy the res
which is the subject matter of Appeal No: CA/PH/131/2015 before the CA.
The conduct of Governor Nyesom Wike, PDP and RSIEC is not only wrong but also
aimed at bringing disrespect or scorn to the authority of the CA and also
intended to interfere with and/or prejudice the case of the APC and the 23 LGA
Chairmen as it is before the court as well as to ambush and render any likely
decision in favour of the 23 LGA Chairmen ineffective and nugatory. The conduct
of the 1st Defendant is a contempt of court and should be dealt with
as stated by the Nigerian Supreme Court in Franklin O. Atake vs.
The President of the Federation of Nigeria & Ors. (1982) 11 SC 153.
Finally, the constitutionality of the RSIEC Law
2018 is a subject of litigation before the Federal High Court between APC v.
INEC & Ors. in Suit No: FHC/PH/CS/13/2018 and it is just but
laughable that RSIEC as currently empanelled is engaging in a wild goose chase
of conducting an election which RSIEC as a party is aware that the matter is sub
judice, that is, the case is actively before the courts and, the belief is
that, any words or acts that are likely to influence the case could invite
prosecution for contempt of court. As a law abiding party, the APC and the 23
LGA Chairmen will approach the CA with these facts and ensure that the Governor
Wike and the PDP are not allowed to benefit for their brazen impunity and
lawlessness.
Chief (Dr.) Davies Ibiamu Ikanya, JP.
Rivers State APC Chairman
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