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Purported court order halting removal of 27 Rivers lawmakers surfaces ahead of ruling

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Purported court order halting removal of 27 Rivers lawmakers surfaces ahead of ruling
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An order of a Federal High Court, allegedly, written by Justice Donatus Okorowo, halting the removal of 27 lawmakers in Rivers State House of Assembly, who recently defected from Peoples Democratic Party (PDP) to All Progressives Congress (APC), has gone viral, a further embarrassment for the judiciary.

This is just as the opposition political parties under the aegis of Coalition of United Political Parties (CUPP), on Sunday, confirmed plans to validate defection of the 27 members of the Assembly from PDP to APC.

At the same time, the Centre for Africa Liberation and Socioeconomic Rights (CALSER) raised the alarm over an alleged plot by some members of the Rivers State House of Assembly to thwart the conduct of by-elections into the state legislature.

The purported ruling, which, according to the court document, would have been issued today, suddenly surfaced on the social media.

What is currently playing out in Rivers State seems to highlight the crisis of confidence that recently rocked the Nigerian judiciary, following inconsistencies discovered in the Certified True Copy (CTC) of the majority judgement of the Court of Appeal in the Kano State governorship election petition, which Chief Registrar of the Court of Appeal, Mr Mohammed Umar Bangari, described as mere clerical errors.

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The three-member panel of the appellate court had in their majority judgement dismissed Governor Abba Yusuf’s appeal against the ruling of the Kano State Governorship Election Petition Tribunal for lacking merit.

But in the CTC released to lawyers, some contradictions appeared, which seemed to give verdict in favour of both the appellant and the first respondent, APC.

Many supporters of the appellant and some lawyers alleged that the judgement was in favour of Yusuf before it was manipulated to favour the APC candidate. They alleged that what the justices read in court was different from what was contained in the CTC, and insisted that the CTC, being a written document, was the original judgement.

But the appellate court’s chief registrar dismissed the contradictions as nothing serious, adding that even the lawyers and the politicians knew the truth, but were merely playing to the gallery.

Bangari stressed that what happened in the judgement was a clerical error, which happened from time to time. He said the courts had a way of addressing such errors through the instrumentality of the law.
The chief registrar further contended that the contradictions did not in any way invalidate the findings and conclusion of the court.

In the current Rivers State issue, according to a copy of the ruling due to be delivered today, Okorowo, in granting the order restrained the Independent National Electoral Commission (INEC), PDP, Rivers State House of Assembly, Clerk of Rivers State House of Assembly, the Inspector General (IG) of Police, and the Department of State Service (DSS) from taking any steps to remove the 27 lawmakers from office over their defection.

The purported ruling in the suit marked: FHC/ABJ/CS/1681/2023, is dated Monday, December 18, 2023, although not signed by the judge.

Besides, the purported ruling did not state who filed the suit or moved the injunctive application on behalf of the plaintiffs/applicants.

The alleged ruling said, “By this urgent application, the Plaintiffs/Applicants are praying this Honourable Court for 5 (five) interim injunctive reliefs.

“I have carefully listened to the submissions of the learned senior counsel and also considered the affidavit of Rt. Hon. Honourable Martin Chike Amaewhule (the 1” Plaintiff) in support of the motion, the documentary evidence marked EXHBITS Al — A5, BiBS and C as well as the Written Address in support.

“The urgency of the subject matter of this suit is abundantly clear from the affidavit evidence and the supporting documents. This court is eminently vested with the requisite jurisdiction to consider an application of this nature in the circumstances having regard to the provisions of Order 26 Rule 5 of the Federal High Court.”

While observing that the court had a duty to intervene in really urgent situations such as this, the court held that it could not ignore the import of evidence tendered before it, which had affected the legal rights of the applicants and necessitated them to find refuge by defecting to the APC.

The court, allegedly, held, “In the circumstances, there is urgent need to protect the seats of the Plaintiffs/Applicants from being declared vacant by the Defendants or being hampered in the performance of their legislative function.

“For the avoidance of doubt, an interim order of injunction is hereby made restraining: The 1 and 3 Defendants, either by themselves, their officials, officers, servants, agents, staff or privies from declaring vacant or taking any steps whatsoever to declare vacant the seats of the Plaintiffs/Applicants at the Rivers State House of Assembly; from withdrawing the Plaintiffs/Applicants’ respective Certificates of Return and from conducting fresh elections to fill in the seats of the Plaintiffs/Applicants at the Rivers State House of Assembly, pending the hearing and determination of the Motion on Notice.

“The 1st Defendant from conducting fresh elections to fill in the seats of the Plaintiffs/Applicants in Rivers State House of Assembly, pending the hearing and determination of the Motion on Notice.”

Besides, the court restrained the defendants from interfering with or impeding in any way or attempting to interfere in any way with the performance of the plaintiff’s official and legislative functions as Speaker, Deputy Speaker, and members, respectively, of the Rivers State House of Assembly, pending the hearing and determination of the Motion on Notice.

The judge subsequently fixed Wednesday, January 17, 2024, for hearing.

CUPP, while confirming the development, alleged that the plot was to pave the way for the impeachment of Fubara.
CUPP made the allegations at a news conference addressed by its National Secretary, Mr. Peter Ameh, in Abuja
The group claimed that it had intercepted credible intelligence and draft ruling that was purportedly written by a judge.

Ameh further alleged that the purported draft verdict was currently in circulation on the web and would be delivered on Monday (today) or within the week in a secret application filed in court after the close of business between Thursday and Friday last week.

CUPP vowed to drag any judge that delivered such ruling to the National Judicial Council (NJC), even as it asked heads of security agencies to steer clear of the political crisis and ensure that the institutions of government, especially the Rivers State government, were protected.

Meanwhile, CALSER raised the alarm over an alleged plot by some members of the Rivers State House of Assembly to thwart the conduct of by-elections in the state.

At a parley with newsmen, the centre claimed that the lawmakers planned to approach the courts to challenge the legality of the letter sent to INEC to conduct by-elections to fill the vacuum created by the 27 members’ defection to another political party.

Convener of the group, Princess Ajibola, urged the lower courts not to allow themselves to be used to undermine the stability of the country by rejecting any overtures from the 27 defected lawmakers in the Rivers State House of Assembly.

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Mbah Flags Off Enugu Air Maiden Int’l Flight to Douala, Cameroon

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•  Enugu Air CEO: Enugu becoming a gateway

The Governor of Enugu State, Dr. Peter Mbah, has flagged off the first-ever international service by Enugu Air, describing it as a major milestone in his administration’s vision to grow Enugu State into a major aviation hub and make it the preferred destination for investment, business, tourism, and living.

Speaking at a brief ceremony at the Akanu Ibiam International Airport, Enugu, on Wednesday, Mbah, who heaped commendations on the leadership of the state-owned airline for the fast growth of Enugu Air, said it was not an isolated story, but a part of connecting the dots as his administration strives to grow Enugu State into a $30 billion economy.

“Months ago, right here, we watched Enugu take to the skies. In just barely six months after a rigorous regulatory process, Enugu Air obtained her Air Operator’s License. This is not a mean feat.

“Today, 14 months after, we can see that dream flying beyond our expectations, as Enugu Air is one of the fastest-growing airlines in Nigeria, without a doubt.

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“But we did not conceive of Enugu Air as a bragging right or because of the clamour, or to gain some political acclaim. Enugu Air is part of the masterplan to make Enugu State the premier destination for investment, living, business and tourism. For us, Enugu Air is part of connecting the dots,” he stated.

Mbah described Enugu Air as a campaign promise kept, saying the Enugu–Douala service was the beginning of many more international flight operations to many parts of the world.

“What you are seeing here today is performance above promises. So, we ask you to judge us by the things we have promised and have delivered to you.

“Besides, today is Douala, but I am hoping tomorrow, we are not only going to be talking about the continent of Africa, we will be talking about Enugu to the world,” he added.

He thanked President Bola Tinubu “for consistently demonstrating his commitment to aviation infrastructure and for the support he is also giving to the states to enable us to create businesses like Enugu Air,” commending also the Minister of Aviation and Aerodrome Development, Festus Keyama, SAN; and the agencies under him such as the Federal Airports Authority of Nigeria (FAAN) and the Nigerian Civil Aviation Authority (NCAA) supporting Enugu Air’s growth and making Nigeria a standard bearer in the African aviation industry.

Speaking, Enugu Air CEO, Capt. Tolu Ita, said Enugu Air was not merely launching a flight, stressing, “we are launching a new chapter.”

“This is a chapter in which Enugu is no longer simply where a journey begins or ends. Enugu is becoming a gateway.

“Today, much bigger than an aircraft will be moving across our skies. Opportunity will be moving. Business will be moving. People will be moving. Ideas will be moving. And Enugu will be moving with them. This is what makes today so significant.

“Enugu Air was never built with the vision to simply put aircraft in the sky. The vision was to build an airline that connects people, connects markets and connects possibilities.

“We began by strengthening our domestic network — connecting Enugu with Lagos, Abuja, Port Harcourt, Kano, Owerri, Asaba, Benin City and Warri.

“Today, we take our first major step beyond Nigeria. Enugu to Douala. Nigeria to Cameroon. The Southeast to Central Africa. And this is only the beginning.

“Our ambition is to continue building a stronger regional network across Africa, while progressively opening the door to wider international markets,” she said.

In growing Enugu Air, Ita reaffirmed the airline’s responsibility and commitment to authorities, passengers, and all stakeholders, upholding the highest operational and ethical standards.

In her goodwill message, the Managing Director/CEO of the FAAN, Mrs. Olubunmi Onabanjo-Kuku, said Enugu Air’s inaugural international flight was “a strong statement of Nigeria’s growing capacity to connect7 people and businesses across West and Central Africa.”

Represented by Mrs. Onyeka Udenze, the7 FAAN DG said, “Akanu Ibiam International Airport now takes a firm step as a regional hub.”

While congratulating Enugu Air for the fast growth in 14 months, she assured that FAAN remained committed to providing the infrastructure, safety standards and support that make such services possible.

The DG of NCAA, represented by the Director of Air Transport Regulations, FAAN, Mrs. Olayinka Babaoye-Iruobe, said connecting Enugu to Douala directly represented would create opportunities for increased trade, investment, tourism, and movement of people, while strengthening social and economic ties between Nigeria and Cameroon.

In his welcome address, the Commissioner for Trade, Investment, and Industry, Dr. Sam Ogbu-Nwobodo, said the new service to Douala marked a monumental leap forward in the state’s trade, investment, and economic integration strategy.

“For decades, the vibrant traders, manufacturers, and entrepreneurs of Enugu and the broader region have navigated complex transit routes to access Central African markets.

“Today, that barrier is dismantled. This direct link directly advances our goal of transforming Enugu State into a premier regional hub for commerce and industrial development. We are now effectively bridging markets, shortening supply chains, and unlocking unprecedented opportunities for cross-border commerce across Central and West Africa,” he said.

The Maiden flight, which departed Akanu Ibiam International Airport in the early hours of the afternoon, touched down safely at the Douala International Airport where it was well received by the Cameroonian authorities in a brief ceremony before it returned to Enugu on the history trip.

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Mbah, SEDC Flag Off South East Agro-Development Programme in Enugu

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…As SEDC, Enugu begin development of 200-Hectare Integrated Model Farm at Nomeh Unateze

Governor of Enugu State, Dr. Peter Mbah, on Tuesday, officially flagged off the South East Agro-Development Programme (SEADP), a 200-hectare pilot integrated model farm by the South East Development Commission (SEDC) at Nomeh Unateze, Nkanu East Local Government Area (LGA) of Enugu State.

The historic event, which marks a significant transition from planning to physical implementation by the Commission, was witnessed by the Minister of Regional Development, Engr. Abubakar Momoh; Chairman of SEDC, Dr. Emeka Wogu; Managing Director/CEO of the Commission, Mr. Mark Okoye; Secretary to Enugu State Government, Prof. Chidiebere Onyia, as well as traditional and community leaders and other stakeholders, and community members.

Speaking, Governor Peter Mbah, who was represented by the Deputy Governor of Enugu State, Barr. Ifeanyi Ossai, described the project as an important example of what strategic collaboration between South East states and the Commission can achieve, particularly at a time when food production and economic diversification had become increasingly important.

He noted that the Agro-Development Programme fitted perfectly into the state government’s decision to build 200-hectare modern farm estates in the 260 wards of the state, saying the state’s investment in agriculture connects perfectly with other government projects and the commitment to eradicate poverty in the state by 2031.

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“When we invest hugely in education, when we invest hugely in expanding our road infrastructure, when we invest in security, health, and transportation, it is to create access to enable investors and partners like the SEDC to have access to land, have access to development opportunities.

“History has also taught us all over the world that communities, states and governments that invest in agriculture with a geometric progression are able to migrate their people faster from poverty to middle-class economy. And what the South East Development Commission is doing today is an example of one of those efforts and the result we can get working together. But that is not more.

“So, we believe that this project can become an important part of the economic development of not just Nomeh Unateze and Enugu East Senatorial Zone, but the entire South East region within the context of Nigeria,” he said, urging the people of Nomeh to also own the project.

The Managing Director/CEO of SEDC, Mr. Okoye, explained that the project was deliberately designed as a development project to redefine how the region approaches agriculture.

“The South East Agro-Development Programme is about building productive capacity of the region. We want to demonstrate what agriculture can look like when land, technology, mechanisation, production, processing, training and markets are brought together in one,” he stated.

Okoye said the project would ultimately be measured by its impact beyond the physical boundaries of the 200-hectare site, stating that the Nomeh Unateze project is intended as a starting point and practical template for the Commission’s wider agricultural and agro-mechanisation interventions across the five states of the South East.

“The real impact is what happens around the farm and beyond the farm. It is the young person who acquires a practical skill here and starts a farm elsewhere; the farmer who supplies maize or soya to the feed mill; the dairy farmer who gets technical support and access to a reliable market, and the smallholder farmer who is able to increase production because the ecosystem around them has improved,” he said.

He commended Governor Mbah for his visionary and proactive approach to governance, also expressing his pleasure at the uncommon level of buy-in and support so far demonstrated by Nomeh Unateze.

Speaking on behalf of the Federal Government, the Minister of Regional Development, Engr. Momoh, said the objective of the project transcended mere food production.

“We must build an agricultural system that is productive, resilient and capable of creating value across the entire chain. We must produce. We must process. We must create markets. We must reduce post-harvest losses. We must improve productivity and incomes. And we must create opportunities for young Nigerians to participate meaningfully in modern agriculture,” he emphasised.

Chairman of the SEDC, Dr. Wogu, assured that the Commission would continue to work with state governments and other stakeholders to ensure that SEDC’s interventions complement existing development efforts.

“Regional development requires partnership. The Commission cannot and should not work in isolation from the state governments, communities, the private sector and development partners. Our responsibility is to create platforms that connect these stakeholders around opportunities that can generate sustainable economic value for the people of the South East,” he stated.

Speaking on behalf of the community, President General of Nomeh Unataeze, Dr. Chukwudi Anyianuka, described the project as a restoration of the glory of the community, assuring the total community support and ownership of the project.

“We welcome this project because we see it as an investment in the future of Nomeh and our people. Our community understands that a project of this scale requires cooperation, responsibility and a shared commitment to its success. We are ready to work with SEDC, the state government, contractors, investors, and all the partners involved to ensure that the project delivers the opportunities that our young people, farmers and community deserve,” he said.

Community leader and media aide to Enugu State Governor Mbah appreciated President Bola Tinubu for answering the age-long prayers of the people of the South East through the creation of the SEDC to coordinate and speed up the region’s development post-civil war.

“Now our place as the host of the pilot project of the SEDC is not lost on us. Because we play the politics of development, our gratitude will translate to votes for President Tinubu, our Governor, and the APC come 2027,” Anichukwu assured.

The Executive Director, Natural Resources, Agriculture, and Rural Development (NRARD) at the SEDC, Dr. Clifford Ogbede, reiterated the Commission’s commitment to reviving the agro-industrial revolution that placed the defunct Eastern Region as the fastest-growing economy between 1954 and 1964, courtesy of the late Dr. Michael Okpara’s visionary leadership.

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ADC: Tinubu, Shettima’s absence leaves Nigeria in constitutional crisis

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President Bola Tinubu and French President, Emmanuel Macron during a courtesy visit in Paris
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The African Democratic Congress has described the continued absence of President Bola Ahmed Tinubu, while Vice-President Kashim Shettima is also outside Nigeria, as a dangerous disregard for the Constitution.

The party, in a statement by Mallam Bolaji Abdullahi, the ADC National Publicity Secretary, said that Section 145 of the Constitution requires the President, when proceeding on vacation for a period of up to 21 days, to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives, after which the Vice-President performs the functions of Acting President.

“President Tinubu left Nigeria on 30 August and has now been away for more than 21 days. We therefore demand to know whether the required declaration was transmitted by the President. If he did not, we would like to know why the National Assembly has ignored Section 145 of the Constitution,” the ADC said.

The opposition party also rejected the Presidency’s explanation that the President was on a “working vacation” or that the Secretary to the Government of the Federation, Senator George Akume, would represent President Tinubu at official events, dismissing it as “an absurdity that raises more questions than it answers.”

“Representing the President at events and ceremonies does not confer constitutional powers. The Secretary to the Government of the Federation is a mere appointee of the President. He may attend events or deliver speeches on the President’s behalf, but he cannot exercise the constitutional powers of the President or Acting President,” the party said.

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Shettima arrives New York for UN general assembly
Vice President Kashim Shettima is received on arrival in New York by Lagos State Governor Babajide Sanwo-Olu, Minister of Foreign Affairs Ambassador Bianca Odumegwu-Ojukwu, Deputy Chief of Staff to the President (Office of the Vice President) Senator Ibrahim Hassan Hadejia, Minister of Women Affairs Imaan Sulaiman-Ibrahim, Minister of Solid Minerals Development Dele Alake, Nigeria’s Permanent Representative to the UN Ambassador Jimoh Ibrahim, and other officials.

“Representation is not governance. Attendance at official functions is not presidential authority. Nigeria cannot be governed through ceremonial proxies, telephone calls and press statements issued from foreign capitals.”

The party added that the claim that the President has continued to direct national affairs from abroad only “compounds the absurdity”, saying that a so-called “working vacation” does not remove the President’s constitutional obligations under Section 145.

“There is no constitutional category known as a ‘working vacation’. Presidential authority cannot be transferred by convenience, protocol or press statement. Nigeria is a constitutional democracy, not a private enterprise to be managed remotely from a holiday destination.”

The ADC said it was particularly troubling that the President and Vice-President were simultaneously absent while Nigerians confronted worsening insecurity, unemployment and an unbearable cost-of-living crisis.

In a similar vein, the ADC also described as a “national disgrace” the fact that President Emmanuel Macron of France is in New York attending the United Nations General Assembly, while President Tinubu is vacationing in Paris, the capital of France.

“The irony would be amusing if it were not a national disgrace. At a time when world leaders are advancing their countries’ interests at the United Nations General Assembly, Nigeria’s President is holed up in the French capital while his host has left to pursue his own country’s national interest.

“President Tinubu cannot be vacationing in Paris while President Macron is in New York representing France and expect Nigerians to accept that it is okay for their President to continue to hang around in a country after the host has left to attend to more important things. This is not merely poor optics. It is a national embarrassment.”

The party called on the Presidency and the National Assembly to provide a direct answer to one question:

“Who presently exercises the constitutional powers of the President of the Federal Republic of Nigeria, and under what provision of the Constitution?”

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