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10 WEDNESDAY MAY 20, 2015 • THISDAY NEWS Court Dismisses Amaechi’s Suit against Wike’s Inauguration AGF directs Bayelsa Chief Judge to swear in governor-elect Ernest Chinwo in Port Harcourt and Tobi Soniyi in Abuja Efforts by the All Progressives Congress (APC) and Rivers State Governor, Chibuike Amaechi, to stop the inauguration of the State governor-elect, Chief Nyesom Wike, as the state governor on May 29 suffered a set-back yesterday as the Federal High Court sitting in Owerri Imo State, struck out a suit instituted by the governor. The state Attorney General and Commissioner for Justice, Mr. Worgu Boms, and the APC had in suit number FHC/OW/ CS/100/2015 asked the court to stop the inauguration of Wike and the deputy governor-elect, Dr. Ipalibo Harry-Banigo, on May 29. But at the sitting of the court yesterday, the presiding judge, Justice S. M. Shuaibu, struck out the matter on the grounds that his court lacked jurisdiction to entertain the matter. Counsel to Amaechi and the APC, Beluolisa Nwofor (SAN), had argued that the court could hear the suit as the Peoples Democratic Party (PDP) that was listed as the third defendant, the police (listed as the eighth defendant) and the Department of State Security (DSS), listed as the 10th defendant, all had offices in Owerri. Shuaibu however did not buy the argument. He held that by the provisions of the Federal High Court 2011, notice on the venue of filing suits and the territorial jurisdictional limits of the judicial divisions of the Federal High Court enacted by the Chief Judge of the Federal High Court pursuant to section 19 of the Federal High Court Act, Port Harcourt and not Owerri is the place in which the suit ought to have been filed. The judge said it was so because all the principal claims in the suit are against Wike, and Harry-Banigo. Reacting to the ruling, the Chairman of the PDP in Rivers State, Felix Obuah, praised the judiciary for rising up to the occasion as the true hope of the common man. He noted that Amaechi was a creation of the judiciary as a court judgment put him in office. He, however, said the governor had shown only one agendum since he came to power: ridiculing and destroying the judiciary. He stated that Wike and the PDP were ready to meet the governor in any court of law. Obuah welcomed what he described as sound and unambiguous judgment delivered in Owerri by a Federal High Court, presided over by Justice S. M. Shuaibu in favour of Wike, over his swearing in ceremony billed for May 29. “The PDP expresses gratitude to the judiciary over the failure of Amaechi and the APC, through his Attorney-General, to secure judgment in the matter through the back door, which it believes would have truncated the democratic process in the state,” he said. Obuah said he felt disturbed over the desperation exhibited by the out-going governor which clearly shows his exceeding hate for the governor-elect, even when everyone is expecting a robust peace in the state. He said: “For us, the Owerri Federal High Court judgment clearing way for the inauguration of the PDP government and swearing-in of the governorelect, Wike, on May 29 has further strengthened our hope and conviction that no matter the distractions and destructive tendencies of the out-going Amaechi-led administration in the state, the PDP government under Wike will still succeed. “The PDP is therefore of the view that rather than wasting its time and Rivers peoples’ resources on fruitless court cases and non-productive actions aimed at thwarting the smooth inauguration of the incoming Jonathan Won’t Dissolve Cabinet Today, Says Minister Adebiyi Adedapo in Abuja The Minister of Information, Patricia Akwashiki, has disclosed that President Goodluck Jonathan will not dissolve the Federal Executive Council (FEC) today as reported in the media.Akwashii in a statement yesterday refuted report by a national newspaper (not THISDAY) which quoted her as saying President Jonathan would dissolve his cabinet today. The minister noted that she did not at anytime speak to journalists on the dissolution of FEC, adding that the news was a rude shock. “The Information Minister therefore urges the public to disregard the tendentious report as false and malicious, which only exists in the warped imagination of its authors,” the statement said. The report had quoted a presidency source as saying the president would dissolve the cabinet after a valedictory session scheduled to hold inside the Council Chambers of the Presidential Villa today. The report also stated that all the ministers had received letters from the president last Friday thanking them for serving their fatherland. The report stated that today’s FEC meeting would be the last in the life of the administration of President Jonathan, and that the president would use the opportunity to thank his cabinet members and request prayers for the country. According to the report, “At the valedictory council session, prayers would also be offered for the incoming government of Muhammadu Buhari.” The report stated further that Jonathan had directed all ministers to hand over the affairs of their various ministries to their respective permanent secretaries. government, Amaechi is better advised to channel his energies in joining the administration of Wike in building a united Rivers State. “Amaechi and the APC should allow peace reign in the state by not distorting the anticipated smooth handover of government to the PDP in the state on May 29, which is sacrosanct, as the party cannot wait to deliver to the people of the state what it promised them and many more after being inaugurated.” Meanwhile, the Attorney General of the Federation and Minister for Justice, Mohammed Adoke (SAN), yesterday said he had directed the Chief Judge of Bayelsa State to swear in Wike, as governor of Rivers State. In a statement issued in Abuja yesterday, Adoke said the directive was aimed at averting a likely constitutional crisis in the state on May 29 when Wike is expected to be sworn in as governor of the state. Wike was declared winner of the Rivers State governorship election conducted by the Independent National Electoral Commission (INEC) on April 11. It is therefore expected that he will be sworn into Office on May 29, 2015 in accordance with the provisions of section 185(1) of the 1999 Constitution. The statement from the AGF said: “It is however pertinent to draw public attention to the existing vacuum in the Office of the Chief Judge of Rivers State, as well as, the Office of the President of the Customary Court of Appeal in the state. State which has made strict compliance with the requirements of section 185(1) and (2) of the 1999 Constitution virtually impossible. “In order to avert a likely constitutional crisis in Rivers State on May 29 when the governor-elect is expected to be sworn in as governor of Rivers State, I have requested the Chief Judge of Bayelsa State to administer the oath of allegiance and oath of office on the governor-elect of Rivers State in accordance with section 185(2) of the Constitution 1999, which provides as follows: ‘The oath of allegiance and the oath of office shall be administered by the Chief Judge of the State or Grand Khadi of the Sharia Court of Appeal of the state, if any, or President of the Customary Court of Appeal of the state, if any,or the person for the time being respectively appointed to exercise the functions of any of those offices in any state.’ “The public, particularly the government and people of Rivers State, are hereby invited to take note of this development and appreciate the fact that the invitation extended to the Chief Judge of Bayelsa State to administer the oath of allegiance and oath of office on the governor-elect of Rivers State on May 29 is in accordance with the constitution and should therefore be respected by all and sundry.” FIGHT NO MORE L-R:Chairman,Nigeria Governors’ Forum (NGF) and Rivers State Governor, Chibuike Amaechi; Akwa Ibom State Governor, Godswill Akpabio, at the NGF reconciliation meeting in Abuja...Monday ECOWAS: Jonathan’s Place in Nigeria’s Democratic History Special Jaiyeola Andrews in Abuja The Economic Community of West African States (ECOWAS) yesterday said with the peaceful conduct of 2015 general election in Nigeria, and President Goodluck Jonathan conceding defeat, Jonathan’s place in Nigeria’s democratic history will remain special. Chairman of the Authority of Heads of State and Government of ECOWAS and president of Ghana, John Mahama Dramani, stated this during the opening address at the 47th Ordinary Session of the authority held in Accra, Ghana. The Ghanaian president equally congratulated the president-elect, Muhammadu Buhari on his victory at the presidential polls. “Ladies and gentlemen, at our summit, I informed you that five member states of our sub-region would hold election this year. We are extremely proud of the elections held so far in two of our member states. “I salute the people of Nigeria and Togo for the peaceful elections held in those countries. This sends a strong message to the world that our protocol on democracy and good governance is effective and has strengthened the rule of law in our sub-region. “Let me on your behalf take this opportunity to highly commend our brother, President Jonathan, for his personal show of mature statesmanship in the event that followed the presidential election held in Nigeria. “I believe his name will be recorded in a special place when the history of Nigeria’s democracy comes to be written. “Let me also on this occasion salute Buhari for his victory in the presidential election,” Dramani said. He said the atrocities of the terrorists group, Boko Haram,was unrivaled but commended the success recorded in the war against the group. The Ghanaian leader expressed regret over the continued stay in Boko Haram captivity, the Chibok schoolgirls, despite the rescue of over 1,000 people. “Last year, Nigeria and Cameroun were caught in the spate of terrible attacks and atrocities by the terrorists Boko Haram. They freely attacked with impunity and abducted hundreds of women and children. “The atrocities of this group have remained unsurpassed by any terrorist group anywhere in the world. Slaughters, beheading, rape, torture, abductions, bombings, looting and destruction of property have been the hallmark of this terrorist group. “People, especially from North-east Nigeria, have been subjected to a reign of terror. “Today, thanks to the African Union and the multinational Joint Task Force formed by the Lake Chad Basin countries, a lot of progress has been made in the fight against the Boko Haram sect. “We are pleased to note the success in liberating the territories that Boko Haram dominated and the release of over 1,000 people mostly women and children. “The fight is however far from over. We have not yet secured the release of the young Chibok girls and Boko Haram has shown that it still has the capacity to counter attack,” Dramani added. He thanked Economic Community of the Central African States (ECAS) leadership for their support and contribution to the fight against Boko Haram. Darmani noted that he looked forward to the proposed joint summit of ECOWAS and ECAS to formulate a joint plan for defeating and eventually eliminating the insurgents’ threat. In a message by the Secretary General, Ban Ki Moon, read by his Special Representative, Muhammed Ibn Chambas, he lauded Jonathan for his contributions to regional peace and security. “As this marks the final summit of President Goodluck Jonathan, I wish to send our sincere appreciation for his valuable contributions to regional integration, maintenance of peace and security in West Africa, most notably in Côte d’Ivoire, Guinea and Mali,” he stressed.
WEDNESDAY MAY 20, 2015 • THISDAY 11 NEWS Court Stops Jonathan from Signing Amended Oil and Gas Bill Davidson Iriekpen Justice Saliu Saidu of the Federal High Court in Lagos yesterday restrained President Goodluck Jonathan from assenting to the bill for an Act to amend the Oil and Gas Export Free Zone Act. The judge also restrained the National Assembly, the Clerk of the National Assembly from forwarding the bill for an Act to Amend the Oil and Gas Export Free Zone Authority Act. Cap. 05 to the president for assent. He also restrained the defendants, their agents and privies from prohibiting the usage of the plaintiffs’ facilities at Snake Island Integrated Free Zone for Oil and Gas cargoes destined for use in the free zone. The order was sequel to a motion ex-parte, in a suit number FHC/L/CS/719/15, filed before the court by Professor Olanrewaju Fagboun, on behalf of Niger Dock Nigeria Limited, Simco Free Zone Company and Niger Dock Nigeria Plc-FZE, who are plaintiffs in the suit. The court also restrained the National Assembly, the Clerk of the National Assembly, the Attorney-General of the Federation, Minister of Industry, Trade and Investment, the Minister of Transport, and the Nigeria Ports Authority (NPA). In an affidavit sworn to by Yusufu Abdullahi, the Director of Simco Free Zone Company, the deponent averred that Niger Dock Nigeria Limited is a promoter of Snake Island Integrated Free Zone (SIIFZ), and that the Simco is a company saddled with the responsibility to develop, market, manage, operate, and administer SIIFZ. The deponent averred that Tobi Soniyi in Abuja After several adjournment, the federal government yesterday began the trial of the alleged master mind of the Nyanya bomb blast, Aminu Sadiq Ogwuche and five others before the Federal High Court sitting in Abuja. Others are Ahmed Abubakar, Mohammed Ishaq, Ya’u Saidu (alias Kofar Rama); Anas Isa, Adamu Yusuf and Nasir Abubakar. The accused persons were charged with terrorism for bombing Nyanya motor park, in the Federal Capital Territory (FCT), Abuja. The trial was initially scheduled to commence last week, but could not go ahead because of the absence of the prosecution witnesses. At the resumed trial yesterday, prosecution counsel, Mohammed Diri, told the court that he had 37 exhibits and six witnesses to tender before the court He also told the court that an eight-count charge was filed against the suspects contrary SIIFZ was approved as a privately owned and managed Free Zone by a presidential declaration in January 2005, and was duly licensed by the Nigeria Export Processing Zones Authority (NEPZA), in April 2005. He said SIIFZ is operated by Simco Free Zone Company, under the direct supervision and monitoring of NEPZA. He added that other regulatory agencies such as Nigeria Ports Authority (NPA), Nigerian Customs Service (NCS), the Nigerian Immigration Service (NIS), the Nigeria Police Force (NPF), and State Security Service (SSS), are present within SIIFZ to ensure due compliance with all laws and that appropriate security is maintained. Abdullahi also averred that at that privatisation, one of the representation that the federal government as beneficial owner made to the core investor who purchased the federal government share in the Niger Dock Nigeria Limited was that the federal government shall take all necessary steps to co-operate fully with the purchaser to ensure that the purchaser obtains all benefits under Nigerian law as a strategic core investor in the company. He averred that in November 2014, the plaintiffs became aware that a Bill for An Act to Amend the Oil and Gas Export Free Zone Authority Act, Cap. 05, Laws of the Federation of Nigeria, has been presented to the Senate of the National Assembly. And that the plaintiffs were not invited to the public hearing that the Senate of the National Assembly had in respect of the bill. Notwithstanding, he stated that to Sections 1(2a), 5, 8, 16, and 17 of the Terrorism Prevention (amendment) Act, 2013. The first witness, tagged prosecution witness 1, an investigator with the Directorate of State Security (DSS), told the court that he met the accused persons while investigating the bomb blasts that led to close to a hundred deaths. He said: “I came to know the accused persons during the cause of my investigation. Ahmad Abubakar was the first to be arrested on April 22, 2014 in Sanga, Kaduna State; Mohammed Sani Ishaq was arrested in Jabi, FCT on April 24, 2014; Yau was arrested on April 29 in Kano state; Mohammed Annas was arrested in Katsina State on May 3, 2014. The next to be arrested was Adamu Haruna Yusuf, on May 5 in Bauchi State, while Aminu Ogwuche was arrested in Sudan and extradited to Nigeria on July 15, 2014.” He said he knew Ogwuche way back in 2011 when he was deported to Nigeria from the United Kingdom for belonging to a banned terrorist organisation. At a point, Ogwuche’s the plaintiffs submitted a petition to the Senate when they became aware that a public hearing had been conducted. He added that the petition was aimed at sensitising the Senate on how the amendment will negatively undermine the plaintiffs and violate their constitutional rights. The deponent averred that Section 5(3) of the bill seeks to expand the powers of OGFZA such that it can without further assurance take over and perform the functions hitherto performed by NEPZA. While Section 10 of the bill further seeks to confer the rights to handle oil and gas cargoes only at approved oil and gas concessioned ports, with freedom to investors to choose ports of discharge of their cargoes within designated terminal at Onne, Warri and Calabar ports. He stated that the bill did not define what constitute “oil and gas related cargoes,” and that this will give room to situations where cargoes intended for SIIFZ are wrongly classified as oil and gas relates cargoes. The deponent further averred that, it is a known fact that a total of twenty-four ports were concessioned to private investors, with 14 and 10 in the western and eastern zones of NPA respectively. He stated that only one of the port concessionaires, Integrated Logistic Services Limited (INTELS) operates in Warri, Onne and Calabar ports and that the amendment proposed in Section 10 will confer a right of monopoly only on INTELS, which he said will be to the deterrent of other port concessionaires and free zones. Trial of Nyanya Bomb Blast Suspects Finally Begins counsel, Ahmed Raji (SAN), interjected, arguing that “the suspect is not standing trial on whether or not he is a member of a terrorist group banned in the UK.” He opposed the evidence saying the prosecution did not tell the court of the deportation order and therefore could not give evidence on its content. Raji said the evidence PW1 was giving was irrelevant to counts 1, 3,4,5,6,7 and 8 leveled against Ogwuche, saying “even if the evidence is relevant, it has to pass a test of admissibility. The PW1 has to produce the CTC of the deportation order.” He urged the court to discountenance the evidence. All counsel to the other accused persons associated themselves with Raji’s submission. Diri, however, urged the court to allow PW1 to continue with his evidence, saying, the matter bordered on terrorism. In a ruling, the trial judge, Justice Ahmed Mohammed, upheld the objection of Raji, saying PW1 was barred from giving such evidence unless he had the deportation order.
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