Tag: Fubara-Wike Feud

… As Two LGA Chairmen Announce Willingness To Leave Office

Rivers State Governor, Siminalayi Fubara, has directed Heads of Administration in the 23 Local Government Areas, to take over from the elected council chairmen whose three-year tenure elapsed at midnight on Monday.

Governor Fubara gave the directive in a stage broadcast on Tuesday morning.

He said the decision is in line with the provision of the constitution, and the need to ensure peace and order in the state.

The governor then appreciated the efforts and dedication of the immediate past council chairmen to public services.

Meanwhile, two LGA Chairmen in the state have announced their willingness to leave office in line with the State’s  Local Government Law of 2018.

The Chairmen are the first female council chairman of Bonny Local Government Area, Dame Anengi Barasua Claude-Wilcox, and the Enyiada Cookeygam of Opobo/Nkoro, from the LGA of Governor Fubara.

It would be recalled that both Claude-Wilcox and the Enyiada Cookeygam of Opobo/Nkoro, had challenged the extension of the tenure of local government chairmen by the Martin Amaewhule Lee assembly in court.

Speaking to Channels Television after a function in the government house on Monday, the now-former council chairmen, urged their colleagues in other LGAs, to respect the position of the law and exit office peacefully.

The development comes as the Chairmen of Akuku-Toru and Asari-Toru Local Government Councils, Rowland Sekibo and Onengiyeofori George, on Monday, appealed for a calm and peaceful resolution over the tenure elongation of the chairmen.

This is protesters on Monday, barricaded the council headquarters, demanding their removal.  The dispute over the end of the LGAs tenure, took a new turn on Monday in Akulga and Asalga, as protesters barricaded the council premises demanding a handover by the chairmen whose three-year tenure is set to expire on Tuesday, June 18th, 2024.

The two LG bosses said that their tenure extension was duly approved by the Martins Amaewhule-led State Assembly, and urged supporters to exercise restraint and avoid violence.

Sekibo, who spoke on their behalf, whilst calling for calm, emphasised that the matter is before the court.

“Everyone should exercise restraint, no matter the provocation. The matter is already in court.

“Those who want to be caretaker chairmen, just endure; those who want to be council chairmen, just endure. We are already at the Court of Appeal. It won’t take long again for judgment. Whichever way the case goes, it will go to the Supreme Court,” Sekibo appealed.

They urged law enforcement agents, to ensure no breakdown of law and order, stating that no one has a monopoly on violence.

Channels TV

The court in ruling on the first motion, granted the appellants’ prayers for leave to compile and transmit the records of appeal, deeming the appellants’ brief of argument as filed, accelerated hearing and a stay of further proceedings at the High Court.

The Court of Appeal, however, refused to grant the prayer for a stay of execution and setting aside the interim order of the lower court. It held that granting same would be tantamount to determining the appeal at this stage. The Court went on to order that the present status quo should be maintained pending the hearing of the appeal.

Ruling on the second motion which was brought to set aside the interlocutory injunction of the Lower Court, the Court of Appeal also refused the prayer, and reiterated that the ‘present’ status quo should be maintained.

The respondents are to file their briefs within 72 hours of being served. The case has been adjourned to 20/6/24 for hearing of the appeal.

The presiding Judge, Justice Hamma Akawu Barka stated that: “I have looked at the peculiar nature of the instant case, and do agree that guided by the decisions of Ediru vs. Tijjani (2024) SNWLR (pt. 1931) 393 at 416, and pursuant to the stipulations of Order 4 Rule 4, it is just that parties halt hostilities until the determination of the Appeal before this court.

“In consequence therefore, all parties are ordered to maintain the present status quo pending the determination of the appeal before the court.

“I have equally studied prayers 6, 8 — 11, prayed for by the applicants.

“A critical study of the prayers deals with the substance of the issues on appeal, and dealing or granting the same will be tantamount to determining the issues on appeal at this interlocutory stage, which this court will decline to do.

“The conclusion is that the application succeeds in part. Prayers 1, 2, 3, 4 and 7 are granted, while all other prayers stand not granted. I make no order on costs.”

The appeal by the applicants according to the court, was brought on the grounds that: “On the 10th of May, 2024, the Rivers State High Court sitting at Port Harcourt coram; Honourable Justice C. N. Wali wherein it granted exparte orders of injunction in suit no: PHC/1512/CS/2024 between Rt. Hon. Victor Oko Jumbo and Ors. V. Hon. Martin Chike Amaewhule and Ors.

“In the ruling referred to in paragraph (i) above, the learned trial judge inter-alia restrained the appellants from parading themselves as members of the Rivers State House of Assembly. The appellants have lodged an appeal against the ruling of the Rivers State High Court to this honourable Court.

“The Appellants/Applicants contend inter alia in this appeal that the said exparte orders of interim injunction in the ruling appealed against were made without jurisdiction on part of the trial court being appealed on is correct until the contrary is proved. See, Martins vs. Nicannar Food Company Ltd (1988) 2NWLR (pt. 74) 75. Applicant must also establish that the balance of convenience weighs in his favour. See, NNPC vs. Famfa Oil Ltd (2009) 17NWLR (pt. 1328) 148.”

Tribune