The Nation Newspaper

Tag: Bayelsa House of Assembly

  • APC wins four seats in Bayelsa House of Assembly

    The All Progressives Congress (APC) has won four of the 24 seats in the Bayelsa State House of Assembly from the results so far announced by the Independent National Electoral Commission (INEC).

    The Peoples Democratic Party (PDP) won 17 and the remaining three – Brass 1, Ogbia 2 and Southern Ijaw 4 – were declared inconclusive because of hijack of electoral materials, over voting and other irregularities.

    Former President Goodluck Jonathan hails from Ogbia constituency 2.

    APC candidates who won are Wilson Ayakpo (Ekeremor constituency 2); Edward Irigha (Nembe constituency 2); Douglas Samson (Nembe constituency 3) and Ominous Ayonatimiyo (Brass 2).

    Head of Department, INEC Voter Education and Publicity Mr. Wilfred Ifogah said elections in Brass 1, Ogbia 2 and Southern Ijaw 4 constituencies were declared inconclusive because they failed the test of the commission’s regulations and guidelines.

    He said: “Twenty-one results were fully declared and winners returned while three were declared inconclusive with due reference to INEC regulations and guidelines for the conduct of the general elections.

    “Clause 10 (10) harps on the mandatory use of smart card readers. Clause 28 (b) is on collation at ward level and clause 43 (b) is on careful review of activities by the Management Team, informed by the reports as stated by the Collation Officers and Returning Officers duly appointed.”

    He noted that the commission would in due time inform stakeholders of the new date for supplementary elections.

  • Ripples in Bayelsa as House of Assembly flouts court order

    Residents of Bayelsa State, Saturday, lampooned the leadership of the Bayelsa State House of Assembly for refusing to swear-in the candidate of the African Democratic Congress (ADC), Mr. Ogbara Gabriel Michael, as directed by the Court of Appeal.

    The Court of Appeal sitting in Port Harcourt, Rivers State, on December 9, 2015, allowed the appeal of Ogbara and dismissed the ruling of the trial tribunal which ordered the Independent National Electoral Commission (INEC) to conduct a fresh poll in Ogbia Constituency 3.

    In a judgement delivered by Justice Ejembi Eko, the court ruled that the ADC candidate won the April 11, 2015, House of Assembly election in the constituency and not the candidate of the Peoples Democratic Party (PDP), Naomi Ogoli

    Instead of obeying the order, PDP and Naomi filed a fresh application at the same court asking it to reverse its judgement of December 9.

    The applicants instead asked the court to uphold the ruling of the tribunal which ordered a fresh election in the constituency.

    It was gathered that a panel set up by the court was angry at the overtures of the PDP and its candidate describing their move as an abuse on judicial process.

    The panel upheld its initial judgement of December 9 which was delivered by Eko and asked the House to inaugurate Ogbara.

    The court in its judgement of December 9 said: “The order of the trial tribunal directing a rerun of the election is hereby set aside. In its place, the first appellant (Ogbara) is hereby declared the winner of the election conducted on April 11, 2015 in Ogbia Constituency III with the majority of lawful votes cast in the election.

    “The first respondent INEC is hereby ordered to forthwith issue to the first appellant, Ogbara Gabriel Michael of African Democratic Congress (ADC) the Certificate of Returns”.

    But investigations revealed that while INEC obeyed the order and issued the certificate of returns to Ogbara, the leadership of the PDP-dominated House had refused to honour the directive.

    The certificate of returns signed by the Chairman of INEC, Prof. Mahmood Yakubu, was dated December 21, 2015.

    It was gathered that the executive arm mounted pressure on the House leadership not to obey the order.

    But residents of the state frowned on the refusal of the House not to obey the order describing it as an affront to the rule of law and desecration of the temple of justice.

    The immediate past state Secretary, Civil Liberties Organisation (CLO), Mr. Alagoa Morris, regretted that the powers that be were frustrating obedience to a court order.

    He wondered why the House had refused to swear-in a candidate that had been issued a certificate of return by INEC.

    He said: “Sadly, the ruling and order of the Court of Appeal is yet to be acted upon by the leadership of the Bayelsa State House of Assembly; even though INEC, the election umpire has since honoured the Court Order and issued a Certificate of Return to the winner.

    “This is happening when tongues are wagging that the State Governor, who was a former police man, lawmaker and a legal practitioner by profession is not unaware of this attack on democracy.

    “The Governor himself, while speaking at his swearing in for a second tenure openly declared that God is the giver of power. One wonders how God gives power; if not the way the candidate for Ogbia Constituency 111 emerged as winner of the election of 11th April, 2015 and as declared by the Court of Appeal”.

    Morris said it was sheer wickedness to keep denying Ogbara his right to represent his constituents in the House.

    He said: “Denying this Bayelsan his due representation of his Constituency in the State House of Assembly smacks of abuse of office/power, impunity and disrespect for the rule of law and democratic ethos of election.

    “It is surprising that the membership and leadership of the African Democratic Congress has been so docile about this injustice both at the national and state levels. Even at that, the Civil Society should rise up in defence of democracy.

    “The winner of the election, Ogbara Gabriel Michael is a victim of the forces of internal colonialism, oppression and impunity. He sure needs the support of all lovers of democracy, and those who believe in the rule of Law.

    “This is not just about an individual; it is about injustice, impunity, democracy and the Rule of Law. Those actions which make people to dislike military rule shouldn’t be tolerated in our hard-earned democracy.

    “In the spirits of democracy and the Rule of Law, that I urge the State Governor and Speaker of the State House of Assembly to ensure that the man be sworn-in to enable him represent his people in government.

    “Anything short of this would be viewed as going against, not only the will of the electorates, but gross and unacceptable disobedience to Court rulings. When those who ought to know better, show good example and obey the law are not doing what is expected; then they are only saying they are above the law.”

  • INEC ready for Bayelsa House of Assembly re-run – REC

    The Independent National Electoral Commission (INEC) on Monday announced that it would conduct re-run election in two state constituencies in Bayelsa on March 5, 2016.

    The Resident Electoral Commissioner (REC) in the state, Mr Austen Okojie, disclosed this during a meeting with management staff of INEC’s office in the state, in Yenagoa.

    He said that the meeting was to arrange on how to make the exercise hitch free.

    Okojie said the two constituencies were Ekeremor III and Southern Ijaw IV.

    He, however, said that the election would not take place in Olodiama, Ward IV and polling units 20-30 in Foropa, Ward 14.

    He expressed the readiness of the commission to conduct fair and credible poll and urged all stakeholders to support the commission to attain the objective.

  • Bayelsa House of Assembly in disarray over Speaker’s sack

    The Bayelsa State House of Assembly has been thrown into confusion following the Court of Appeal’s judgment that sacked its speaker, Mr. Kombowei Benson.

    The current imbroglio in the House was caused by Benson’s move to keep his speakership position vacant pending the outcome of the rerun election scheduled for March 5.

    Benson is said to be working to ensure that no new speaker is elected to fill the void to enable him retain his position easily if he wins the rerun poll.

    But the lawmakers were said to have demanded that a new speaker should be elected to carry on with the business of law-making and other activities in accordance with the House rules.

    Following the agitations, Benson reportedly held a meeting with the executive arm on Thursday to stop lawmakers jostling to occupy his former position.

    It was learnt that the meeting, which was held at the Government House, Yenagoa, started from 11pm and ended midnight.

    The Leader of the House, another lawmaker, Mr. Tonye Isenah, and the sacked speaker attended the meeting where they resolved that an enlarged meeting with all the Peoples Democratic Party (PDP) lawmakers should hold to resolve the crisis.

    “Only the PDP members attended the meeting. There was clamour to change the leadership of the House and this clamour led to the meeting. But the executive arm told them to maintain the status quo.

    “This arrangement is illegal, because the House rule does not allow for a vacuum. Once the speaker is no more a member of the House, another lawmaker from the same zone of the speaker is elected to fill the vacant seat for equity to prevail,” he said.

    The April 2015 election of the former Speaker, who occupied Southern Ijaw Constituency 4 seat, was voided by the Appeal Court, which ordered a rerun poll within 90 days.

    But the former Speaker held tenaciously to his position, claiming that the written judgment was different from the records of proceedings.

    Despite the judgment, the former speaker chaired the House that received the 2016 Appropriation Bill from the state Governor, Mr. Seriake Dickson.

  • Controversy in Bayelsa over Speaker’s sack

    Controversy in Bayelsa over Speaker’s sack

    The Speaker of the Bayelsa State House of Assembly, Mr. Kombowei Benson, Saturday, said he would not vacate the Southern Ijaw Constituency 4 seat following controversies surrounding the Court of Appeal judgement that declared his April 11, 2015 election null and void.

    Benson remained adamant insisting that the purported written judgement was different from the record of court’s proceeding on December 9, 2015.

    The Court of Appeal sitting in Port-Harcourt, Rivers State, in a written judgement delivered on December 9, 2015 nullified the April 2015 election that returned Benson.

    The court in a copy of the ruling, ordered the Independent National Electoral Commission (INEC) to conduct a fresh poll within 90 days to fill the seat.

    The Speaker was sacked in a case filed by Mr. Ebifaghe Orunimighe, the candidate of the All Progressives Congress (APC) for the seat of the House of Assembly in Southern Ijaw Constituency 4.

    According to a copy of the judgement, Justices Mohammed Lawal Garba, Ejembi Eko and Stephen Jonah Adah, sat on the three-man panel that nullified Benson’s election.

    The judgement which resolved issues 1,2 and 3 in favour of the APC candidate, was delivered by Justice Ejembi Eko and signed by other justices on the panel.

    Eko said: “I allow the appeal in substantial part. My findings on issues 1, 2 and 3 justify the declaration that the election/return of the first respondent Hon. Benson Friday Kombowei, as the purported winner of the Bayelsa State House of Assembly seat for Southern Ijaw Constituency 4 elections held on April 11, 2015 was null and void.

    But about 60 days after, Benson faulted the authenticity of the written judgement saying the record of proceeding on that day showed that the appeal of the APC candidate was dismissed in the open court.

    Addressing journalists in his office at the House of Assembly complex Yenagoa, Benson insisted that the ruling of 9th December upheld his election and dismissed the appeal filed by the APC candidate.

    He said: “On the 9th of December, the appeal court dismissed the appeal by Orunimighe challenging my election. On January 14th, a purported judgement alleging that my election has been declared null and void emerged. This is strange and untrue.

    “What transpired in the open court in the presence of lawyers was outright dismissal of the appeal brought by my opponent. The judgement was delivered in the open court thereby upholding my election in the House of Assembly.”

    Benson said to further clarify the issues and put the record straight, he had through his team of lawyers filed a motion on notice praying the Appeal Court to set aside the judgement that was not in conformity with its declaration in the open court on December 9.

    He said the motion on notice further prayed the court to make an order directing the Independent National Electoral Commission (INEC) to stay execution on the judgment pending the determination of the motion on notice.

    “This motion has been served on the National Judicial Commission (NJC), President of the Appeal Court, the Department of Security Service (DSS), Commissioner of Police, Clerk of the House and other officers and some important personalities.

    “My team of lawyers and other lawyers who were in court have also in the same vein have also sworn to the affidavit to the fact that the judgement delivered in the open court was dismissed,” he said.

    Benson said he remained the speaker and would continue to preside over the affairs of the House of Assembly pending the resolution if the case.

    But the APC candidate for Southern Ijaw Constituency 4 accompanied by his Media Aide, Bodmas Debekeme and his lawyer, in a separate press briefing, called on Benson to respect the judgment of the Court of Appeal and stop playing to the gallery.

    Oruminighe warned Benson to stop parading himself as Speaker or risk going to prison for contempt.

    At the news conference entitled, ‘Contemptuous conduct of Kombowei Benson – former Speaker’, Oruminighe noted that his lawyers had begun a process of filling a contempt suit against Benson.

    He said: “Our attention has been drawn to recent reports credited to Kombowei Benson where he unequivocally stated that he still remained the Speaker of the Bayelsa State House of Assembly because the judgement declared by the Court of Appeal in open court on December 9, 2015 affirmed his victory.

    “Ordinarily, we should not have reacted to such fallacious publications, but our reticence may mislead the unseeming minds from discerning between reality and fiction.

    “It is based on this realisation that we are indeed compelled to react. It is unfortunate that Kombowei Benson is accentuated by greed and desperation to disseminate such deliberate falsehood to mislead members of the society including his pastors and church members.

    “Elementary intelligence, logic and commonsense suggests that a person who claims to win a case should produce the judgement of the court confirming his victory. Where is the judgement delivered on December 9, 2015, where Konbowei claimed victory?

    “For the avoidance of doubt, let it be established right away that the unanimous judgement of the court of appeal delivered by Justice Ejembi Eko, JCA on December 9, 2015 declared the election of Benson as the purported winner of the House of Assembly seat for southern Ijaw Constituency 4, held on the 11th April, 2015 as null and void.

    “Therefore, the Appeal Court ordered the Independent National Electoral Commission to conduct elections within 90 days from the date of judgement.”

    He noted that the Court of Appeal did not give two conflicting judgements as falsely claimed by Benson.

    He said that the judgement which sacked Benson was the only subsisting judgement adding that speaker, his team of lawyers, had copies of the same ruling.

    According to him Benson in utter defiance to the judgement of the Court of Appeal, presided over the 2016 budget presented on the floor of the House by Governor Seriake Dickson on January 15, 2016.

    Orunimighe said: “It is worrisome that the conduct of Benson borders on contempt of court and wanton disregard for the rule of Law.

    “As you are aware, the illegality perpetrated by the ex-Speaker of the Bayelsa State House of Assembly and members of the PDP-led Government is an absolute display of lawlessness reminiscence of the Hobberisan state of nature.”

    He urged the members of the public to disregard the innuendoes of Benson and advised the embattled Speaker to stop engaging in acts that were tantamount to disobeying the lawful and valid judgement of the Court of Appeal.