Tag: Ben Obi

  • Ondo: Court grants Jegede, Makarfi, Obi leave to appeal judgment

    Ondo: Court grants Jegede, Makarfi, Obi leave to appeal judgment

    …Refuses Sheriff’s, Ibrahim’s request to disband fresh panel

     

    Factional leaders of the People’s Democratic Party (PDP), Ahmed Makarfi and Ben Obi and the substituted governorship candidate of party in Ondo State, Eyitayo Jegede recorded major victory before the Court of Appeal in Abuja Thursday.

    The court, in two unanimous rulings by a three-man panel, upheld the applications by Makarfi, Obi (Chairman and Secretary of the PDP Caretaker Committee) and Jegede for leave to appeal against the June 29, 2016 judgment and October 14, 2016 ruling of Justice Okon Abang of the Federal High Court, Abuja.

    Justice Abang had, in the judgment of June 29, recognised the Ali Modu Sheriff leadership of the PDP as the authentic body to take decisions for the party.

    In the October 14 post-judgment ruling, Justice Abang ordered the Independent National Electoral Commission (INEC) to accept the name of Jimoh Ibrahim (produced by the leadership of the party in Ondo, supported by the Sheriff faction in place of Jegede produced by the Markefi backed faction of the party in Ondo.

    Justice Ibrahim Saulawa (who led the panel) said in the lead ruling in the application by Jegede that he has satisfied the court that he was a necessary party to the case even when he was not a party at the trial court.

    Justice Saulawa held that under Order 7 Rule 3 of the Court of Appeal Rule an interested party to a judgment, who was not a party at the trial court, is allowed to apply to the appellate court for leave to appeal if such an application had been rejected by the lower court.

    He noted that in this case, since the trial court had reject Jegede’s application for leave to appeal, he was right to have file similar application again before the Court of Appeal within the prescribed 15 days.

    As against the argument by lawyer to factional Chairman of PDP in Ondo State, Biyi Poroye and other members of his Executive, Beluolisa Nwofor (SAN) that the June 29 judgment was a consent one, the court held otherwise.

    The court held that since Jegede was not a party at the trial court, he could not have consented to the judgment. It noted that by the record of the court, INEC that was a party at the trial court, did not consent to the judgment.

    “I am satisfied that there are reasonable grounds duly established by the applicant (Jegede) that he be given the opportunity to appeal the judgment.

    “The applicant has duly established that he is the person aggrieved by the decision of the court below, having won the primary of the party,” Justice Saulawa said.

    He granted that application, deemed the notice of appeal and record of proceedings already compiled by the Jegede as properly filed and compiled.

    The courts granted an order departing from its court’s rule and abridge the time within which parties could file their processes.

    It granted the appellant (Jegede) 24 hours within which to file his brief or argument and three days to the respondents to file respondent’s brief.

    The ruling delivered in the application by Jegede, was adopted in the similar applications by Makarfi and Obi.

    In an earlier ruling, the court refused an application by Poroye and others for the disbandment of the fresh panel set up to hear all the appeals on the dispute over the governorship candidate of PDP in Ondo.

    The court held that the decision to set up a special panel to promptly determine the appeals was within the administrative powers of the Court of Appeal President, which cannot be challenged by anyone in court.

    Other members of the panel: Justice Ignatius Igwe Agube and Ita Godwin Mbaba agreed with the lead decisions by Justice Saulawa.

     

  • Court rules on PDP crisis July 4

    Court rules on PDP crisis July 4

    Justice Makhmud Liman of the Federal High Court, Port Harcourt, Rivers State, on Thursday adjourned till July 4, ruling on the Peoples’ Democratic Party (PDP) National Convention held last month in the oil city.

    The party held a parallel convention in Port Harcourt and Abuja on May 21.

    While the Acting National Chairman, Ali Modu-Sheriff, convened the Port Harcourt convention, the party’s elders organised the Abuja meeting.

    They were to elect their new executives at the convention.

    The conventions however ended in deadlock. Instead of electing new leaders, the convention produced a caretaker committee headed by Senator Markafi, to the chagrin of the ex-Borno State governor who vowed never to relinquish his office in that manner.

    Sheriff insisted that he remains the acting chairman of the party.

    Makarfi on his part approached the court May 23 to seek an order of interim injunction restraining Sheriff from parading himself as the national chairman of PDP.

    They are also asking the court to validate the Port Harcourt convention which produced the caretaker committee.

    Justice Liman granted the order and adjourned the matter till June 7 for hearing.

    On June 7, parties filed processes on the fact of the matter and the court adjourned the suit till Thursday for hearing.

    On Thursday, parties canvassed their position and the court adjourned till June 4 for final judgement on whether the Port Harcourt convention is illegal or not.

    Parties made presentations on their positions. Four motions were filed by the both parties. While Markafi and Ben Obi filed the originating summons on behalf of the PDP, Sheriff and three others who are respondents filed three applications.

    They applications are – memorandum of condition appearance, dated and filed on May 26, motion to discharge the interim order of court, dated May 25 and filed May 26 and notice of pre-notice preliminary objection dated and filed on May 26.

    Three of the motions were heard. But the one bordering on the experte order of interim injunction on Sheriff and co was not heard.

    The court agreed that the timeline of 14 days for interim injunction has ended and should therefore not be over flogged.

    However arguing on the originating summons, which bordered on the validity of the Port Harcourt convention and the agreements reached there, counsel for the plaintiffs, Oladejo Olaminkoran, a Senior Advocate of Nigeria (SAN), urged the court to declare the convention legal, as against the declaration of the defence party.

    In his argument, Olaminkoran claimed that the convention was legally convened and by the right persons empowered by the party constitution to do so and therefore should be upheld.

    “One of the reasons we have come to court is that only the court of law can declare a particular action as legal or illegal, but the position of the PDP is that the convention was lawful, legal, backed by the PDP convention and was convened by the body that is constitutionally empowered to call such convention, the National Executive Committee of the party which included at that time Sheriff and who was the Acting National chairman and the National Party Secretary, who are the main respondent in this suit.”

    Moving his motion earlier, Sheriff urged the court to strike out the name of the Peoples’ Democratic Party (PDP), as plaintiffs in the action, thereby dismissing the entire suit.

    He argued that the use of the name of PDP, a cooperate entity in the suit by Makarfi and Ben Obi who are the plaintiffs in the suit is illegal.

    “The reason for the submission is because, the use of the PDP corporate entity as a plaintiff to commence this action by Senators Makarfi and Ben Obi, is predicated on the illegal usurpation of the functions of the appropriate members of the party. The caretaker committee which they claim to lead is an illegal contraction, set up by their own admission on May 21, 2016 in defiance of express prohibitory orders of this honourable court, made respectively in suit numbers, FHC/ CS/ 613/ 2016 and FHC/ SUS/637/2016 on May 12 and 16, 2016, and by the Federal Capital Territory (FCT), High courts judgements on suits number FTC/HC/1443/2016.

    “We also seek that the court make an order dismissing this action for reason of ex-facia illegality represented in the title of the action and their admission of those who are behind the use of the name of PDP as plaintiff in this action that their authority to represent the political party and to invoke its cooperate personality is contested and requires validation by this court’s orders, which they seek.

    “Also that this suit be dismissed by reason of ex-facia illegality as the right sought to enforce this action and the assumed personal rights of Markafi and Ben Obi and other members of the Illegal CTC which they lead and not at all the cooperate right of the PDP.

    “And finally, for such ancillary and inconsequential orders as this court may deem fit to make in the circumstances,” he said.

    He expressed confidence on the grounds of the application, the affidavits and exhibits annexed in the documents and urged the court to grant his application and remove the name of PDP from the suit.

    Earlier, the plaintiff had insisted that the three processes be dismissed for incompetence, but the court overruled the position and upheld them.

    But in his ruling, the judge upheld the application filed by the defence for amendment, saying that striking out the processes would delay quick determination of the suit and strengthen the power of technicality in legal battle.

    “In which case where no application is filed to set aside the irregularity or was not filed timeously, the court might view the party to have weaved his right to complain.

    “Where however an application to set aside have been properly filed, the court has a range of options in the exercise of his discretion either to set aside the process, wholly or partially or the order amendment subject to cause of amendment.

    “In the instant case, the plaintiff has not shown what prejudice it will suffer if the motion to amend the defect is granted, more so that this being a political case in which a major political party is battling with its life, which calls for conscientious efforts to address the legal conflict expeditiously.

    “I think to strike out the processes filed will roll back the entire proceedings to the beginning, and this will signal the triumph of technicality and tragic expense of substantial justice.

    “In the like of the above analysis, I dismiss the motion to strike out the three processes filed and grant the application for amendment.”

    He recalled that Justices Idris J. and Buba J. of the Federal High courts in Lagos had made earlier orders on this matter, adding that Justice Buba J. in his order warned that no election should be conducted into the office until the matter before him was disposed of.

    Quoting Idris, the judge also said, “Do not take steps that will affect the rest of the action before him.” The ‘rest’ he interpreted as the conduct of the National Convention of the Party. While the FCT High court stated that the tenureship of Modu-Sheriff’s Executives will run till 2018.”

    He described as share expertise illegality for people to conspire to subvert the orders of the court and urged the court to grant his application and make an order to remove the name of the PDP from the suit.

    Responding to the application, the plaintiffs said Markafi and Ben Obi are not parties in the matter but the PDP, and that the issue of the legality of the Port Harcourt convention is the main subject matter of the suit as contained in the originating process.

    He admitted that the Abuja court noted that the Modu-Sheriff’s tenureship would continue till the end of 2018, but stated that it (the court), also stated that it is dependent on the conduct of election by the party into the office of the chairman.

    “Justice A. D. Mohammad in his judgement stated that Modu-Sheriff’s tenure is not until 2018, but pending the election into the vacant office of the chairman of PDP.”

    He noted that by the statement, the court automatically declared the office of the chairman party vacant.

    Laminkoran also recalled that the judgement of the court equally ruled that the Port Harcourt convention which the plaintiff (Sheriff), sought to stop cannot be stopped and that the notice of the convention cannot be set aside.

    He noted that the same relieve Sheriff sought for in Abuja was the same thing he canvassed for at the Lagos court, describing it as abuse of court process.

     

  • Averting violence in Ekiti election

    Averting violence in Ekiti election

    The  Special Adviser on Inter-Party Affairs, Senator Ben Obi, recently held a sensitisation workshop for political parties and stakeholders in the June 21 governorship election in Ekiti State. Sulaiman Salawudeen, in this piece, examines  the danger of electoral violence in the state.

    A thick cloud of uncertainty lovers on  the June 21 governorship election in Ekiti State. There are widespread fear that the election may be marred by violence. This was the subject that dominated the recent one-day sensitisation and interactive forum for political parties and other stakeholders. At the sensitisation forum held at Adetiloye Hall, Fountain Hotel, Ado-Ekiti, the capital Speaker took turns to dispel the fears. They also to emphasised the importance of peaceful co-existence to the development of the state.

    The forum, was organised by the Office of the Special Adviser (SA) on Inter-Party Affairs to President Goodluck Jonathan, in conjunction with the Independent National Electoral Commission (INEC). A similar sensitisation forum had, according, Senator Ben Obi,  preceded the recent elections in Edo, Ondo and Anambra states.

    In his opening remarks, Obi said the essence of the forum was to urge parties to submit themselves to the rules of the game and to make it categorically clear that elections were not wars and that parties should not prepare for violent confrontations, by  piling up ammunitions like guns, cutlasses, big sticks, axes, knives, stones and the like.

    Apart from Obi, other dignitaries in attendance were General David Jemibewon, who chaired the event, Dr. Eddie Iroh, who gave the keynote address, and Independent National Electoral Commission (INEC) boss, Professor Attahiru Jega, who was represented by the commissioner in charge of the Southwest, Professor Lai Olurode. Others are Guest speaker, Kunle Fagbemi and the Peoples Democratic Party’s (PDP) candidate in the election, Mr. Peter Ayodele Fayose who arrived a few minutes to the end of the programme, which lasted about four hours.

    The  candidates of the All Progres-sives Congress (APC). But  the Labour Party (LP) were absent, and Kunle Ajayi (Accord Party), Opeyemi Akinyemi (Action Alliance), Adeniji Philip (United Democratic Party), and Adekola Ayo (Social Democratic Party) were present.

    However, despite efforts by the organisers to present themselves as unbiased proponents of peaceful elections, the impression that it was essentially “a programme of the PDP, by the PDP for the PDP” could not be avoided. One of the key stakeholders, Hon. Bimbo Daramola, the Director-General, of the Campaign Organi-sation of Dr. John Kayode Fayemi of the All Progressives Congress (APC), stormed out of the event midway, without being recognised by the organisers.

    Daramola cracked a Yoruba proverb, which translates to: “Two people cannot miss out on the import of lying; if the person being lied to does not know he is being peddled with a lie, the person telling it would know he lying”. He added: “I have to leave because none among them has spoken the truth. They have been lying and scratching the facts on the surface”.

    Daramola went further to state that he has nothing against Senator Ben Obi or his office, but “this whole efforts (the forum) reeks of deceit and an attempt to hoodwink the people into believing that efforts are being made to have free, fair and credible elections”.

    In Daramola’s opinion, the event is a typical political charade, where holders of political positions pay lip service to the genuine and obvious needs of the people.

    “Remember that two years ago,” Daramola said, “when I said President Jonathan was paying lip service to the issue of insecurity in the country, people said Daramola has come again. Today, Nigerians now know better”. He added: “I refer to the interview I granted two years ago, and I cited on TV that It is better to pluck and prune the branches of the Iroko tree in good time as failure to do that would make the people suffer consequences of their sturdy maturity. When I walked into that venue, I wanted to see a clarity of purpose and sincerity of intentions. But I regret to tell you that everything fell flat.

    “The speech that Senator Obi read was full of platitudes. Nothing concrete could be held on to. It was full of ‘we expect that this election will be free, we hope the players will comport themselves’ and all sort of apologetic expressions. The last part of the speech alluded to the non-existent achievement recorded by President Goodluck Jonathan. I began to get worried when the second speaker came up and he turned out to be General David Jemibewon. I listened to him.

    “When they introduced the third speaker in person of Kunle Fagbemi, I knew instantly it was a PDP affair and that a script was most possibly being acted. Eventually, none of them had a word for the Vice President Namadi Sambo who declared on national television that the election in Ekiti was going to be war. That was marching orders from the Vice President himself.. Given what the PDP came to orchestrate in Ekiti, I urge the people to be on their watch. But we are telling the Jonathans that we in Ekiti will not let stealing happen. A million army cannot defeat a people who have made up their mind where to go. One million and one army cannot break the will of Ekiti people. We will not be intimidated. Let nobody mock God.”

    Speaking further, Obi said if the Edo, Ondo and Anambra elections were adjudged as free and credible by local and international observers, the efforts of his office, which promoted the interactive forums in the states, were not in vain and should  be sustained and replicated in Ekiti. The SA who stated the Presidency was aware of the charged political atmosphere in Ekiti, noted that the workshop was to enable party associates and stakeholders exchange ideas on how to ensure crisis-free election in the state.

    Jega noted the primacy of security to successful elections anywhere and that people would go out to vote in elections only if they have a feeling of assurance about their physical security. According to him, every stakeholder in the election must work to sustain security which he saw as saine qua non to free and fair poll.

    Jega assured INEC would put in place measures to ensure the outcome of the June 21 exercise in Ekiti would not suffer common compromises. He urged the parties not to see the election as a do-or-die affair. He equally condemned the general intolerance and violence among partisan groups in the country, adding that recent by-elections to the lower legislative chambers in Kano and Ondo states witnessed high level violence.

    He said security agencies have a role to ensure adequate security during the election in Ekiti. He added: “INEC on its part will not do anything that would negatively affect its integrity. INEC is going to be neutral. The mindset of politicians concerning elections must change. The candidates must not give the impression that they are coming to win irrespective of what voters think.”

    Jemibewon urged the  INEC to improve upon its performance in Anambra by ensuring perfect logistics, particularly the distribution of materials to designated polling centres. He added that the Ekiti exercise must be made to agree with the United Nations resolution that recognises governments as being responsible “for free and fair elections, free of intimidation, coercion and tampering with votes.”

    The retired General said: “electoral marginalisation is almost becoming a norm and that fracas and public disturbances are equally becoming a permanent feature of elections in the country. The “INEC must therefore, live above board to ensure that people are given a chance to elect the candidate of their choice.”

    Iroh, in his keynote address, placed the responsibility for “peaceful, free, credible, and successful” election in Ekiti squarely on the shoulders of politicians, noting that despite the seeming impossibility of achieving desirable election outcomes, parties and politicians needed only discipline and sacrifice.

    According to Iroh, all the contending political parties in the elections must accept that others in the race are not ‘enemies’, saying this would enable them to accommode, tolerate and accept one another as brothers.

    Jemibewon agrees with Iroh. His words: “In the real world or real politics, this calls for crossing the familiar lines of political rivalry. It calls for dispensing with old prejudices and bitterness. It calls for an uncommon and unusual sacrifice, the type that has always been elusive in Nigerian politics in more than 50 years of independence, but the one that can transform ordinary politicians, men and women to that extra-ordinary pantheon occupied by immortal statesmen”.

    The guest speaker, Mr Kunle Fagbemi, who is also the Executive Director, Centre for Peace Building and Socio-Economic Resources Development (CePSERD), admitted that the political space in Ekiti was manifestly charged.  He said politicians, the partisan groups and other interest bodies who have stakes in the approaching exercise must be practically committed to ensuring that the election was not marred by violence.

    He said: “It is now very clear that unless as stakeholders, we all make concerted efforts towards peaceful conducts across board, that is by ensuring that peaceful conducts characterise electioneering campaigns during the remaining three critical weeks, the actual election day and post declaration of governorship election results, we may end up going back to the ‘wild-wild West days.”

    Fayose and the Commissioner of Police, Mr. Felix Uyanna, engaged briefly in some verbal wars on who had been more liable for the unsettled political space in the state. While Fayose maintained that the police had been looking the other way while some politicians foisted violence on the citizenry, Uyanna countered that the three major parties –  the APC, the PDP and the Labour Party (LP) have been part of the violence.

    Fayose had said perpetrators of violence had been doing it because the police had not called them to order, adding “If the police can check armed robbers, then they can check politicians because politicians are not armed robbers”. He however urged the CP to summon a meeting with the major parties to find a way of ending the violence.

    “There is  suspicion in the air, thugs are being hired, and all the hotels have been booked in the towns and villages. INEC cannot be blamed, if the election fails because it should be the role of the security agencies to check the excesses of unruly politicians,” the PDP candidate said.

    Uyanna however, disagreed. He said: “Party leaders are the cause of the violence. It is sad that some of them have not taken our advice to avoid violence. Leaders of the APC, the LP and the PDP have been involved in large-scale violence. So far, 70 persons across these political parties have been arrested.” The CP disclosed that steps are being taken to check excesses of politicians during the election, noting that about 13, 000 policemen would monitor the exercise. He added that each of the 2, 195 polling units in the state would be monitored by three policemen each, while the collation centres and other strategic places would equally be manned by high-ranking officers.

    Uyanna, who noted that the police and other security agencies had been up and doing in, ahead of maintaining peace in the state the election, he said that ‘flashpoints’ of violence had been identified and strategies were already in place to police them.

     

     

  • My wife’s wish was to be buried in Awka, says Ben Obi at burial

    Tributes flowed freely in Awka, Anambra State yesterday as Senator Ben Obi’s wife, Chief (Mrs) Collete Ojirhomu Obi, was laid to rest.

    The burial service, conducted by the Anglican Primate of Nigeria, Most Rev. Nicholas Okoh, was a gathering of who is who in the Nigerian political landscape.

    Rev. Okoh told the gathering at the service, which took place at the former Tracas Stadium in Awka from 10 am to 12 pm, that they should weep for Nigeria and not the deceased woman.

    Okoh, who based his sermon on Mathew 47: 45-46, urged Obi to draw inspiration from the Christian life his late wife cherished.

    He said: “We should live like people with faith; people who have inheritance behind time and space. We should not live like people who have lost hope in God.

    “Our values have been eroded because of our quest for material wealth. Weep not for Lady Collete. We should weep for ourselves. Let us weep for our country and seek complete reconciliation between us and God.

    Narrating his experience with his in-laws to the congregation, Obi said his wife’s wish was to be buried in Awka instead of Warri native home.

    He said: “My late mother came from that part of the country. When she passed on in those days, we said it shall be well. We grew up with the Olu of Warri, and we thought it would not be difficult to bring the corpse of my mother to Awka. But my mother was buried in her native place, Warri

    So, I thought my wife’s burial would be the same. But behold, my laws made things easy for me because they wanted to please their daughter and make her rest in peace. Moreover, it was a decision my late wife made to rest in her husband’s place”

    Others who spoke at the occasion included former president Jerry Rawlings of Ghana, who sent his tribute through a representative, Koffi Adams, andAnambra State Governor, Mr. Peter Obi, who poured encomiums on the departed woman and her husband, noting that the late high chief stood by his administration in both good and bad times.

    The coordinator of Transform Nigeria Movement (TNM), Obi Ochije, praised the qualities of the late Mrs. Ben Obi, describing her as a hardworker and a woman with listening ears.

    He prayed God to grant her soul eternal rest and to provide the Obi family the fortitude to bear the loss.

    For the president of Christian Association of Nigeria (CAN) Pastor Ayo Oritsejafor, it is not how long people live on earth that matters, but how well they lived their lives.

    The CAN president cited the lives of Aaron and Jesus Christ who lived over 100 years and 33 years respectively, adding that Collete had gone but God would continue to keep the family she left behind.

    Other guests at the burial ceremony included former Vice President Atiku Abubarka; Senator Jim Nwobodo; Ambassador Bianca Ojukwu; Chief Philip Asiodu; Chief Tom Ikimi; former Senate President, Ken Nnamani; Alhaji Idi Farouk; Sen. Azu Agboti; Sen. Uche Chukwumerije and Mrs. Josephine Anenih

    Others include Chief Audu Ogbeh; Prince Arthur Ezeh; Gen. Obiakor; former Ebonyi State governor, Sam Egwu; Dr George Obiozor; Prof. Ben Nwabueze (SAN); former Senate president, Adolphus Wabara; Senator Hope Uzodinma; Prof. Chukwuma Soludo; Prof. Maurice Iwu; Chief Victor Umeh; Alhaji Isiaku Ibrahim; Eze Cletus Ilomuanya and Col Austine Akobundu.

    Also at the event were Prof Chinwe Obaje; Chief Clem Nwankwu; Gen. Ike Nwachukwu (rtd); Chief Chidi Anyaegbu; Chief Tony Okam; Zik Obi; Igwe Chris Onyekwuluje; Ambassador Jerry Ugokwe; Most Rev Paul Udogu and Most Rev Emmanuel Chukwuma, among others.