The Nation Newspaper

Tag: Delta State

  • Delta APC reconciles aggrieved members

    Delta APC reconciles aggrieved members

    The on going reconciliation of some aggrieved members of the All Progressives Congress (APC) in Delta State is to effectively position the party for a possible re-run and to dominate the political scene in the state.

    Chieftains of the party are in high spirit as Olorogun Otega Emerhor garners overwhelming support of members in the three senatorial districts.

    APC Delta and Emerhor in a statement by his Director of Media, Dr Fred Larimore Oghenesivbe said that the bond of unity and absolute oneness of members has put paid to speculations by the opposition that APC Delta State will not survive her internal crisis.

    He disclosed that the crisis was traced to some party members in the Diaspora who did not believe initially that President Muhammadu Buhari will win the election but later schemed to hijack the party structure in the state after the landslide victory as well as those who were either working for the PDP for selfish interest but could not achieve their goals in the PDP power sharing game.

    The other groups, according his media aide were those who lost out at the party primaries including party members who PDP planted within the rank and file of the party to generate crisis for electioneering strategies before, during and after the general elections.

    Oghenesivbe posited that members of the APC Delta resolved to remain united and to support Olorogun Otega Emerhor who has been and still the major financier of the party in the state so as to mobilize for a possible re-run election after the legal tussle at the tribunal.

    “This pleasant development has placed the party in a better position to rescue power from the PDP which had mismanaged the God given wealth of the oil rich state in the past 16 years of democratic rule,” the statement added.

  • Breach of rules can only render a proceeding irregular, not a nullity

    This is an appeal against the judgment of the High Court of Delta State sitting at Sapele delivered by Hon. Justice E.N. Emudiainohwo wherein the learned trial judge awarded the sum of N10,488,678.80 to the Respondent.

    The Respondent by a Motion Ex-parte pursuant to Order 23 Rule 1 of the High Court (Civil Procedure Rules) 1988 of the defunct Bendel State then applicable to Delta sought that the Writ of Summons regarding the suit be placed on the undefended list. The Respondent had attached exhibits to buttress his prayers in the said motion.

    The trial Court granted the order as prayed and ordered that the Writ of Summons bemarked undefended and placed on the undefendedlist, service was ordered on the defendant now Appellant. The Appellant’s counsel filed a notice of intention to defend with a supporting affidavit after being served with the court process.

    On the return date, both counsel addressed the Court based on the affidavit evidence filed by them. The Respondent argued that judgment be entered in his favour,  but it was the contention of the Appellant  that the matter be transferred to the general cause list. Judgment was entered in favour of the Respondent.

    Dissatisfied, the Appellant appealed to the Court of Appeal through a Notice of Appeal filed containing one ground of appeal wherein two issues for determination were raised as follows:

    1. Whether the case before the trial Court was properly brought under the undefended list inaccordance with the provision of Order 23 Rule1 of the High Court (Civil Procedure Rules)1988 of the defunct Bendel State now applicable to Delta State.
    2. Whether the failure by the Respondent tocomply with the provision of Order 23 Rule 1 ofthe High Court (Civil Procedure Rules) 1988 ofthe Defunct Bendel State now applicable toDelta State, is a fundamental defect capable of rendering the Writ of Summons and consequently the proceeding null and void.

    The Respondent in his brief identified one issue for determination, the Court however adopted the first issue identified by theAppellant.

    Appellant’s counsel submitted that the procedure under Order 23 Rule 1 of the High Court (CivilProcedure Rules) 1988 of the Defunct Bendel State applicable to Delta State is a special procedure ofplacing certain category of cases under the undefended list, to facilitate expeditious determination of non-contentious cases. Counsel further submitted that the decision to place a case on the undefended list is a judicial function of a presiding judge who is empowered to exercise his discretion after giving due consideration to the processes before the Court.

    Appellant’s counsel posited that the Writ was markedas undefended before the order was given and thattakes away the jurisdiction of the trial judge to hearthe matter. See Nwakama v Iko L.G.A ofCross River &Ors. (1996) DTLR pg 112 at 113ratios 1 & 2, Drexel E and N Res v Trans Int’lBank Ltd (2009) Vol. 15 W.R.N pg 1 at page 10ratio 2, JagalPharma Ltd v Hussaini (2008) 14W.R.N pg 160-167 ratios 1-6.

    Counsel further contended that the Respondent hasto first apply to Court to list the matter asundefended and the grant of such application is acondition precedent to the exercise of the Court’sjurisdiction and as such, the lower Court lackedjurisdiction to entertain the suit since the provision ofOrder 23 was never complied with by theRespondent. The exercise of the Court’s discretion inthe matter was never sought and granted. Counselcited ACB Int’l Bank Plc v Out (2008) All F.W.L.Rpt 406 pg 1817 at 1820 ratio 2, Confex Limitedv Nigeria Arab Bank Limited (1997) 2 N.W.L.R(Pt. 496) pg 643 ratio 1; (1997) LPELR-882(SC), City Eng (Nig) Ltd, vNAA (1999) N.W.L.R (Pt. 625) pg 76 ratio 1,2,6; (1999) LPELR-867(SC)and Drexel E and N Res v Trans Int’l BankLimited (Supra).Appellant’scounsel urged this Court to allow the appeal.

    Respondent’s counsel, argued that there is nothing under Order 23 Rule 1 of the HighCourt (Civil Procedure Rules) 1988 of the defunctBendel State as applicable to Delta State thatrequires an applicant for a Writ of Summons underthe undefended list to apply directly to the judge orany other person than the registrar for the issuance of a Writ of Summons as provided for in Order 5 Rule1 of the High Court (Civil Procedure Rules) 1988.

    Counsel submitted that the Respondent is only required to complete and submit the pro forma Writ to the registrar of the Court who will determine, bythe accompanied documents, whether the Writ is oneto be placed on the general cause or undefended listwho, based on the supporting affidavit, can infer that the case is one the Respondent wished to haveplaced on the undefended list.

    Counsel insisted that in this case, the Writ of Summons was placed on the undefended list upon the order of the Court and theWrit remains a valid Writ of Summons. Counsel cited Waade Investment Nig. Ltd &Anor v TradeBank Plc(2006) All F.W.L.R. Pt 336 pg 352and Order 5 Rule 1 of the HighCourt (Civil Procedure Rules) 1988 of the DefunctBendel State now applicable to Delta State.Counsel argued that it is the registrar or any otherofficer of the Court that marks the Writ “undefended”and Appellant’s position that it is after the Court Order is made that the Writ of Summons is enteredunder the undefended list procedure is deemedissued is fallacious.

    That the trial judge is notconcerned with the issuing of the Writ of Summonsbut with the placement of the Writ in the appropriatecause list for hearing. Counsel cited Order 23 R 1. Respondent’s counsel argued that even if the Writwas marked before the Order of Court was given; it does not invalidate the Writ.

    Counsel cited Abayomi&Anor v Attorney General Ondo State (2007)All F.W.L.R. (Pt. 391) Pg. 1683 at 1686 R.7 & 8,and said that even if the Writ in this case ought notto have been issued before the Order of the trialjudge placing the Writ on the undefended list, thefact that there is no appeal against the Order madeon the 26/05/09 in favour of the Respondent, theCourt should apply Order 2 R. 1(1) of the High Court(Civil Procedure) Rules of the defunct Bendel Stateas applicable to Delta State and treat the situation asan irregularity which will not nullify the proceedingsor any document, judgment or order given by thetrial Court and as such, the Appellant has waived hisright to complain. Counsel cited Ramadan Nigeria Limited &Anor vAfribank Plc. (2005) All F.W.L.R (Pt. 285) pg482 at 486 R. 8 and 9, Barr. EdwardEhimwenmaOsifo&Anor v Okogbo CommunityBank Ltd (2007) All FWLR (Pt 372) pg 1803 at1810 R. 9 and 10, Ezekiel Okoli v MorecabFinance (Nig) Ltd (2007) All F.W.L.R (Pt. 369)pg 1164 at 1170 R. 10 and 11; (2007) LPELR-2463(SC) and urged thisCourt to dismiss the appeal.

     

    Resolution

    The Court stated that the rules provide that a suit may be placed by thetrial Court on the undefended list where it is inrespect of a claim to recover a debt, liquidatedmoney demand or any other demand where the debt is clear and there is no defence against it after perusal of the affidavit filed by the defendant in support of the notice of his intention to defend the suit.

    The Court reviewed the facts on record and the sole ground of appeal and stated that the Appellant who was defendant at the trial Court is not disputing the amount of money or in any other way trying to negate the claim; his complaint is with the regularity of the process the Respondent used at the trial Court to activate judicial process to get the money back. The Court set out the following steps to be followed by the applicant as plaintiff to activate the undefended list procedure thus:

    1. An application must be made to the Court for the issuance of a Writ of Summons. (Ostensibly, the application was made hence the issuance of the writ by the Registrar filed on 18/05/09).
    2. The application must be to recover a debt, liquidated money demand or any other claim. (The endorsement on the writ showed a demand for the liquidated sum of N10,488,678.80).

    iii. The application must be supported by an affidavit setting forth the grounds upon which the claim is based. (The affidavit filed with the motion ex-parte set out the factual basis of the claim in support of the writ).

    1. The affidavit must state that the deponent believes the defendant has no defence. (Paragraph 12 of the affidavit declared that the defendant has nodefence to this suit).
    2. The Court should enter the suit for hearing on the undefended list if it believes there is indeed no defence. (In this case, after considering the motion ex-parte on 26/05/09, the trial Court declared that the suit be placed on the undefended list, marked undefended and all processes served on theAppellant who was the defendant).
    3. The Court shall mark the writ of summons accordingly. (In this case, the writ was marked “undefended”)

    vii. The Court shall set a suitable date for hearing. (The Court set a date- 11/06/09 for hearing as shown on the order). See Nkwo Market Community Bank (Nigeria) Ltd v Paul EjikemeUwaabuchi Obi (2010) LPELR-2051 SC; (2010)14 NWLR (Pt.1213) 169 S.C.

    From the above, the Court held that it is clear that the general position is that a Writ of Summons should be marked undefended by the Court before it be placed on the undefended list. See Bayero v Mainasara&Sons Ltd (2006) 8 NWLR (Pt. 982) Pg. 391; (2006) LPELR-75587 CA, Nwakanma v IkoLocal Government of Cross Rivers &Ors(Supra), Enye v Ogbu(2003) 10 NWLR (Pt.828) Pg. 403; (2003) LPELR-7152 CA, Obaro v Sale Hassan (2013) LPELR-20089 SC.

    Relying on the authority of Olubusola Stores v Standard Bank (1975)LPELR- 2610; (1975) 1 All NLR 125; (1975) 4SC 37,  the Court stated that it is clear that a plaintiff starts the processby applying for a Writ of Summons. The Writ must be filed with a motion on notice supported by affidavit. That it is that same Writ that would be markedundefended AFTER the Order of the Court and served on the Defendant along with other processes. That EveryWrit is issued by the Registrar of the Court.

    The Court agreed with Respondent’s counsel that the purport of Order 23 is not to mandate the judge to issue a Writ of Summons but the placement of the Writ in the appropriate cause list for hearing. In essence, what the trial judge did was not issuance of Writ of Summons on the undefended list by the Order made on the 26th May, 2009. See WaadeInvestment Nig. Limited &Anor v Trade BankPlc (Supra).

    It was held that there is a presumption of regularity in favour of the Writ of Summons that it was marked after the Order had been given by the trial judge and not before and that even if the Writ was indeed marked ‘undefended’ by the Registrar before the Order was given, the act hasbeen regularised by the Order of Court given on the26th May, 2009. That it is trite that the breach of practice and procedurecan only render a proceeding irregular and not a nullity. See Saliba v Lababedi (1972) 12 S.C.197; (1972) LPELR-2993(SC) Agbakoba v INEC (2008) 18 NWLR (Pt.1119) 489 SC; (2008) LPELR-232 SC.

    In the circumstances, the sole issue for reasons stated above was resolved against the Appellant. The appeal was dismissed.

     

    Edited by LawPavilion. Citation: (2015) LPELR-25585(CA).

     

     

  • Photo: Flooded street in Asaba

    Photo: Flooded street in Asaba

  • 15 die in Delta auto crash

    15 die in Delta auto crash

    No fewer than 15 persons died in Thursday auto crashed, that occurred at Ubulu Okiti junction in Aniocha South Local Government Area of Delta, an official of the Federal Road Safety Commission (FRSC) has said.

    Mr Rindom Kumven, Delta Sector Commander of FRSC, disclosed this on Saturday in Asaba in an interview with the News Agency of Nigeria (NAN).

    He said that a bus, marked DT 266 B28, enroute Asaba-Abraka, was trying to avoid a head on collision with an articulated vehicle when the accident occurred.

    The sector commander said that the articulated vehicle was also trying to tow a broken down truck loaded with iron rods at the time of the incident.

    He said that the driver of the bus, on sighting the barrier ahead, attempted to swerve to the other side of the road, but lost control in the process, as he ran into the articulated vehicle.

    Kumven said that 14 persons died on the spot, while the FRSC officials rescued two others and took them to Mother and Child Hospital at Issele-Uku.

    The sector commander, however, said that one of them later died and the other had since been discharged.

  • Delta Tribunals sack two PDP lawmakers

    Delta Tribunals sack two PDP lawmakers

    The Peoples’ Democratic Party in Warri North Local Government Area of Delta State Monday suffered a fresh defeat at Election Tribunal sitting in Warri, as another of its lawmaker was floored by the candidate of the All Progressive Congress.

    Prince Okorodudu Eustace Eyitene was ordered to vacate the seat of member representing Koko Ward 8 at the legislative arm of Warri North Local Council. He joined his colleague, Mrs Abigail Tosan Anighoro who had earlier been sent packing by the tribunal.

    The election of Prince Eyitene (PDP) was challenged by Comrade Akatakpo Omatseye, of the All Progressive Congress, who averred that the election, conducted by the Delta State Independent Election Commission was marred by irregularities.

    In the ruling delivered, the tribunal ordered Eyitene to vacate the seat and also directed DSIEC to conduct another election within 21 days from Monday.

    Earlier on Friday, July 24, Mrs Anighoro was sacked from her position as councillor representing Warri 9, following a petition brought by Comrade Gboye Omagbitse Omatsola, councillorship candidate of the APC.

    Delivering the judgment on Friday 24, the Chairman of a three-member Tribunal, A.T. Akujobi, upheld Omatsola’s petition and ordered DSIEC to conduct a fresh election within 30 days.

    Speaking on the rulings, APC leader in the state, Mr Amorighoye Mene, said it has affirmed the party’s conviction that the judiciary remained the last hope of the common man.

    “This is even more interesting considering that we were up against an incumbent governor who hailed from the area (Dr Emmanuel Uduaghan). But this has shown that power of incumbency cannot hold if you have a good case and are as popular as the APC is in Warri North.”

  • Six dead, 100 hospitalised in Delta cholera breakout

    Six dead, 100 hospitalised in Delta cholera breakout

    Six residents of Aladja in Udu Local Government Area of Delta State have died of cholera.

    About 100 others were said to have been hospitalised yesterday.

    Our reporter learnt that there had been a cholera outbreak since  last week.

    Sources said the situation worsened in the last few days with a high death toll.

    The situation was said to have worsened because the residents attributed it to the people’s alleged failure to seek treatment. The affected persons were reportedly diagnosed with cholera when their condition deteriorated.

    Most of those hospitalised were said to be in Udu Local Government Area; those with more severe cases were said to be receiving treatment at the Central Hospital in Warri.

    Although the cause of the outbreak could not be ascertained last night, our reporter learnt that the contaminated source of water might have been responsible.

    Udu Local Government Chairman Solomon Kpomah confirmed the incident.

    He said the council had deployed a team of medical personnel to curtail further spread to other communities.

    According to him, the state government sent its medical team to test and treat those affected.

    Kpomah said: “We’ll continue to carry out a sensitisation campaign. There is need for a holistic approach by all parties to curtail the disease.”

    The council chief urged the residents to imbibe good hygiene and dispose off their wastes properly.

    He added: “They should also be cautious of the water they drink and the food they eat.”

  • NSCDC nabs 7 over crude oil theft in Delta

    NSCDC nabs 7 over crude oil theft in Delta

    The Nigerian Security and Civil Defense Corps (NSCDC), Delta Command, has arrested seven suspects for illegal haulage of crude oil.

    The NSCDC Commandant, Mrs Beatrice Erabor, disclosed this while briefing newsmen on Saturday in Asaba.

    She said that the suspects were apprehended in the early hours of Saturday along Kwale-Ogwashi-Uku Road, for illegal possession of crude oil.

    She listed the names of the suspects listed as Ifeanyi Agbu, Monday Abokari, Austin Asemota, Endurance Mordi, Julius Sunday, Ifeanyi Iloh and Chimere Ikechukwu.

    The commandant said that they were arrested alongside three trucks each containing 33, 000 litres of crude oil with number plates AUC 62 SA, XA 325 KL and LEH 206 XA.

    Erabor, who resumed office recently as the State Commandant, said that the NSCDC was the lead agency against pipeline vandalism and would stand to protect government property and other facilities.

    She said that proper investigation would be carried out after which the suspects would be prosecuted according to the law of the land.

    On interrogation, all the suspects claimed that they were ignorant of the content in the said trucks.

  • Who is Orubebe?

    Who is Orubebe?

    Elder Peter Godsday Orubebe is a prominent member of the Peoples Democratic Party (PDP), from Ijaw decent in Delta State.

    Born on June 6, 1959, Orubebe was appointed Nigerian Minister of Niger Delta Affairs in 2010 when President Goodluck Jonathan (then Acting President) announced his new cabinet.

    He is a graduate of the University of Lagos (UNILAG), obtaining a B.Sc in Political Science in 1985, but later obtained a Masters Degree in International Relations from Ambrose Alli University, Ekpoma, Edo State, in 2005.

    Orubebe became a Supervisory Councilor, and later Chairman of Burutu Local Government Area. In July 2007 under the late President Umaru Yar’Adua, he was appointed a Minister of Special Duties.

    He later became Minister of State for Niger Delta Affairs when that ministry was created in December 2008 to oversee the amnesty programme for militants from that region.

    In January 2010, he said the proposed 10 per cent equity share policy on infrastructural development in the Niger Delta region would make vandalism and crisis a thing of the past.

    Controversially, on March 31, 2015, the elder, acting as a polling agent for the PDP, almost distrupted the collation of president election results when he threw caution to the wind and accused the Independent National Electoral Commission (INEC) chairman, Prof. Attahiru Jega, of bias.

    He later apologized to Nigerians over his conduct, urging them not to follow in his footsteps.

    “I totally regretted my action,” he told bewildered Nigerians.

    The aftermath of the controversy made thousands of Nigerians raised eyebrow on Tuesday when a post appeared on his twitter handle, allegedly declaring his plans to join the All Progressive Congress (APC).

    However, his media aide has denied that there is no truth in the post claiming that the PDP chieftain remains loyal to the party.

  • Arrested Ikoyi armed robbers narrate operations

    Arrested Ikoyi armed robbers narrate operations

    FOUR of the 11-man gang that killed three policemen and two civilians in the March 12 Lekki, Lagos bank robbery have been arrested by the Special Anti-Robbery Squad (SARS).

    Duke Odogbo, 38; Lawrence Kingsley, 31; Ebi Tosan, 20, and Ekelemo Kuete, 30, were paraded in Ikeja yesterday by Police Commissioner Kayode Aderanti with the exhibits recovered from them. Among the exhibits are a Honda Accord 2008 Model (Evil Spirit), one white blackberry Z10 phone, one white Apple I5, one military cap and 130 expended ammunitions.

    The casualties were Inspector Bethel Agbola, Sergeant Odehohwo George, Corporal Imosisiu Ikechukwu, Mr Sowemimo Kabiru and Sarah Ibikunle, 15, fish seller around the area.

    Odogbo who hails from Warri North in Delta State, said: “We are 11 in number. We came with two boats but one had problem, so we used only one. We came with seven rifles. The extra three rifles that brought our total rifles to 10 belonged to the three policemen killed by my gang. They were not posted to the bank. My members saw them on road patrol. They interfered and they shot them dead and took their three rifles.

    “I was the first to fire a warning shot when we entered the bank, a branch of First City Monument Bank (FCMB) located on Admiralty Way. We collected N15million from the bank’s vault. We sprayed out the money from ATM machine.

    They gave me N500,000 as my own share. I was arrested in my house in Warri.”

    Aderanti said after the movie-like action, he convened a meeting of all commanders of combat units including Deputy Commissioner of Police (DCP) Operatives, Department of Investigation, Rapid Response Squad (RRS), SARS, Special Investigation Bureau (SIB), Marine and Police Mobile Force (PMF), mandating them that the perpetrators must be fished out.

    Aderanti said based on intelligence, six Decoy SARS teams were dispatched to Delta, Ogun, Ondo states and Ikorodu, Lagos under his supervision.

    These efforts, he said, paid off on March 20 when Odogbo, the gang’s leader was picked up in Warri, Delta State. Kuete, who drove one of the speed boats, was picked up in Majidun, Ikorodu; Kingsley and Tosan were later arrested.

    The suspects, he said, had confessed, adding that efforts were being intensified to arrest their fleeing accomplices.

  • INEC suspends release of NASS election result in Delta

    INEC suspends release of NASS election result in Delta

    The Independent National Electoral Commission, INEC on Monday suspended the collation of results of the National Assembly elections held in Delta Central Senatorial District of Delta state after a protest by the Labour Party in the area.

    The Returning Officer of the senatorial district, Prof Greg Okagbare, who announced the suspension, said it was occasioned by protest against the exercise noting that “Some people are not satisfied with the results that we are collating.”

    He said further: “I decided to suspend the collation till I get further directive because they said there is need for them to seek clarification and look at the basic information that led to the final figures we are collating.”

    Prior to the pronouncements, the governorship and senatorial candidates of the LP, Chief Ovadje Ogboru and Barr Ovie-Omo-Agege respectively had stormed the INEC collation center Ughelli, headquarters of Ughelli North Local Government Area to register their displeasure with alleged manipulation of the NASS election result in the district.

    It was learnt that the protest followed report that the PDP candidate, Chief ighoyota Amori had suddenly overtaken the party’s candidate who was earlier leading in over half of the eight LGAs.

    Chief Ogboru said, “We are appealing to the chairman of INEC, Prof Attahiru Jega to change all the Electoral Officers, EO in the state before the governorship elections. If the commission as the electoral umpire fails to do this, my party would decide the next line of action at the end of the day.”

    For his part, Omo-Agege said: “I am here to make sure that the right thing is done. For the collation to continue, the card reader must be interrogated, they must also produce some of the sensitive forms and they should invite all the candidates and we sit down together and we go through the ballot papers and anybody who wins, let him win, we just want the right thing to be done.”

    It was also alleged that two of PDP leaders from Ughelli North ward 2/6 were said to have taken two different results to the Electoral Officer from same wards, which they said was questioned by the Electoral Officer and protested by the agents of the Labour Party.

    However, it was gathered that the peaceful protest by the LP chieftains got out of control when security agents refused them entrance into the INEC office. When they insisted on entry, teargas was shot randomly to disperse them.

    The action of the security operatives led to pandemonium as residents and some of the protesters ran for their dear lives. But calm later returned when the duo of Ogboru and Omo-Agege were allowed inside to lodge their complaints.