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Tag: Emeka Ihedioha

  • Tambuwal, Ihedioha: His death great loss

    Tambuwal, Ihedioha: His death great loss

    The death of renowned jurist, Justice Chukwudifu Oputa, is a great loss to Nigeria, House of Representatives Speaker Aminu Waziri Tambuwal and his deputy, Emeka Ihedioha, have said.

    In a statement in Abuja by his Special Adviser on Media and Public Affairs, Malam Imam Imam, the Speaker said the deceased distinguished himself in his public and private lives.

    Tambuwal described the late Justice Oputa as the father of Criminal Justice law in the country.

    “He was an articulate jurist and the master of the rules. If you call him the father of Criminal Justice law in Nigeria, you won’t be wrong. For me, whenever matters of procedural and substantive law are mentioned, his name will come tops. He was never a concurist but a resolute and independent-minded justice who elevated the defence of democracy, human rights and rule of law to an art. We will all miss him,” he said.

    The Speaker prayed Almighty God to give the his family, associates and Nigerians the fortitude to bear the irreparable loss.

    Ihedioha, in a statement, described the late retired Supreme Court jurist as a legal giant who bestrode the Nigerian jurisprudence as a colossus.

    He said renowned jurist was a judicial activist who used his deep knowledge of the law to ensure social justice and the reformation of the Nigerian society.

  • House of Reps, Tambuwal, Ihedioha appeal judgment against defecting lawmakers

    House of Reps, Tambuwal, Ihedioha appeal judgment against defecting lawmakers

    THE House of Representatives, its Speaker, Aminu Tambuwal and Deputy Speaker, Emeka Ihedioha, have appealed Monday’s judgment by Justice Adeniyi Ademola of the Federal High Court, Abuja restraining defecting members of the House from altering the current composition of its leadership.

    In a notice of appeal filed in Abuja yesterday by their lawyer, Mahmud Magaji (SAN), the three appellants faulted Justice Ademola’s reasoning and urged the Court of Appeal, Abuja to set aside the judgment.

    The judgment was on a suit marked: FHC/ABJ/CS/4/14, filed by the Peoples Democratic Party (PDP) against the House of Representatives, its principal officers and members of the House, who defected from the party to the opposition All Progressives Congress (APC).

    The appellants, who raised seven grounds of appeal, with a promise to add more, argued that the judgment is “perverse and not supported by the reliefs sought by the plaintiff.”

    They added that the judge “erred in law when he granted reliefs not sought by the plaintiff.”

    The appellants contended that the judgment “is against the weight of evidence.” And that he erred “when he granted the reliefs sought by the plaintiff and “went further to hold that the 1st to 39th respondents ought to have resigned their seats as members of the 1st appellant.

    They argued that the judge erred when he held that the reliefs of the 1st respondent (PDP) were justiciable and proceeded to grant the reliefs sought without considering the provision of Section 30 of the Legislative Houses (Powers and Privileges) Act Cap L12 Law of the Federation of Nigeria 2004.

    The section provides that “neither the President nor the Speaker as the case may be, of a legislative house shall be subjected to the jurisdiction of any court in respect of the exercise of any power conferred on or vested in him by or under this Act or the standing orders of the Constitution.”

    The appellants argued that the judge wrongly assumed jurisdiction over the suit, which was predicated on the internal affairs of the House of Reps, which is protected under Section 60 of the Constitution. They further argued that the reliefs sought by the PDP were not justiciable, yet the judge proceeded to grant the reliefs.

    They contended that the PDP lacked the locus standi to institute the case because it was not predicated on any recognised legal interest; the reliefs sought were not supported by any legal evidence and that the judge failed to reckon with the Supreme Court’s decision in the case of Fawehinmi vs Akilu (1987) 12 SC 136, Amaechi vs INEC (2008)1 LRECN 1.

    The appellants faulted the judge for holding that the suit was rightly commenced with originating summons, without regard to the provision of Order 3 Rule 6 of the Federal High Court Civil Procedure Rules 2009.

    They argued that the judge was wrong to have held that the claims of the PDP do not amount to an abuse of court process when there are similar cases, involving the same parties, still pending before the court.

    They referred to suit number FHC/ABJ/CS/621/2013 between Senator Bello Hayato Gwazo and 79 others vs Alhaji Bamaga Tukur and four others and argued that the parties and reliefs sought were similar with that on which the judge gave judgment.

     

  • Tambuwal, Ihedioha appeal judgment against defecting lawmakers

    Tambuwal, Ihedioha appeal judgment against defecting lawmakers

    The House of Representatives, its Speaker, Aminu Tambuwal and Deputy Speaker Emeka Ihedioha have appealed Monday’s judgment by Justice Adeniyi Ademola of the Federal High Court, restraining some defecting members of the House from altering the composition of its leadership.

    In a notice of appeal filed in Abuja yesterday by their lawyer, Mahmud Magaji (SAN), the three appellants faulted Justice Ademola’s reasoning and urged the Court of Appeal, Abuja to set aside the judgment.

    The judgment was on a suit marked: FHC/ABJ/CS/4/14 filed by the People’s Democratic Party (PDP) against the House, its principal officers and members of the House, who defected from the Peoples Democratic Party (PDP) to the opposition All Progressives Congress (APC).

    The appellants, who raised seven grounds of appeal, with a promise to add more, argued that the judgment is “perverse, not supported by the reliefs sought by the plaintiff”. They added that the trial judge “erred in law when he granted reliefs not sought by the plaintiff”.

    The appellants contended that the judgment “is against the weight of evidence” and that Justice Ademola erred “when he granted the reliefs sought by the plaintiff and “went further to hold that the 1st to 39th respondents ought to have resigned their seats as members of the 1st appellant.

    They argued that the judge erred when he held that the reliefs of the 1st respondent (PDP) were justiciable and proceeded to grant the reliefs sought without considering the provision of Section 30 of the Legislative Houses (Powers and Privileges) Act Cap L12 Law of the Federation of Nigeria 2004.

    The section provides that “neither the President nor the Speaker, as the case may be, of a legislative house shall be subjected to the jurisdiction of any court in respect of the exercise of any power conferred on or vested in him by or under this Act or the standing orders of the Constitution”.

    The appellants argued that trial judge wrongly assumed jurisdiction over the suit, which was predicated on the internal affairs of the House, which is protected under Section 60 of the Constitution. They said the reliefs sought by the PDP were not justiciable, yet the trial judge proceeded to grant them.

    They contended that the PDP lacks the locus standi to institute the case because it was not predicated on any recognised legal interest; the reliefs sought were not supported by any legal evidence and that the judge failed to reckon with the Supreme Court’s decision in the case of Fawehinmi vs Akilu (1987) 12 SC 136, Amaechi vs INEC (2008)1 LRECN 1.

    The appellants faulted the trial judge for holding that the suit was rightly commenced with originating summons, without regard to the provision of Order 3 Rule 6 of the Federal High Court Civil Procedure Rules 2009.

    They also argued that Justice Ademola was wrong to have held that the claims of the PDP do not amount to an abuse of court process when there are similar cases involving the same parties, still pending before the court.

    They referred to the suit between Senator Bello Hayato Gwazo and 79 others vs Alhaji Bamaga Tukur and four others and argued that the parties and reliefs sought were similar with those on which the judge gave judgment.

     

  • Reps to establish Tax Board for FCT

    Reps to establish Tax Board for FCT

    The House of Representatives is to establish a Federal Capital Territory(FCT) Internal Revenue Service for Abuja.

    This followed the partial consideration of the report of a bill sponsored by a member, Hon. Emmanuel Jime (APC-Benue), who is also the Chairman, House Committee on FCT.

    When fully established, the Revenue Board will have the powers to assess, collect and account for revenues due to the FCT.

    Yesterday, 14 clauses of the report were considered by the House, in a session presided over by the Deputy Speaker, Hon. Emeka Ihedioha.

    Further consideration of the report continues today.

     

    The consideration and passage of clauses 1 to 14 of the Bill was smooth except for a controversy over Clause 15 of the report on the Bill which was opposed by the Deputy Leader of the House, Hon. Leo Ogor(PDP, Delta).

     

    According to him, the clause if passed, will violate sections 80 and 120 o?f the constitution.

     

    Clause 1 of the Bill states that: “There is established a body to be known as the Federal Capital Territory Internal Revenue Service (in this Bill referred to as “the Service”).

     

    Clause 2 states: “the object of the service shall be to control and administer the different taxes and laws specified in the First Schedule or other laws made or to be made from time to time by the National Assembly or other regulations made there under by the Government of the Federation and to account for all taxes collected”.

     

    For the Board, the Bill proposes an experienced Chairman, Directors of Treasury, Legal Services, Lands, Planing and Survey, Area Council and Abuja Infrastructure and Investment Company who shall be appointed by the Minister of the FCT.

     

    ? A four-year tenure for the Chairman and other members of the Board was proposed in Clause 4 of the Bill.

     

    ?The clause 15 opposed by Ogor reads:

     

    “The Board shall establish and maintain a fund to be applied towards the discharge of its functions which shall consist of and to which shall credit (1) an amount not more than 10% of all revenue collected by the Service in the Preceding Year as administrative charge or cost of collected; all other moneys which may, from time to time, accrue to the Board for other services including the disposal, lease or hire of any other dealing with, any property vest in or acquired by the Board”.

     

    The lawmaker while explaining his stance said that by the provisions of sections 80 as it regards the federation and 120 as it regards States(FCT being in the category of the latter), all revenue generated by agencies must go to the Consolidated Revenue Fund, before any sum is drawn from the account on the recommendation of a State House of Assembly or the National Assembly.

    ?

    Drawing a percentage from the revenue generated from taxes to pay a tax consultant, as the piece of legislations intends, he said, would offend the constitution.

     

    FCT Committee Chairman, Hon. Jime however argued that the decision to establish the board was in line with the practice in all other States of the Federation.

     

    The 10 percent that would be paid administrative fee to a consultant would be from the amount generated before being deposited in government coffers and not be drawn from the consolidated revenue fund, he explained.

     

    According to Jime, agencies like Nigeria Customs Service, Federal Inland Revenue Service and several other agencies of government were using the same method for their tax regimes.

     

    At the end of yesterday’s deliberation, amendments were made to avoid the offending sections 80(1), section 120(1) and (2) and section 162(1) of the 1999 Constitution,

     

    END.

     

    NPA MD begs Senators, set to boost revenue

    BY OLUWAKEMI DAUDA

     

    The Managing Director Nigerian Ports Authority (NPA) Mallam Hanib Abdullahi has apologized to members of the Senate committee on Marine Transport for his failure to receive them when the committee visited his office last month to carry out their oversight function at the agency.

     

    Speaking during the repeated oversight working visit of members of the committee to NPA yesterday, Abdullahi explained that his inability to receive them last time, was based on circumstances beyond his control and not a deliberate attempt to ridicule the Upper House.

     

    He said what took him out of his station on the aforesaid date was an emergency call to boost NPA’s revenue as self sustaining government agency.

     

    Speaking on behalf of other committee members, its Chairman Senator Zaynab Kure said they were happy that MD apologized saying that her members saw it as an inadvertent error which has since been corrected.

     

    Briefing the committee on the activity of his agency, Abdullahi said NPA is set to boost its marine operations as part of its determination to be the leading port in the West Africa sub- region and generate more revenue for the country.

     

    Speaking during the oversight working visit of members of the Senate committee on Marine Transport, its Managing Director Mallam Babib Abdullahi said their efforts are anchored on the need to deliver an efficient port service in a safe and customer friendly environment.

     

    The NPA boss told the senators that despite the increase in the level of efficiency at the port, the management is working to tap its potentials to make it perform optimally.

     

    NPA, Abdullahi said, has decided to pay attention to the existing port infrastructure in the area of rehabilitating of port quay walls and aprons; deepening of the Channels, upgrading and renovation of common user facilities, wrecks removal to ensure efficiency of the port and meeting the expectations of the stakeholders and port users.

     

    He said large vessels of above 232,33 meters with capacity to carry 4,500 TEUS requiring draught of 13,5 meters have started visiting the ports.

     

    In the last six years, he said, the activities of the terminal operators have positive effect on port operation and boost efficiency.

     

    The terminal operators, Abdullahi said, have added value to their areas of operations by providing monthly and quarterly update information in their terminals and acquisition of state of the art cargo handling equipment to reduce cargo dwell time.

     

     

     

     

     

     

     

     

     

  • Ihedioha seeks UN’s financial support for elections

    Ihedioha seeks UN’s financial support for elections

    The Deputy Speaker of the House of Representatives, Emeka Ihedioha, has urged the United Nations to financially support the 2015 elections.

    Ihedioha, who spoke when a delegation of the United Nations Department of Political Affairs visited the House, said the funds would enable the Independent National Electoral Commission (INEC) to successfully conduct the poll.

    The UN delegation visit, led by Mr. Tadjoudine Ali-Diabacte, Deputy Director, UN’s Department of Political Affairs (Electoral Assistance Division), was not unconnected with the coming elections.

    The Deputy Speaker, while observing that the estimate of INEC in the 2014 budget for the conduct of elections in 2014 and 2015 was inadequate, called on the UN to aid INEC financially to enable the electoral body conduct free and fair elections.

    His words: “The budgetary recommendation made by the INEC Chairman, Prof. Attahiru Jega, appears insufficient. Therefore the request made by the INEC chairman for UN’s financial request is in order. We would appreciate UN’s financial assistance towards boosting our electoral process.”

    Ihedioha said the House Constitution Review Panel reviewed Section 202 of the constitution, thereby transferring the power to conduct local government elections from the State Independent Electoral Commission to INEC, to deepen democracy and ensure that council elections are conducted in a fair and free manner.

     

    He sought UN assistance towards ensuring an improvement in the nation’s electoral process, stability of the polity and consolidation of democracy.

    Ali-Diabacte said their visit was based on the need to get parliamentary input on how UN would assist the country to ensure a better election next year, based on the request made by INEC and Jega.

    He said the UN was ready to support next year’s election, adding that the success of democracy in Nigeria would affect other African nations positively.

     

  • Mark, Ihedioha urge African nations to assist Nigeria fight insurgency

    Mark, Ihedioha urge African nations to assist Nigeria fight insurgency

    SEnate President David Mark yesterday urged African countries to collaborate with Nigeria in the fight against insurgents in some states in the Northern part of the country.

    Mark spoke with reporters at the on-going 130th Inter-Parliamentary Union (IPU) conference in Geneva, Switzerland.

    He said the fight against terrorism had grown beyond the confines of a single nation which obviously demanded the collaboration of all nations to combat.

    The senate president said only peace and democracy would promote security in the land.

    He said all emphasis should be on democracy and global peace that would facilitate development.

    Mark said if all nations cooperate to fight insurgency, the perpetrators would have no hiding place.

    He said delegates to the Assembly were getting perspectives of other nations and how some of them solved similar problems in their domains.

    In a remark, the Deputy Speaker, House of Representatives, Emeka Ihedioha, said the growing insurgency was threatening and undermining the peace of the nation.

    He said; “all hands must be on deck to end the menace.”

    Ihedioha urged neighbouring African countries to support Nigeria to resolve this intractable issue of Boko Haram.

    Ihedioha said; “after the Nigerian civil war ended, never have we had our stability distracted as we have now.

    “We urge countries like Mali, Cameroun, Niger and other neighbouring countries to join forces to find solution to the problems,” he said.

    Ihedioha believed that the insurgents ravaging Nigeria were not only Nigerian citizens,  hence the cooperation of other countries had become necessary.

    Mark, who is leading the Nigerian delegation, will address the IPU at plenary, on peace and the way insurgency is being tackled in the country on Tuesday

     

     

  • Okorocha to Ihedioha: Join APC now and save your job

    Okorocha to Ihedioha: Join APC now and save your job

    Governor Rochas Okorocha of Imo State yesterday advised the Deputy Speaker of the House of Representatives, Chief Emeka Ihedioha, to dump the Peoples Democratic Party (PDP) for the All Progressives Congress (APC) to enable him retain his position in the House.

    The governor who was addressing Southeast leaders of the APC at the Ahajioku Convention Centre in Owerri, the state capital, said that the party would assume leadership of the House of Representatives once it resumes from recess this week.

    Ihedioha is from Imo State.

    The governor said: “I have advised my brother, the deputy Speaker of the House of Representatives, Emeka Ihedioha, to move and join the APC to retain his position for the Ndigbo. I don’t care who occupies the position so long as he is an Igbo man. I have said and will continue to say that APC is the best option for Ndigbo and we must embrace it.”

    Okorocha also said that former President Olusegun Obasanjo, former Head of State, Ibrahim Babangida, and other past leaders of the country are in full support of the APC.

    He said that they are all impressed by the performance of the APC and are watching political development in the country.

    Okorocha also slammed political leaders from Anambra State, accusing them of sabotaging the efforts of Ndigbo in producing the country’s president.

    He said: “Anambra is the major problem of Ndigbo. At every election, some leaders from Anambra will go behind the zone and collect money and contracts from the federal government and sell out Ndigbo for their selfish ends. But we must resist them now.”In APC Ndigbo must produce either the vice president or the president or the other way round in 2015 but we must be united to achieve this. We must work together as a crop of new leaders to move Ndigbo forward unlike what happened in the past when Igbo leaders were not united.”

     

  • Defections: PDP sues Tambuwal

    Defections: PDP sues Tambuwal

    •Speaker to court: dismiss case

    In what seems a pre-emptive move, the Peoples Democratic Party (PDP) has asked a Federal High Court in Abuja to restrain the House of Representatives from altering the composition of its leadership.

    PDP, in a suit it filed on January 7, urged the court to, among others, restrain House of Representatives’ Speaker Aminu Tambuwal, other principal officers and defecting members from taking any step “to alter or change the leadership of the first defendant (PDP).”

    The suit has the House, its Speaker, the Deputy Speaker Emeka Ihedioha and other principal officers and former PDP members, who defected to the All Progressives Congress (APC), as defendants.

    An officer of the PDP, Nanchang Ndam, said in a supporting affidavit that while the defection of some of the defendants was still a subject of litigation before Justice Mohammed, the defendants, particularly the Minority Leader, Femi Gbajabiamila, have issued threats to change the leadership of the House.

    PDP also urged the court to declare that the defecting lawmakers, who are plaintiffs in the earlier suit before Justice Ahmed Mohammed of the same court, “are not competent to sponsor, contribute or vote on any motion calling for the removal or change in the leadership of the House or the removal of any principal officers of the House.”

    It prayed the court for an order of perpetual injunction restraining the defendants from altering or changing the House’s leadership.

    The PDP equally filed an application for interlocutory injunction restraining the defendants from altering the leadership of the House pendinga the determination of the substantive suit.

    One of the defendants’ lawyers, Sebastine Hon (SAN), has urged the court to strike out the suit for want of jurisdiction.

    In a notice of preliminary objection he filed yesterday for the 11th to 30th defendants, Hon claimed that the plaintiff lacked the locus standi to institute the suit; that the suit is not justiceable; that the court lacked the jurisdiction to dabble in the internal affairs of the House, and that the case amounts to an academic or hypothetical exercise.

    He also filed a counter-affidavit to the plaintiff’s application for interlocutory injunction, challenging the competence of the application.

    Last Friday, Justice Adeniyi Ademola refused an ex-parte application by the PDP, in which it sought to restrain the defendants from among others, altering the House’s leadership. He ordered the party to put the defendants on notice and adjourned till yesterday.

    When the parties returned to court yesterday, defendants’ lawyers, Mohammud Magaji (SAN), James Ocholi (SAN) and Eric Apia objected to the move by the plaintiff’s lawyer, Yunus Usman (SAN), to argue his application for interlocutory injunction.

    The lawyers argued that they were served last Friday and were entitled to 48 hours to reply. They sought for time to respond.

    Justice Ademola granted the defendants’ request. He gave them up to January 16 to file their responses and serve the plaintiff. He adjourned the matter till January 20 for hearing of the application for interlocutory injunction.

  • House: no plan to sack Deputy Speaker Ihedioha

    House: no plan to sack Deputy Speaker Ihedioha

    The House of Representatives has said there is no truth in reports that the All Peoples Congress (APC) wants to remove Deputy Speaker Emeka Ihedioha on resumption from the Christmas/New Year break.

    Minority Leader Femi Gbajabiamila, who was reported to be preparing to take over as deputy speaker, has distanced himself from such plan.

    In a statement yesterday by his Personal Research Assistant, Wasiu Olanrewaju-Smart, the Minority leader emphasised that he remained focused on his legislative duties.

    The lawmaker said issues about offices were left to the House as an institution.

    He, however, said Aminu Tambuwal would remain speaker, even if the APC took over the leadership of the House.

    The statement reads: “Gbajabiamila remains focused on his legislative work and has repeatedly said the issue of offices will be resolved by the House as an institution as it is done in other legislatures all over the world. What to him is sancrosanct is that the Office of  the Speaker remains intact.”

    On the purported moves to unseat the deputy speaker, the House has said it had no plan to do such to Ihedioha.

    The House explained that constitutional procedures would be adhered to as the APC prepare to officially take over the leadership of the House.

    The Deputy Chairman, House Committee on Information and Public Affairs, Victor Afam Ogene (APGA, Anambra), described the reports as a deliberate attempt to cause crisis in the House.

    Referring to House rules and the constitution, Ogene said the deputy speaker could only be removed through resignation, impeachment or death.

    According to him, a change in the majority party in the House cannot cause the officer to lose his seat.

    The lawmaker also noted that Ihedioha could retain his seat even he was not a member of the majority party.

    Ogene said: ”Resignation, death or impeachment are the only ways a vacancy can occur in the Office of the Speaker, Deputy Speaker or any other principal officer’s position.”

    The lawmaker cited Order 7 (2) of the House Rules, which states that while those of the majority leadership come from the party with majority members, the minority parties nominate Minority leader, Minority Whip, Deputy Minority Leader and deputy minority whip.

    For a vacancy to occur among presiding officers, like the speaker and deputy speaker, Ogene said the person has to resign or be impeached by two-thirds of members, that is 240 members,

    He said: “The report that the Deputy Speaker will be removed when we resume is the handiwork of fifth columnists, who are trying to cause a crisis among members before resumption.

    “People should not forget that besides political affiliations, we all belong to a group called ‘House Project’, which saw to the emergence of the current House leadership. What will happen is a seamless transfer.

    “As soon as the party with the majority members notifies the speaker that its has the majority, which is the APC, the speaker crosschecks with the House clerk and the change is immediate.”

  • ‘Nigeria’ll miss his contributions’

    House of Representatives Deputy Speaker Emeka Ihedioha has said the death of former Chief of General Staff (CGS), Vice Admiral Mike Akhigbe, will leave a big vacuum in the political development of Nigeria.

    Ihedioha said the nation would also miss Akhigbe’s knowledge, experience, statesmanship and contributions to national development.

    In a statement by his Chief Press Secretary, Oke Epia, the deputy speaker said the death of the erstwhile CGS occurred at a time of sober national evaluation, “where the intellectual resources and contributions of all statesmen and senior citizens, like the late Akhigbe, would be immensely useful in moving the country forward”.

    Though saddened by the demise, he urged the people to cheer up because “death is an inevitable occurrence which can visit anyone without notice”.

    Ihedioha prayed God to grant the soul of the departed a warm reception and grant his family the fortitude to bear the loss.