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Tag: Justice Bode Rhodes-Vivour

  • Ekiti sets to implement S’Court verdict on council relocation

    The Ekiti State Government has begun moves to implement the decision of the Apex Court on Council relocation.

    The Supreme Court had in a judgment delivered by Justice Bode Rhodes-Vivour on 14th December, 2018 ordered the relocation of Ilejemeje council headquarters from Iye to Eda Oniyo ending a 19-year battle which began at the State High Court.

    The apex court held that the establishment of the headquarters of the Local Government in Eda Oniyo was backed by statute and could not be relocated elsewhere without the promulgation of a new law.

    The seven-man Committee constituted by the Ekiti State Government to examine the Supreme Court decision on Ilejemeje Local Government headquarters paid a fact-finding visit to Iye and Eda Oniyo on Monday.

    The panel chaired by the Deputy Governor, Otunba Bisi Egbeyemi, who interfaced with the people of the two communities, urged them to give peace a chance in the wake of the apex court’s verdict.

    According to a statement by his Special Assistant (Media), Odunayo Ogunmola, Egbeyemi said the panel visited the two communities to see what was on ground having received documents from both parties.

    Egbeyemi explained the visit was part of the assignment of the panel which would turn in its report to Governor Kayode Fayemi.

    The deputy governor stressed that government was interested in ensuring that peace reigns in all communities in the state appealing to indigenes of Iye and Eda Oniyo not to engage in any act that could disrupt the peace enjoyed in the State.

    READ ALSO: Ekiti employs marshals to enforce grazing law

    The deputy governor led other members of the panel to visit the present local government secretariat and the palace of the Oniye, where he met with Oba Jonathan Adeleye-Oni and community leaders including Afenifere leader, Senator Ayo Fasanmi.

    He also visited Eda Oniyo where a building that has been designated as the temporary local government secretariat and the permanent site of the council secretariat were inspected.

    The deputy governor and his team made up of panel members and officials of Ministry of Local Government and Chieftaincy Affairs were received by the Eleda of Eda Oniyo, Oba Julius Awolola.

    He said: “The Supreme Court judgment is already with us and we have seen copies sent to us. We are not judges but we are members of a committee to report back to the governor.

    “There is nothing we can say here but we will do justice and uphold the truth. Let us maintain peace because this government is for peace and development.”

    The Oniye, Oba Adeleye-Oni, described the Supreme Court verdict as a rude shock saying “Iye Ekiti has always been functioning as capital of Ilejemeje since time immemorial and even before and during the colonial era.”

    The Eleda, Oba Awolola, who said the people of his town were anxiously waiting for implementation of the Supreme Court judgment, regretted that his community had been cheated for so long.

  • Rivers APC: Supreme Court to rule on other three appeals

    The Supreme Court has suspended proceedings briefly to enable it deliver its decision in the three remaining appeals in relation to the crisis in the All Progressives Congress (APC) in Rivers State.

    A five-man panel of the court, led by Justice Bode Rhodes-Vivour rose a moment ago after taking arguments from lawyers representing parties in the three appeals on the objection filed against the appeal by Ibrahim Umah and 22 others.

    Read Also; Supreme Court dismisses APC’s appeal on Rivers election

    The appeals, which were, this morning, consolidated by the court are SC/81/2019 (another appeal filed by APC), SC/1332/2018 (by Ojukaye Flag-Amchree) and SC/1334/2018 by Tonye Patrick Cole and others).
    The court took arguments on the objection filed against SC/1332/2018 (by Ojukaye Flag-Amchree) and said its decision will cover the other two appeals.

    The court is expected to resume again any moment from now to deliver its judgment.

    Details Shortly…

  • Supreme Court decides Rivers APC’s fate Tuesday

    *To deliver judgement on Appeal Court’s decision voiding APC’s primaries
    *Strikes out Sen Abe’s appeal for stay of execution of Appeal Court’s judgment
    *Orders parties to return to Appeal Court

    Supreme Court will deliver judgements in the about six appeals by the two warring factions of the All Progressives Congress (APC) in Rivers State.

    The appeals are mainly against the decision of the Court of Appeal in Port-Harcourt, which upheld the judgment of the High Court of Rivers State which voided the primaries conducted by the faction loyal to Rotimi Amechi and the other loyal to Senator Magnus Abe.

    A five-man panel of the Supreme Court, led by Justice Bode Rhodes-Vivour scheduled judgment for Tuesday after entertaining arguments, on Monday, from lawyer to the faction loyal to Amaechi, Lateef Fagbemi (SAN) and Henry Bello, who represented the faction loyal to Abe.

    Fagbemi and Bello argued the appeal filed by the APC, in which the court said it will give judgment on Tuesday, and which will be binding on the other appeals.

    Fagbemi urged the court to void the judgement of the High Court on the ground that the trial court had no jurisdiction when it entertains the suit on which the judgment was given.

    He contended that since the trial court had no jurisdiction it’s judgement in the matter amount to a nullity and should be set aside.

    Fagbemi urged the court to invoke Section 22 of the Supreme Court Act and give final judgement to end the multiple cases arising from the rivers state APC primary election.

    Read Also: Supreme Court did not bar Rivers APC, says Senator Uchendu

    Bello, in his counter-argument, urged the apex court to dismiss the appeal of the APC on the ground that it has become a mere academic in nature in view of an earlier decision by the court.

    He contended that by the decision of the court on February 8, 2019 which upheld the order of the High Court, restraining APC in Rivers State from conducting any primary election, the current appeal by APC had died and should be buried.

    Bello told the court that the respondents, led by Ibrahim Umar, who were aggrieved by the violation of the Electoral Act and the Constitution in the manner the APC conducted its pre-election matters in Rivers, had secured a consent judgement in their favour, a judgment, he insisted, still stands.

    He urged the court that to hold instant appeal has become academic exercise.

    At the conclusion of arguments by parties, Justice Rhodes-Vivour frowned at the multiple appeals filed by both factions of the APC in Rivers on a single issue.

    He said the multiple appeals were not only time wasting they were capable of confusing the court.

    Meanwhile, the Supreme, on Monday, struck out an appeal filed by Senator Magnus Abe against the stay of execution of the judgment of the federal high court, which nullified the nomination of Tonye Cole and others as candidates the APC in Rivers State in the general election.

    The court upheld the argument by lawyer to the APC, Lateef Fagbemi (SAN).

    Fagbemi had argued that the records of proceedings at the lower court, filed by Senator Abe did not follow the rules of the Appeal Court to certify the said documents.

    Ruling Justice Rhodes-Vivour noted that only a few of pages of the records of appeal were signed.
    He said since most of the pages were not signed, it could be interpreted that they were Senator Abe’s personal documents.

    Justice Rhodes-Vivour ordered parties to the appeal back to the Court of Appeal for the determination of the substantive appeal.

    Abe had appealed an interlocutory decision of the Court of Appeal, which stayed the execution of the judgment of the High Court which nullified the primaries of the APC in Rivers State

  • CJN pegs lawyers’ court appearance

    CJN pegs lawyers’ court appearance

    The Chief Justice of Nigeria, Justice Walter Onnoghen, on Monday pegged the number of lawyers that could appear for a party in court at five, including the lead lawyer.

    Justice Onnoghen announced this shortly before the Supreme Court opened proceedings in the two appeals filed by former governorship candidate of the People’s Democratic Party (PDP) in Edo State, Osagie Ize-Iyamu.

    He said the directive was meant to curb the practice when about 100 lawyers, in most political cases, announce appearance for a party in court.

    He said: “There was a matter we had here and 106 lawyers appeared. The whole space was taken up and some lawyers had to stand and others sit on the floor. I have issued a directive, which should extend to other courts, that lawyers appearing in the Supreme Court, should not be more than five for each party, including the lead lawyers.

    “This practice consumes space and it takes take time to announce appearance. Appearance in cases have to have utility value, such appearance has to serve a purpose. I have to repeat this directive today, because I believe it was not brought to the attention of the Bar.

    A former President of the Nigerian Bar Association (NBA), Wole Olanipekun (SAN), who was in court for the Ize-Iyamu appeals, appealed to the CJN to allow 30 lawyers per party, a request another Justice of the apex court, Justice Bode Rhodes-Vivour, rejected.

  • Wife, daughter of Supreme Court Justice kidnapped

    Wife, daughter of Supreme Court Justice kidnapped

    • Driver also abducted

    • Doyin Rhodes-Vivour snatched in Edo State

    The wife, daughter and driver of Justice Bode Rhodes-Vivour of the Supreme Court were on Friday evening kidnapped on the Lagos-Benin Road.

    Mrs Adedoyin Rhodes-Vivour, a Lagos based lawyer, and the others were on their way to Benin for her daughter’s wedding scheduled for yesterday in the city.

    The names of the daughter and the driver were not immediately available as relations were reluctant to divulge information.

    The police were unhelpful either. They said they too had little information on the incident.

    The Edo State Police Command, speaking through DSP Moses Eguavoen, said the police were yet to establish where the kidnapping took place.

    “I cannot say exactly where it happened. I can’t say whether it happened in Edo State part or Ondo State. I have not been able to reach Ekiadolor and Okada Divisions to know whether it actually happened in Edo State or not. When I get the appropriate information, I shall inform you. Expect our update on the issue latest Monday.”

    Some sources said the abductors pounced on their victims at about 5pm in Edo State part of the road.

    Their whereabouts were unknown last night. The car in which they were travelling was also missing, while the kidnappers were yet to contact the Rhodes-Vivours at press time.

    Mrs Rhodes-Vivour is a member of the Lagos branch of the Nigerian Bar Association (NBA) and an arbitrator with a Lw office in Banana Island, Lagos.

    Mrs Rhodes-Vivour is the latest high profile Nigerian to be abducted in the current season of terrorism in the country.

    The Chairman of the NBA, Lagos, Mr.Taiwo O.Taiwo, said of the abduction, last night: “This is, indeed, a very sad development. It is another dimension to the security challenges of this country. If the wife of a Supreme Court Justice could just be kidnapped like that, then it portends danger for all of us in this country.”

    Penultimate Friday, elder statesman, Shettima Ali Monguno, was abducted in Maiduguri as he left mosque after Jumat prayers.

    The 92 year old former Petroleum Minister was released three days later.

    Before him was the Chairman of the Ejigbo Local Council Development Area of Lagos State, Mr. Kehinde Bamigbetan ,who was seized by gunmen on his way home from an outing.

    He was later freed.

    Foreigners are not spared. Seven of them working for a construction company in Bauchi were recently abducted and shot dead after several days in captivity.