Tag: Rivers Assembly

The Federal High Court in Port Harcourt, Rivers State, has fixed a hearing for June 28 on various motions in a case seeking the removal of Speaker Martins Amaewhule and other House of Assembly members following their widely publicized defection to the All Progressives Congress (APC).

Despite a petition by Amaewhule to Chief Judge John Tsoho requesting a transfer of the case to another court, the presiding judge, Justice Steven Dalyop Pam, decided to proceed with the hearing.

The BOOT Party and other plaintiffs, in suit number FHC/PHC/269/2024, are asking the court to declare the seats of Amaewhule and 24 other legislators vacant due to their defection from the Peoples Democratic Party (PDP) to the APC.

The suit has been ongoing since December, with both the PDP and the APC seeking to join the legal proceedings, resulting in prolonged legal battles between the parties involved.

But the court was confronted on Monday with a petition signed by Martin Amaewhule and addressed to Justice John Tsoho, seeking the reassignment of the case to another court.

Justice Pam, who read the petition in the open court, noted that the petitioner, Amaewhule, prayed to the CJ of the High Court, to stop the hearing process and transfer the case to another court.

Pam noted that the petitioner claimed in the petition that the court refused to allow other interested parties to join the suit.

But the lawyer to the BOOT party, Reuben Wanogho, told the court that the petition was aimed at arresting the ongoing case and urged the court to discountenance it.

Wanogho averred that the petition that was not served on the parties was impudent and said: “I urge your Lordship to discountenance the petition as it is targeted at arresting the proceeding.

“If your Lordship bows to this letter, then you have allowed the litigants to determine pending applications before the court even before they are heard.

“It is not part of our jurisprudence that the determination of motions for joinder will form the bases for the transfer of cases. The application is a slap to the temple of justice and all of us who are workers in that temple.”

The National Legal Adviser of the PDP, Adeyemi Ajibade, a Senior Advocate of Nigeria, insisted that there was no intention by the court to shut out anyone from joining in the suit, adding that the petition was ill-intended.

However, the lawyer to the 1st to 25th defendants in the suit, Ferdinand Orbi, a Senior Advocate of Nigeria, denied knowledge of the petition by his client.

He prayed the court to adhere to the petition and stop further proceedings if the letter was addressed to the CJ of the court.

Orbi said: “I know nothing about the petition, even though it was written by the 15th defendant. Be that as it may, my lord, if the letter is addressed to your Lordship, then there may be grounds to consider the submissions.

“If it is not addressed to you, then you have no grounds to discountenance it. It will be wise to await the decision, of the Honourable Chief Judge, of the Federal High Court to whom the letter was addressed. We don’t know if the CJ will ask you to go on or stop the hearing.”

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In response to the Judge’s, Pam’s stand that the defence had not filled counter-affidavits to the originating summon, Orbi, noted that he had yet to file affidavits on the suit, adding that he had not been served any of the motions for joinder.

Orbi said: “We haven’t filed our counter affidavit to the originating summons. However, there is a reason for that my Lord. Because at the point of filing the counter affidavit, the application for joinder came in. I am not within time to file the counter affidavit. We are not within time to file.”

But the presiding judge, Pam, noted that in the first instance, the petitioner (Amaewhule) had no motion, or counter affidavit before him and that he was not yet known in the case.

Pam in his ruling noted that the petitioner had not copied his petition on the plaintiffs, adding the court would have no other option than to discount the petition and move on with hearing of motions for joinder.

The judge adjourned till Friday, 28th June, for a hearing of pending motions.

The Court of Appeal in Port Harcourt, Rivers State, has ordered the parties involved in the ongoing House of Assembly crisis in the state to maintain status quo.

The court gave the order in a suit marked CA/PH/198/2024 instituted by  Martin Chike Amaewhule & 24 others, appellants, against Victor Oko-Jumbo and five others, defendants.

Amaewhule and others approached court seeking to vacate the Interlocutory Injunction of a High Court sitting in Port Harcourt, which recognised Oko-Jumbo as the speaker. 

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Justice Charles Wali of the State High court also ordered Amaewhule and 24 others to stop parading as speaker and lawmakers in the legislative arm of the state.

The three-member Appeal panel comprised Justice Jimi Olukayode Bada, Justice Hamma Akawu and Justice Balkisu Bello Aliyu.

The panel, whose proceeding was held through the Zoom, urged the parties involved in the matter to maintain status quo and adjourned the matter till 20th of July.

The appeal panel tasked the parties not to take any step that would affect the merit of the matter before it saying that notice of appeal be served on the defendants before the adjourned date.

Rivers State Executive Council has approved N74.9bn for various contracts out of which N19.5bn will be used to reconstruct the demolished House of Assembly auditorium.

Other contracts approved by the council were construction of Kalaibiama/Epellema Road, completion of four zonal hospitals across the state, renovation of Bonny General Hospital; renovation and upgrade of Neuropsychiatric Hospital, Rumuigbo and construction of new General Hospital at Rumuigbo in Obio/Akpor Local Government Area of the state.

A statement by the Chief Press Secretary (CPS) to the Governor, Nelson Chukwudi, said  the Kalaibiama-Epellema Road and bridge in Opobo-Nkoro Local Government Area would gulp over  N29bn while hospitals would cost N26.3bn.

The zonal Hospitals are located in Ahoada Town in Ahoada Local Government; Degema Town in Degema Local Government; Omoku Town in Ogba/Egbema/Ndoni Local Government; and Bori Town in Khana Local Government Area.

The State Government said that it decided to complete the construction of the zonal hospitals in four local government areas of the state in order to strengthen the secondary level healthcare service delivery to the people of the state.

At its meeting, presided over by Governor Siminalayi Fubara, and attended by Deputy Governor, Prof Ngozi Odu and other Council members at the Government House in Port Harcourt on Friday, the council approved the cancellation of all previous contracts awarded for the construction of the zonal hospitals.

Speaking after the meeting, the Commissioner for Health, Dr Adaeze Oreh, said the approval was sequel to the memos presented by the Ministry of Health to the State Executive Council.

 Oreh said the ministry requested for the approval of the cancellation and termination of all existing contracts for the zonal hospitals in the state, and the re-awarding of fresh contracts that would enable completion of the projects, including the renovation of the Bonny General Hospital.

 Oreh said that there was also the request for the renovation and upgrade of the Neuro-Psychiatric Hospital and the construction of a new General Hospital at Rumuigbo in Obio/Akpor Local Government Area of the state.

She said: “We are thankful to the Rivers State Executive Council that the various decisions sought and prayers that were made by the Rivers State Ministry of Health for the approval of the termination of the contracts for completion of the Zonal Hospitals at Ahoada, Bori, Degema and Omoku, and the re-award of fresh contracts for their completion were approved.

“That the request to the State Executive Council for the approval of the award of these contracts in total summed up to N26, 350, 310, 714. 88k that was approved for the completion of those Zonal Hospitals, the renovation of Bonny General Hospital and the upgrade of the Neuro-Psychiatric Hospital.

“This also included the construction of a new General Hospital at Rumuigbo, Obio/Akpor Local Government Area, which were not among those initially awarded for renovation.”

Oreh explained that the State Executive Council also approved that following the termination of the previously awarded contracts, fresh contracts should be awarded to new competent contractors who have such capacity to deliver on those projects.

Permanent Secretary of the Rivers State Ministry of Special Projects, Dr Roland Obed-Whyte, said his ministry presented two memos that requested for the award of separate contracts.

He said that the first was a request for council’s approval for the award of contract for the reconstruction and furnishing of Rivers State House of Assembly Auditorium Complex.

He said: “This contract has been awarded to Monier Construction Company Nigeria Limited (MCC) at the cost of N19, 566, 621, 284. 24 kobo with completion duration of nine months.

He said: “This Rivers State House of Assembly Building Complex is made up of about 34 ensuite offices, two storey building with elevator, gallery, meeting rooms and conference hall.

“It also includes the renovation and refurbishing of other existing structures within the House of Assembly Complex. It also includes the provision of ambulance and other external works.”

Dr. Obed-Whyte explained that by the time the work on the Rivers State House of Assembly building is completed, it will turn out to be one of the very best Assembly complexes in the country.

Also, Dr Obed-Whyte said the second memo that was presented to the State Executive Council requested for the approval of the contract for the award of the construction of the 5.75 Km long Kalaibiama-Epellema Road, with a 450 meters length of bridge and carriageway of 10.3 meters with solar lights.

He said, “It is awarded to Monier Construction Company Nigeria Limited (MCC) at the cost N29, 035, 907, 233.76 kobo with a completion duration of 12 months.

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“Again, in these two contracts, 30 percent mobilization is to be paid as an advance payment. We believe strongly that when that road is completed, it will connect over four or five communities within that axis, and the issue of boat mishap and its attendant problems that riverine transportation faces will be a thing of the past.”

Dr Obed-Whyte said the Governor is determined with his mantra of “Rivers First” to open up the coastal areas with what he is doing on the Trans-Kalabari Road project, adding that with this project in the Opobo axis, the people will be the greatest beneficiaries.

In her presentation, the acting Director General of Rivers State Bureau for Public Procurement (RSBOPP), Engr Ine Briggs, said due diligence has been done by the agency in scrutinising the projects and the cost efficiency, adding that after dur diligence was conducted, the agancy issued certificates of no objection to each of the projects.

She said, “The consideration of all these projects approved today by the Rivers State Executive Council, the Bureau is glad to inform the general public that it has duly carried out its regulatory function in ensuring that value for money has been met, economy has been met, fitness for purpose has been met in defending the stakeholders’ position in expenditure of fund from the State.

“So, the Bureau has issued a certificate of no objection for the two projects from the Ministry of Special Projects and the projects for the Ministry of Health.

“The Bureau wants to assure the public that it will carry out its oversight functions at ensuring that quality specifications as enshrined in the approvals, would be met, and the people will feel their government, and that is our assurance as a regulatory body.”

Lawmaker representing Idemili North and South Federal Constituency of Anambra State,  Uche Harris Okonkwo, has told the 27 lawmakers of the Rivers State House of Assembly, elected on the platform of  the Peoples Democratic Party (PDP) but has since  defected to the All Progressives Congress, APC, to resign  as members of the  Assembly.

Okonkwo  said they should take on a new role  in APC as ordinary party members.

He said: “The poor script emanating from the defected  Rivers State Assembly members  is a grievous new level of assault on the integrity of our democracy and operational sanctity of our constitution.

“The intent of the law is always clear from the letters of it, and never endorsed that, less than a year of swearing an oath to defend the Constitution as  members of the hallowed legislature of your state, you can carry the trophy of the party that gave you their ticket to donate to another party arbitrarily and selfishly, without consequences.

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“Honour should have supremacy over bravado, and politicians should stop increasing the poverty of honour in the corridors of politics and leadership, if we truly wish this country well. Therefore, my simple reading of it is that, If those legislators suddenly became so lovestruck by APC attraction, so be it, bu  certainly not with what belonged to another. That victory was for PDP  and it’s amazing how so much drama is being invested to polish a bad conduct that ordinarily should be scorned.

“Just the other day too,  about five Labour Party legislators stealthily defected to PDP, as part of a desperate trade off to donate Majority House to the Governor and his party, PDP.

“That is how easy bad conduct spreads. Leaders should be careful before citizens are fed up, because the excessive executive manipulation of situations which most times, lacks no art nor sense, is a tragic slur in our current longest democracy experience that has enjoyed 25 unbroken years.

“That’s a real dark alley in our body politics, which we should all unite  by conversion or practice, to clean, rinse and shine. If we ever hope to earn and appreciate what we profess and aspire to, respect to our constitution and obedience to the rule of law is not negotiable.”

In another daring move, the Rivers Assembly at its 127th sitting passed a bill for a law to amend the Rivers State Public Procurement (Amendment) Law No.1  of 2021 and other related matters. 

The House in a statement signed by the Special Adviser, Media, to the Speaker, Martin Wachukwu, passed the Bill after extensive debate and legislative scrutiny. 

The sponsor of the bill,  Lemchi Nyeche, who represents  Ikwerre Constituency, argued that it was designed to delete Section 3 of 2021 amendment Law to ensure that mobilization fee of not more than 20 per cent of any contract sum is paid to suppliers or contractors, supported by  a contract performance bond. 

Other members were said to have applauded the bill, saying that when passed into law it would curb reckless and arbitrary payment of mobilisation fee in government contracts.

They added  that 20 per cent was enough for any serious government contractor to mobilise to site and commence work. 

Commenting on the Bill,  Speaker Martin Chike Amaewhule, emphasised the importance of the passage of the  bill, saying it would engender probity and accountability in the payment of mobilisation fee in the state.

Amaewhule described the situation where one man was given the latitude to give even 100 per cent of the contract sum in the name of mobilisation as absurd.

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He also condemned the refusal of the Governor to  appoint Chairman and members of the Board of the Bureau for Public Procurement.

He hinted that the appointment of an Acting Director-General of the Bureau for Public Procurement was not known to the Law establishing the Bureau insisting that such appointment would not stand.

The House was said to have  resolved into the Committee of the Whole and gave the bill clause by clause consideration before reverting to Plenary to pass the bill. 

The speaker thanked members of the House for their commitment to the peace and development of the State despite operating in  challenging circumstances.