How the Appeal court confirms Nwoye as PDP guber candidate

 

The Court of Appeal, sitting in Port Harcourt, Rivers State, has upturned the Federal High Court ruling of September 17, 2013, which ordered the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC), to recognise Nicholas Ukachukwu, as the legitimate candidate for the November 16, 2013 governorship election in Anambra State.

It, therefore, declared Tony Nwoye, as the authentic PDP candidate in the election in the state.

Delivering judgment on the appeal filed by counsels to Nwoye, challenging decision of the Federal High Court in Port Harcourt, the three justices of the Court of Appeal, unanimously held that the Federal High Court overstepped its bounds in the PDP internal affairs in the state.

The presiding Judge, Justice Ejembi Eko, held that the provisions of the Electoral Act guidelines, as canvassed by Ukachukwu, was made in error, as he adequately participated in the primaries that produced Nwoye, as the candidate.

Eko further held that though the legality of the provisions of the Electoral Act was not challenged in the appeal, the issues brought before the Federal High Court was an internal party affairs and not matters for determination in the courts.

According to Justice Eko, the essence of the Electoral Act was not for contestants to go to court and upturn outcome of primary elections but to correct any deficiency.

The judge also held that the electoral screening committee had screened and resolved all issues, relating to tax-papers of Nwoye, which was why he was cleared.

The lead judge, therefore, faulted the attempt by Ukachukwu to disqualify Nwoye and make himself the party flag bearer.

He further held that the Federal High Court had no jurisdiction to entertain the matter, as issues of candidature of a party were only decided by such party.

The judges, therefore, upturned all the orders made by the Federal High Court, including the interim and interlocutory injunctions and the originating summons, adding that the judgment was entered in error.

Justice Eko, further awarded N20, 000 for each of the two appeals in favour of Nwoye.

Speaking to newsmen shortly after the judgment, counsel to Ukachukwu, Prince Nwafor Orizu, argued that the judgment was not complete and the appellant did not specifically ask the court to order INEC to put Nwoye’s name in the ballot box.

Orizu said judgment, at any level in court, was correct until otherwise decided by a High Court.

He stated further that they would appeal the judgment, arguing that the candidature of the PDP was not yet settled.

Also, counsel to Nwoye, Mr. Clems Ike Ezika, lauded the judgment of the Appeal Court, saying with the pronouncement, Nwoye was now the authentic candidate of the party in Anambra State.

Also, counsel to INEC, Tochukwu Nweke, said the commission had a duty to obey the order of court and as such would put Nwoye’s name, as the candidate for the governorship elections.

Sun

N255M ARMOURED CARS: JONATHAN PROBES ODUAH •Sets up 3-man administrative panel

 

PRESIDENT Goodluck Jonathan, on Wednesday, bowed to pressure to probe the purchase of two BMW armoured cars, reportedly cost about N255 million, by Minister of Aviation, Ms Stella Oduah, to determine whether or not it followed due process.

Towards this, he set up a three-man administrative panel headed by the immediate past Head of Service, Alhaji Isa Bello, with the National Security Adviser, Colonel Sambo Dasuki and Air Vice Marshal Dick Iruenebere (retd) as members.

Apart from determining whether or not due process was followed in the procurement of the said vehicles, the panel’s assignment was also to determine the purpose for which they were procured, among other issues.

The panel has two weeks to submit its report.

Special Adviser to the President on Media and Publicity, Dr Reuben Abati, revealed this while briefing State House correspondents after the regular meeting of the Federal Executive Council (FEC) at the Presidential Villa, Abuja.

Abati disclosed that following media reports on the car purchase scandal, the president had taken the initial step of asking the minister for explanations, before deciding to raise the administrative panel.

“President Goodluck Jonathan has taken the initial step of asking the Minister of Aviation, Stella Oduah, for explanations and that is in public domain and so it will not be right to say that the president is not well seized of the matter.

“But also, President Jonathan has, today, taken a step further and you (State House correspondents) will probably be the first set of Nigerians to hear this, by setting up a three-man administrative panel of inquiry to investigate the matter,” he said.

According to the presidential spokesman, “this panel has the assignment to investigate whether or not the procurement process with regards to this armoured vehicles followed due process.

“This three-man panel is also to find out the purpose to which the vehicles were procured and then to inquire into any other incidental matters.

“The secretariat of the panel, which is expected to submit its reports within two weeks, will be provided by the office the NSA.”

Abati expressed Jonathan’s avowed determination to ensure no public officer, no matter how highly placed, was shielded or exempted from inquiry over any infraction.

“Let me assure you that President Jonathan will like to assure the general public that nobody, no matter how highly placed, will be shielded or exempted from this inquiry that he has directed and that appropriate action will be taken against any person or persons who maybe found guilty of misconduct or misappropriation of public funds, either in this respect or in any other,” he said.

When asked if the minister would remain in office during the course of the investigation, Abati said “well, I have just announced to you what I was asked that a panel of inquiry has been set up. This panel will address all the relevant questions and advise the president accordingly within two weeks.”

The president’s aide had earlier given a report on the 38th General Assembly of International Civil Aviation Organisation (ICAO) holding in November and the unanimous endorsement of the country as a sole candidate for the presidency of the organisation.

“When the election is conducted and the candidacy of Dr Olumuyiwa Babatunde Aliyu is rectified, he will become the first African, first Nigerian president of ICAO, a major positive for Nigeria,” he stated.

Police arrest Melaye over anti-Oduah protest
A former member of the House of Representatives and Executive Director, Anti-Corruption Network, Dino Melaye, was, on Wednesday, arrested by the Nigerian Police during a protest at the Federal Secretariat in Abuja.

Melaye, who led a group of protesters to the Federal Secretariat, Abuja, around noon on Wednesday, called for the sack of the minister of aviation over the alleged purchase of two BMW armoured cars at the cost of 255 million by the Nigerian Civil Aviation Authority (NCAA).

The protesters, led by the members of Anti-Corruption Network, were initially prevented by the police from gaining entrance to the building at the secretariat, housing the Aviation Ministry.

The situation turned awry as another group emerged to stage a counter-protest to drum up support for the minister, which almost resulted in a fracas but for the timely intervention of the police.

The police, led by an Assistant Commissioner of Police in the Federal Capital Territory (FCT), Sunday Olukoya, arrived at the scene and promptly ordered his men to disperse the protesters, after efforts to stop the protest failed.

The police initially arrested the coaster bus that was to convey the Melaye’s group, saying it had obstructed traffic, but Melaye insisted that the police should arrest him instead of members of the group.

He was, therefore, arrested and taken away in a Toyota Hilux van, marked NPS 21280 at about 1.00 p.m, while other members of the anti-corruption group were released.

The protesters had stormed the secretariat with placards bearing various inscriptions, demanding for the immediate sack of the aviation minister over her alleged role in the armoured cars saga.

While the protest was on, another set of group were chanting “Stella must stay,” while Melaye-led group was chanting “Stella must go.”
Meanwhile, before his arrest, Melaye had said “we are saying the president must sack the minister.”

However, all efforts to speak with the Assistant Commissioner of Police, who led the arrest, failed.

We only approved 27 utility vehicles, not 2 BMW armoured cars —Reps spokesman
Chairman, House of Representatives Committee on Media and Public Affairs, Honourable Zakari Mohammed, on Wednesday, said  the Committee on Aviation only approved about 27 utility vehicles for  the NCAA in the 2013 budget, not two BMW bulletproof cars as reportedly claimed by the agency.

The spokesperson, in a telephone interview with the Nigerian Tribune, added during the budget defence, NCAA had made request for the purchase of armoured vehicles, a request the  committee turned down.

According to him, “during the 2013 budget defence, NCAA requested for the purchase of security and armoured vehicles, but the committee rejected it.

“It was after that the NCAA made another request for the purchase of utility vehicles without specification and numbers of such vehicles, and we had to ask them (NCAA) to go back and itemise the utility vehicles they wanted to purchase.

“When they returned, they listed Hiluxes, Corrollas as utility vehicles they wanted for their operations and, of course, it was approved.

“So those utility vehicles are in the list, they are about 27 items, that was what we approved. The BMW is not there. It is not security vehicles. What we approved is utility vehicles. That is the issue, that cannot be said to be the same approval.”

Tribune