Law
Again, Edwin Clark Urges Constitutional Compliance in Rivers Political Crisis
**Insists, defection by 27 lawmakers disqualifies them as members of Rivers House of Assembly
Niger Delta elder statesman and leader, Chief Edwin Clark, has expressed his deep concern over the ongoing political crisis in Rivers State, which was triggered by the defection of former Speaker Martins Amaewhule and 27 other lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
In a statement issued on the matter on Monday Chief Clark strongly criticized the actions of the defecting lawmakers, citing Section 109(1)(g) of the 1999 Constitution, which mandates that lawmakers vacate their seats if they defect from the party that sponsored their election, unless there is a nationally recognized division within the party.
Clark made it clear that the defections, which occurred on December 11, 2023, have led to the automatic disqualification of the lawmakers from the Rivers State House of Assembly, rendering any further actions by them legally null and void.
Chief Clark traced the crisis back to tensions between Governor Siminalayi Fubara and his predecessor, Nyesom Wike.
Clark alleged that Wike, now the Minister for the Federal Capital Territory (FCT), had sought to control the current administration, causing a breakdown in their political relationship.
This rift was further exacerbated on October 29, 2023, when unknown assailants set fire to the Rivers State House of Assembly building. Following this incident, Amaewhule and the defecting lawmakers began pursuing legal means to cement their positions, despite their constitutional disqualification.
Clark further accused the defecting lawmakers of manipulating the judicial system to remain in power.
He claimed that they had filed multiple contradictory affidavits and withheld key information regarding their defections from the court, thereby obtaining rulings that favored their positions.
Chief Clark described these actions as a “flagrant abuse of court processes” and called for an investigation into both the lawmakers’ conduct and the judiciary’s role in the matter.
The elder statesman also directed his criticism at Nyesom Wike, accusing the former governor of intentionally creating instability in Rivers State. Clark alleged that Wike had used a combination of intimidation and inflammatory rhetoric to destabilize the current administration, further deepening the political crisis.
He urged the federal government, under President Bola Ahmed Tinubu, to intervene and ensure that Wike’s actions did not go unchallenged, stressing that such behavior was a direct violation of constitutional principles.
Chief Clark reiterated that the Constitution must prevail and that the defectors’ actions were unconstitutional from the moment they changed political allegiance.
He called for a swift judicial review of all legal actions taken by the defectors and their supporters, demanding that any rulings obtained through fraudulent means be nullified.
In conclusion, Chief Clark called on all political stakeholders in Rivers State to prioritize the rule of law and work towards restoring peace and stability in the state.
He urged President Tinubu to ensure that all political leaders in the state adhered to the principles of constitutional governance and refrained from actions that could undermine the democratic process.
“This political crisis is a critical test for our democracy,” Chief Clark concluded. “We must resolve it in a manner that upholds fairness, justice, and the supremacy of the Constitution.”
The Economic and Financial Crimes Commission (EFCC) has granted administrative bail to two co-defendants, Umar Oricha and Abdulsalami Hudu, in a fraud case involving former Kogi State Governor, Yahaya Bello. The case, centered on charges of fraud totaling N101.4 billion, has been adjourned until November 27, 2024, by the Federal High Court in Abuja.
At the hearing before Justice Maryann Anenih, EFCC Counsel Jamiu Agoro requested an adjournment, noting that the 30-day compliance period for Bello’s summons, issued on October 3, had not yet expired. Agoro explained that the November 20 court date was inconvenient for the prosecution, and that seeking an arrest warrant would be premature as Bello still had a few days to respond to the summons.
Both the second and third defendants’ legal representatives supported the adjournment request.
Following this, Justice Anenih approved the EFCC’s request, extending the deadline for Bello’s appearance and authorizing service of the hearing notice to be sent to his last known address.
In a parallel development, the Federal Capital Territory (FCT) High Court in Maitama ordered a hearing notice to be posted at Bello’s residence on Benghazi Street, Wuse Zone 4, Abuja, and on the court’s notice board.
This step follows multiple missed court appearances by Bello since the public summons was issued, urging him to appear for arraignment on 16 counts related to the alleged fraud.
Justice Anenih emphasized the importance of due process, setting November 27, 2024, as the final date for Bello’s court appearance. This case has drawn attention to the EFCC’s efforts to enforce accountability among high-profile figures in Nigeria amidst allegations of large-scale financial mismanagement.
In a significant development, the Court of Appeal has annulled the appointment of Musiliu Akinsanya, popularly known as MC Oluomo, as the National President of the National Union of Road Transport Workers (NURTW).
The ruling upheld a previous ruling by the National Industrial Court, which had already recognized Tajudeen Baruwa as the rightful leader of the union.
The legal dispute surrounding the NURTW’s leadership has been ongoing, with tensions escalating within the organization.
Despite the court’s ruling in favor of Baruwa, MC Oluomo was recently elected by the Southwest Zone of the union during the Quadrennial Delegate Conference held last week in Osogbo, Osun State.
This election took place amid growing concerns and disputes within the union’s regional factions.
The Appeal Court’s decision is expected to settle the leadership question, restoring Tajudeen Baruwa’s position as the legitimate National President of the NURTW.
However, the union faces potential challenges in maintaining unity across its various regional branches, as supporters of MC Oluomo continue to advocate for his leadership.
This ruling marks a pivotal moment for the NURTW, as it works to stabilize its governance and address internal divisions that have led to several controversies and disputes over recent years.
The Supreme Court of Nigeria has thrown out a lawsuit brought by several state Attorneys General challenging the constitutional validity of the Economic and Financial Crimes Commission (EFCC). The case, led by Kogi State, questioned the EFCC Act, arguing that it bypassed constitutional requirements regarding international treaties.
The seven-member panel, headed by Justice Uwani Abba-Aji, ruled unanimously to reject the lawsuit, deeming it without merit. Kogi State’s counsel, Mohammed Abdulwahab, SAN, argued that the EFCC Act’s incorporation of the United Nations Convention Against Corruption was unconstitutional, as the law had not received approval from a majority of state Houses of Assembly, as required by Section 12 of the 1999 Constitution. This, he claimed, invalidated the EFCC Act and similar anti-corruption laws.
The plaintiffs also contended that the EFCC and NFIU lacked the authority to investigate state or local government funds, accusing the agencies of encroaching on state powers. Abdulwahab sought a court ruling to nullify the creation of these agencies, arguing it would prevent a potential constitutional crisis.
Attorney General of the Federation, Lateef Fagbemi, SAN, defended the EFCC, asserting that dismantling Nigeria’s anti-corruption agencies would harm the nation’s efforts to combat financial crimes. He argued that the National Assembly has the authority to create laws applicable nationwide to address corruption.
The court ultimately upheld the EFCC Act, ruling that the National Assembly’s legislative powers on corruption are valid and enforceable across all states. Justice Abba-Aji noted that Kogi’s revelations about state officials being investigated exposed ulterior motives behind the lawsuit, describing it as an attempt to shield certain officials.
“No state has the right to enact laws that contradict the statutes passed by the National Assembly,” Justice Abba-Aji said, delivering the judgment. The court dismissed the suit in its entirety, reaffirming that the EFCC Act and other federal anti-corruption laws remain constitutional and enforceable across Nigeria.
-
Crime1 year agoPolice nabs Killer of Varsity Lecturer in Niger
-
News10 months agoFCT-IRS tells socialite Aisha Achimugu not to forget to file her annual returns
-
Appointment1 year agoTinubu names El-Rufai, Tope Fasua, others in New appointments
-
News From Kogi1 year agoINEC cancells election in 67 polling units in Ogori-Magongo in Kogi
-
News From Kogi1 year agoEchocho Challenges Tribunal Judgment ordering rerun in 94 polling units
-
News1 year agoIPOB: Simon Ekpa gives reason for seperatists clamour for Biafra
-
Metro8 months ago‘Listing Simon Ekpa among wanted persons by Nigeria military is rascality, intimidation’
-
News11 months agoKingmakers of Igu/ Koton-Karfe dare Bello, urge him to reverse deposition of Ohimege-Igu