The Rivers State Chapter of All Progressives Congress, APC is saddened
that despite his earlier ruling to stand down the matter until the
appeal questioning the jurisdiction of his court is determined by the
Appeal Court from October 12, Justice Lambo Akanbi, this morning,
handed out ruling on a matter that was awaiting a decision of the
Appeal Court.
Without any hearing notice to parties except, perhaps, to the PDP,
Justice Akanbi presiding over Federal High Court 1 in Port Harcourt
commenced sitting this morning and quickly handed down a ruling in
respect of a matter between PDP and other parties including the Rivers
State Independent Electoral Commission [RSIEC] voiding the election of
22 Local Council Chairmen and Councillors in Rivers State. He claimed
to have earlier ordered that the elections should not hold.
However, that position by Justice Akanbi is far from what transpired
in the matter.
The truth of the matter remains that there is a pending appeal on the
substantive case in which same Justice Akanbi on the 29th of April
gave as reason for adjourning the matter sine die until the appeal is
dispensed with beginning from 12th October. How come Justice Akanbi
decided to bring forward the matter without even serving hearing
notices to the parties? Why does Justice Akanbi want to ambush and
foist on the Court of Appeal a situation of hopelessness? What
business does Justice Akanbi have in reopening the matter other than
fragrant display of judicial rascality?
It is important to re-iterate here that APC applied to join in the
matter which the Judge turned down and APC immediately proceeded to
appeal that refusal to be joined and that appeal is also pending. Why
has Justice Akanbi acted in a manner aimed at frustrating that appeal?
As a law-abiding party, the APC would like to appeal to the elected
Chairmen, Councillors and its numerous members across Rivers State to
disregard any ruling of any court other than that of the Court of
Appeal which will sit on October 12, 2015 of which notice of hearing
has been served on all parties.
More so, APC is not bound by the court ruling handed down today by
Justice Akanbi because APC duly applied to join in the matter and when
the learned Justice refused the joiner application, the party
proceeded to appeal that refusal, an appeal that is still pending at
the Court of Appeal. Why did Justice Akanbi not wait for the Court of
Appeal ruling on the APC application before proceeding with the
matter? Therefore, the APC will wait and abide by the decision of the
Court of Appeal, in line with the earlier Order of Justice Akanbi
himself that the matter can only be reopened after it has been
dispensed with by the Court of Appeal which has already served all
parties notice of hearing.
The APC would like to advise Governor Nyesom Wike against misleading
himself through curious court rulings to act outside the rule of law.
The Governor should be reminded that the Order of the Nigerian
Industrial Court sitting in Yenagoa restraining him and other parties
from tampering with the elected Local Government Chairmen and Councils
is still subsisting. Let him hold himself responsible for any action
that may result from any ill-advised foray into the hallowed arena of
justice on this matter.
The APC would also like to advise the Governor to put to good use the
loans he has so far collected from banks and not running around
courtrooms and chambers with it in search of judicial officers to
compromise. The Governor should quickly discard the toga of a governor
who goes about compromising and distracting judges and destabilising
the judicial system. It does not matter whether his tenure will be for
only 2 or 3 months, Rivers people deserve value for every of their
kobo.
Chris Finebone
State Publicity Secretary
