Skip to main content

UDOM EMMANUEL RECORDS ANOTHER VICTORY

By

Again, FCT High Court affirms Emmanuel as Governor, Akwa Ibom State, dismisses G22 case
It was another legal victory for Mr Udom Emmanuel as a Federal Capital Territory High Court sitting in Jabi, Abuja, on Monday, July 6, dismissed another suit which had sought to nullify the election of Mr Emmanuel as the Governor of Akwa Ibom State.
The FCT High Court presided over by Justice Halilu held that the FCT High Court lacked jurisdiction to entertain a pre-election matter which had taken place in Akwa Ibom State and consequently dismissed the case for lack of jurisdiction.
A gubernatorial aspirant in Akwa Ibom State, Mr Ime Effiong Ekanem acting for himself and other aspirants under the aegis of G22 had gone to court after the Akwa Ibom State gubernatorial primaries and obtained an injunction that Mr Emmanuel's name should not be forwarded to the Independent National Electoral Commission (INEC) as the Peoples Democratic Party (PDP) candidate for Akwa Ibom State. Eventhough the injunction was later vacated by the Court to offer a temporary reprieve for Mr Emmanuel, the plaintiff had insisted that the Court should disqualify Mr Emmanuel.
Ruling on the substantive suit, Justice Halilu, adopted a sole issue for determination to wit: “Whether the Honourable Court had the requisite jurisdiction to entertain the Suit, same having emanated from the conduct of a Primary election conducted in Akwa Ibom State”
In resolving issue, the Judge held that it was the Statutes that conferred jurisdiction on a Court and not the Rules of Court as erroneously argued by the Plaintiff in his written address.
According to the Court, since it was the Plaintiff’s claims before the Court that was to be examined in assuming jurisdiction, upon an examination of the Plaintiff’s claims, it was not in doubt that the subject matter of the Suit was the propriety or otherwise of the conduct of a primary election which took place in Akwa Ibom State and same did not fall within the territorial jurisdiction of the Court as conferred on it by the 1999 Constitution of the Federal Republic of Nigeria being the Statue conferring jurisdiction on the Court.
According to the Court, the only effect of the provisions of of the FCT High Court Rules was only to determine matters within the judicial division of the FCT High Court where the Defendants are resident and not to donate jurisdiction to the FCT High Court where it obviously lacked jurisdiction.
Furthermore, Justice Halilu relied heavily on the Supreme Court decision in Dalhatu v Turaki (2003) cited by Paul Usoro (SAN), Counsel to Mr Emmanuel, to hold that if there is any State High Court that had jurisdiction to entertain the Suit, it was the Akwa Ibom State High Court, the cause of action having emanated from Akwa Ibom State.
The Court rejected the submissions of the Plaintiff’s Counsel, Rickey Tarfa (SAN) and upheld the submissions of Mr Emmanuel's Counsel. The Court consequently struck out the Suit for lack of jurisdiction and made no order as to cost.





Credit: Emmanuel Nicholas

Comments

Post a Comment

Popular posts from this blog

BUCCANEERS WARNS PYRATE CONFRATERNITY, THREATENED A SHOWDOWN

By
BUCCANEERS WARNS PYRATES CONFRATERNITY It's no news that the pyrates confraternity has been throwing shots at the buccaneers confraternity on media at any given opportunity.The last was at Professor Wole Soyinka's 80th Birthday when the capone of pyrates confraternity was interviewed on Am express in his speech he labeled the Buccaneers confraternity as a (Secret Cult). But the buccaneers have said "Enough Is A Enough!" And wrote an open letter to the pyrate confraternity and the general public stating their cause and what the buccaneers confraternity stands for. This piece was written by:  Barrister Femi Osibanjo Grand Eye Buccaneer Confraternity Read Piece below: Dear All, It has become necessary to address you once again. This Brotherhood is a private membership only Association or Friendly Society, which does not seek to compete with any organization, Fraternity, Sorority or Club. For this reason, we will not seek to respond to any...
1 comment
Read more

AKWA IBOM CHILD RIGHTS LAW

By
The Akwa Ibom State Child Rights Law The Governor of Akwa Ibom State, Obong Godswill Akpabio, on 5th December, 2008 signed the child rights act into law to protect the growth of perceptual, emotional, intellectual, and behavioural capabilities and functioning during childhood of Akwa Ibom children under 16 years. The law protects the Akwa Ibom child from birth to adolescence and up to 16 years such that the child is afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community. Child development becomes notable from the emergence of speech at one to two years of age. 2 to 7 years is early childhood where the child uses symbolic thought and language to manipulate their environment. 7 to 12 is late childhood and marks the beginnings of logic, involving the classification of ideas and an understanding of time and number. 12 up forms development of empathy, the ability to appreciate the feelings and perspectives of others. An...
Post a Comment
Read more

EFREN PENAFLORIDA - SOCIAL WORKER AND TEACHER

By
Efren’s Penaflorida – Social Worker and Teacher Efren Peñaflorida, Jr. sports no cape. He has no superpowers. You would neither throw him a second glance nor even notice him in a big crowd. There is really nothing special about Efren except his unparalleled dedication to reforming kids in their poverty-stricken community in Cavite, Philippines.Efren Peñaflorida, Jr.’s sanity was questioned when people first saw him going around the neighborhood pushing his improvised cart loaded with food, books, paper, pencils, and other things you would commonly see in a classroom. Why, Efren goes around the neighborhood pushing a mobile classroom to peddle the love for education. He left his well-paying job as a private school teacher to devote all of his time and effort to his Kariton Klasrum project while his neighbors mock him.To make matters worse, his parents and brother did not see the point in his earnestness to get out-of-school youths interested in going back to school. For a family s...
Post a Comment
Read more