Rivers 16 PDP governorship aspirants, others to shun appeal panel

Sixteen aggrieved Peoples Democratic Party (PDP) governorship aspirants and 2,100 delegate-aspirants in Rivers State have said they will shun the appeal panel set up by the national headquarters of the party to examine the complaints arising from last Saturday’s ward congress.
Allegations of irregularity marred the congress in most wards.
The aggrieved aspirants alleged that the three-man appeal panel are cronies of former Minister of State for Education, Nyesom Wike, who is also a PDP governorship aspirant.
They alleged that the panel members – Afam Okeke (Chairman), Ferdinand Ibezim (Secretary) and Lambert Oparah (member) – are Wike’s aides.
A governorship aspirant, Nimi Walson-Jack, who spoke yesterday in Port Harcourt, the state capital, on the decision of the aggrieved aspirants, described the appeal panel as a sham.
He said nobody would appear before it.
Walson-Jack said: “The appeal panel will listen to appeals from those who set it up. It is clear from the characters of those selected for the appeal panel that it has been compromised from the onset.
“We, the group of 16 governors acting under the coalition of governorship aspirants, do not have any iota of confidence in the so-called appeal panel. We will have nothing to do with it. We will not and cannot give legitimacy to a sham. Let them regale themselves with the premeditated charade they have since designed for the interest of an aspirant against the collective interest and electoral fortune of our party.”
Another aspirant, Prince Tonye Princewill, told reporters in Port Harcourt, yesterday, that the “state chapter of the PDP does not have a properly constituted executive committee in all the wards and local government areas”.

Number plate: Court upholds constitutionality of regulation 2012

Lagos Division of the Court of Appeal held yesterday that Regulation 2012 of the Federal Road Safety Commission (FRSC) under which the new plate number directive was issued was constitutional.
The verdict of the appellate court has said aside the trial court’s decision that the said regulation was illegal and unconstitutional.
Following the FRSC directive that vehicles would be impounded from October 1, last year should their owners fail to acquire the new number plates, a lawyer, Emmanuel Ofoegbu sued the commission before Justice John Tsoho of a Federal High Court.
?In a verdict delivered on March 26, the trial court held that the FRSC’s introduction of mandatory new number  plate was illegal and the threat to impound vehicles unconstitutional.
Tsoho had held that although the Commission had statutory powers and responsibilities, it was overreaching itself by its proposed action, since there was no penal law under which same could be executed.
The judge had held that the FRSC could not force upon Nigerians, a hastily conceived policy, without an enabling legal framework, adding that nothing had invalidated the old number plates.
Dissatisfied with the decision, the FRSC had approached the appellate court, seeking an order, upturning Tsoho’s verdict raising four issues for determination
FRSC urged the appellate court to decide whether the trial court was right to hold that the National Road Traffic Regulation (NRTR) 2012 was a nastily conceived policy without legal framework, just as it queried the locus standi of the respondent to initiate the suit.
But in its judgement delivered by Justice Shagbor Ikeigh, the Appeal Court held that the respondent have rights to institute the suit being an affected party.
Although the court ruled that Regulation 2012 was unconstitutional and FRSC has powers to give directives, it however decided three of the four issues raised in favour of the respondent.
It held that by the provisions of Section 5 of the FRSC Act 2007, the National Assembly had delegated the authority to the Commission to so act.
On the issue of validity of the regulations 2012, the court held “The effect of regulations 230 (2) of the regulation 2012, preserves the NRTR 2004.
“Its effect is that all acts done under the 2004 regulation, would remain valid until the time frame expires.
“The respondent having a valid plate number before the commencement of the litigation, and with the coming into force of the regulations 2012 delayed by the appellant from August 13, 2012 to October 1, 2013, the said number plate was valid up to its expiry date on March 17, 2014.”


“Consequently, the repeal of the 2004 regulations did not affect the validity of the number plate of the respondent vehicle vide regulations 230 (2) of regulations 2012, read with section 4(2) and 6 of the interpretation Act.
“The lower court was therefore right, in issuing an injunction to protect the respondent’s right to enjoyment of the number plate issued on March 18, 2013, to expire on March 17, 2014.
“I would allow this appeal in part; for the avoidance of doubt, this appeal only succeeds in part to the effect that regulations 2012 has legal force, and is enforceable from October 1, 2013, the administrative date set by FRSC.
“The part of the decision of the lower court declaring the regulation 2012 unconstitutional is hereby set aside” ikegh held.
On the issue of fear of impounding the respondent vehicle, the ?appellate court held that Section 35(1) of the constitution makes the personal liberty of a person an issue of Fundamental Human Right.
“The application of the respondent was brought to protect his personal right to liberty and protection of his movable property, therefore, the appellant has no legal framework to enforce regulation 2012 as it relates to impounding the respondent’s vehicle.
“The respondent would have the standing to sue to enforce his rights.
“I find no substance in the argument that the respondent lacked the locus to have brought the action at the lower court; he has the locus standing to bring the action as rightly held by the said court,”? the court held.
On the issue of reliance on newspaper publications, the appellate court held that although the trial court was in error to have relied on same without the reaction of the appellant, there was however, evidence in the form of affidavit in support.
The court therefore, discountenanced the newspaper report adding that the decision of the lower court that the respondent proved his case, can still stand, as it would have been the same based on the affidavit.
It further held that the injunction granted by the trial court was exactly the request of the respondent|plaintiff for his benefit.

Dangote reduces cement price to N1,000

Dangote Cement Plc has announced a 41 per cent reduction in the prices of cement, with the different grades of the essential commodity now selling for between N1,000 and N1,150, exclusive of Value Added Tax.

In the new price regime announced on Sunday by the Group Managing Director, Dangote Cement, Mr. Devakumar Edwin, a 50kg bag of the 32.5 cement grade will now sell for N1,000, while the higher 42.5 grade is to sell for N1,150 per bag instead of the current N1,700 that both grades were going for.

Edwin said in a statement that the move was in line with the company’s commitment to the nation, especially the need for the development of infrastructure and boost ongoing efforts to reduce the near 20 million housing deficit in Africa’s largest economy.

“We recognise the need for a dramatic increase in the response to the huge infrastructure and housing deficit in the country, and one of the ways of addressing the issue is bringing the price of building materials down to much more affordable levels, especially cement, which is within our own control as part of our contribution to the transformation agenda of the President Goodluck Jonathan administration and the attainment of key milestones in the Millennium Development Goals,” he was quoted as saying.

Since the commencement of the implementation of the backward integration policy for cement in the country over 12 years ago, the local production capacity of the product had risen from less than two million metric tonnes per annum to about 38 million metric tonnes per annum currently.

During the period, over $20bn has been directly and indirectly injected into the Nigerian cement industry with Dangote Cement Plc accounting for 60 per cent of that expenditure.

Edwin also said that Dangote Cement would continue to ensure the alignment of its corporate social responsibility with its strategic business initiatives, and would continue to evaluate its pricing regime in the country’s best interest.

According to the statement, stakeholders have commended the price reduction and say the cement market is entering the high demand phase as the dry season, which provides the opportunity for increased construction and building activities, is setting in.

In compliance with the directive of the Standards Organisation of Nigeria on the various grades of cement and their prescribed uses, Dangote Cement recently inaugurated its brand of the premium 32.5 grade, which has been restricted to plastering use only.

The largest cement producer in Nigeria noted that the move was to develop a full bouquet of cement types to meet the varying needs of consumers for the different purposes.

The company produces the 42.5 grade for column casting, block making, decking and other general purpose construction works that require high strength, while the 32.5 grade is for rendering or plastering.

The company also produces on demand the 52.5 grade for specialised construction of high strength structures such as bridges, flyovers and sky scrapers, among others.

Dangote Cement said in compliance with the SON standard for cement quality and packaging, the lower 32.5 grade would be clearly labelled in order to minimise the incidence of building collapse arising from the misapplication of the different grades of cement.

TUFACE at it again.

2face with Annie

TEN years after the release of Face 2 Face, his debut album as a solo artiste, Nigerian pop star Tuface Idibia has dropped a remix to one of the hit songs off album.

Re-produced by OJB Jeezrel, the Nfana Ibaga video features a cameo from an unnamed African superstar, and takes us back to the genesis of the artiste’s rise to stardom. It also features new lines from the artiste who says that it is now available for downloads online.

In furtherance of the commemoration of the landmark 10th Anniversary of the highly rated Face 2 Face album, Hypertek Digital and 960 Music Group are releasing a new album titled Rewind, Select and Update as well as Face 2 Face 10.0, a Kennis Music re-issue album, which contains new bonus tracks.

DESMOND ELLIOT defends political ambition

DESMOND ELLIOT

SINCE making his political intention public, popular Nollywood actor and movie director, Desmond Elliot, has come under attacks from some quarters. This was even further heightened when the thespian, for the first time in his lengthy career, decided to use his Yoruba name, Olushola.

The actor, who has been empowering youths recently as part of his campaign programmes, has come out to reveal what he has been passing through since his political intention was made known.

When asked in a recent interview why he had not been using his Yoruba name since he started his foray into the movie industry, he explained that he had to use his English name for professional reasons.

“Politics has been in me for many years, but I wanted a party which was progressive. My choice of the All Progressives Congress (APC) was because it’s stronger and progressive. The party is one you can identify with. This is also a good platform and a good party. It has lots of programmes that cater for  the people’s welfare. It has so much differentiated itself from all others. This is one of the reasons I decided to join the party,” he stated.

According to him, it is laughable when people say he is not from Lagos State. “I am from Lagos State. My father is from Olowogbowo in Lagos Island, but my mother is from Delta State. I refer to myself as being pan-African. People don’t believe I am a Lagosian because I seldom act in Yoruba movies. Also, people don’t believe I am from Lagos State because I don’t include the Shola in my name. Then, because my surname is also English, many are confused about where exactly I am from. I am very detribalised,” he added.

Kwara governor, Akume slam IG

Kwara State Governor Abdulfatah Ahmed and Senate Minority Leader George Akume yesterday faulted the usurpation of the judiciary’s role by Acting Inspector General of Police Suleiman Abba who withdrew House of Representatives Speaker Aminu Tambuwal’s security.
The governor spoke in Ilorin. The senator issued a statement in Abuja.
Ahmed described the furore generated by the Speaker’s defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) as uncalled for.
He said it was the business of the judiciary and not that of any other organ of government to interpret laws and the legal implication of political actions.
Ahmed questioned the constitutionality of the unilateral reduction in the allocations to states and local governments by the Federal Government, adding that it needed to be subjected to examination by the judiciary.
The governor spoke during the swearing-in of members of the reconstituted Kwara State Judicial Service Commission.
He said: “It is the business of the judiciary and not that of any other arm or organ of government to interpret laws of the land and the legal implication of political action, such as cross-carpeting at the National Assembly and indeed the executive.”
Ahmed said the unilateral reduction in the allocation due to states from the Federation Account, allegedly due to fluctuations in global oil prices and oil theft, were gradually impoverishing states and local governments.
His word: “If this situation is not addressed unequivocally and quickly, the next few months will prove even more difficult for our state and indeed all others that are burdened by the unsubstantiated cuts in the Federation Account allocation.”
Akume described the withdrawal of Tambuwal’s security as another “classic act of Executive impunity and lawlessness”.
This act only adds to several others which have characterised this administration and threatens the growth of democracy which is not measured by existence of democratic structures but by promotion of the rule of law.
“The hilarious recourse of the police to constitutional interpretation, which is the exclusive jurisdiction of the judiciary, is to say the least most unfortunate.
“One wonders why the police could only see and read S.68(1)(g) of the 1999 Constitution but was blind to subsection (2) of the same provision, which vests the power to declare a member’s seat vacant on the ground of defection to only the Senate President and the Speaker of the House of Representatives.
“One also wonders why the police could not advise itself that since there are pending litigations on the subject matter, they should wait for the outcome of judicial interpretation on the contentious constitutional provision. Recently, Governor Olusegun Mimiko of Ondo State defected to the PDP with all the Labour Party members of the House of Representatives and Ondo State House of Assembly, including its Speaker, but the police neither withdrew the Security detail of Governor Mimiko, the state Assembly Speaker, nor effected the removal of those members from the various legislative Houses.
“No one is in doubt that the police IG is merely being used by President Jonathan to achieve a partisan agenda. This is absurd. This is unlawful and immoral. It is particularly absurd because, President Jonathan only just returned from the Holy Land of Israel. He had travelled to Israel on Holy pilgrimage in company of CAN President Pastor Ayo Oritsejafor and other men of God primarily to seek the favour of God in his re-election bid and also to pray for the overall progress of Nigeria.
“Nigeria expects on return a sober, penitent and spiritually-rejuvenated President. Not one brazenly desecrating the constitution he swore to uphold. The President is as much qualified for VIP protection as the Speaker is. The Speaker presides over an important Chamber in the legislative arm of government which appropriates the salaries the President and entire executive arm (which includes the Police) are paid from. A temperament such as this one exhibited by Mr. President can hardly pass for a Nigerian who more than any other, living or dead, has benefited from the parliament. By act of parliament, his boss was impeached as governor and he became the governor of Bayelsa State. By application of the doctrine of necessity, the Parliament made him an Acting President.
“He thus became both Governor and President without contesting election.
Nigerians expect reciprocal respect between the two arms of government, not politics of subterfuge and arm twisting. The Parliament has its rules to handle its affairs and the President must allow the House deal with its leadership issue.
“Let all people of Goodwill rise to condemn all acts which threaten the enhancement of democratic culture, values and ethos. This is one such occasions.”

Tambuwal: House rejects plan to reconvene plenary

Tambuwal

Mu’azu, others mount pressure on PDP Reps 
Peoples Democratic Party (PDP) leaders have embarked on some desperate measures to seize the House from Speaker Aminu Tambuwal.
Party Chairman Adamu Mu’azu is set to meet today the party’s caucus in the House — in a move to get members’ support for a plot to impeach Tambuwal, who defected to the All Progressives Congress (APC).
Besides, Deputy Speaker Emeka Ihedioha is under pressure to reconvene plenary, which Tambuwal suspended till December 3.
But the House warned yesterday that such a plan was illegal.
In a statement, House  spokesman Zakari Mohammed said the rule book is clear on reconvening the House.
According to him, only the Speaker is empowered to reconvene the House after it has been adjourned for one reason or the other.
The statement reads: “The House of Representatives adjourned sitting of its plenary on 28th of October to 3rd December 2014 to allow members of the House carry out pre Pre- Budget oversight activities in preparation for the 2015 Budget and also to meet the political calendar of all the political parties.
“This adjournment was unanimously approved by all the Principal Officers of the House without dissent and the motion was moved by Hon Mulikat- Adeola-Akande, the Majority Leader .The Speaker, Rt. Hon Aminu Waziri Tambuwal approved with the Gavel.
“There has been intense media focus on this adjournment and media inquiries on the appropriate procedure for re- convening of the House of Representatives from its Recess , if it becomes necessary. The following clarification has become imperative.
“The procedure for reconvening or Re-Assembly of the House is contained in the House Standing Orders made pursuant to Section 60 of the 1999 Constitution of the Federal Republic of Nigeria, which empowers the House to regulate its own procedure, including the procedure for Summoning and Recess of the House.
“Order V, Rule 18(2) of the Standing Orders of the House of Representatives provides as follows;
“Whenever the House stands adjourned either to a date fixed by Resolution or the Rules of the House, and it is represented by the Leaders of the Political Parties in the House to the Speaker that the public interest requires that the House should meet on an earlier or a later date or time than that on which it stands adjourned, the Speaker MAY give notice accordingly, and the House shall meet on the date and at the time stated in the notice.”
“This means that the Leaders of all the political parties in the House, especially the Majority and Minority Leaders respectively, MUST consent before the representation is made to the Speaker who has a discretion to agree or not.
“This briefing is for the information and guidance of all Nigerians”.
PeoplesDemocratic Party (PDP) leaders are facing a tough task getting House of Representatives members to remove Speaker Aminu Tambuwal.
The PDP has been mounting pressure on its members in the House to reconvene the House and remove the Speaker.
Tambuwal’s security detail has been withdrawn by Inspector General of Police Sulaiman Abba – a move that has received widespread condemnation.
The PDP leadership has slated a meeting for today with its lawmakers in the House.
It was summoned by party Chairman Adamu Mu’azu. Ahead of today’s meeting the PDP house caucus met in Abuja on Saturday night.
They have tabled three conditions before Muazu for the removal of Tambuwal.
The conditions are: •automatic tickets for members who are governorship, senatorial and seeking a return to the House;
•a bond to clip the wings of governors who have hijacked all the processes for free and fair primaries; and
• freedom to elect whoever they prefer as Speaker instead of foisting House Leader Mulikat Akande-Adeola on them.
The APC caucus in the House filed a case seeking an injunction to stop the PDP leaders from reconvening the House till December 3.
Amid the looming war in the House, the Presidency was rattled by a statement from the Nigerian Bar Association (NBA) declaring the withdrawal of Tambuwal’s security as illegal.
It was also gathered that the Chairman of PDP Governors Forum, Akwa Ibom Governor Godswill Akpabio, confronted Deputy Speaker Emeka Ihedioha for allowing the PDP Caucus in the House to lose out.
But Ihedioha reportedly fired back, asking a “dumbfounded” Akpabio what the forum had done to assist the caucus to consolidate its grip on the House.
PDP Representatives met on Saturday in Abuja on the invitation of Mu’azu.
A source at the session said: “We had a pre-meeting session since the agenda was obvious to all of us. Most of us were angry that it is only when the party wants to use us for selfish end that we are considered important.
“We cannot remember when last Muazu and the NWC met us on policy issues, the development of the nation and the fortune of the party.
“The party did not even deem it fit to put us into confidence on the modalities for the 2015 poll primaries and how to retain good hands among us. The party even had the gut to tell all House members from Bayelsa State to forget about second term ticket. Now, we are relevant because of plans to remove Tambuwal.”
Another PDP Representative said: “We have come up with two conditions which the party must meet for the removal of the Speaker.
“One, the party must give us automatic tikets irrespective of which office we are seeking.   Those aspiring to be governors, senators and second term in the House of Representatives should be given automatic chances.
“We insisted that we won’t sign for the House to reconvene until the issue of automatic ticket is sorted out by the party.
“Secondly, the party should check the governors who are deliberately frustrating the aspiration of most of our members in 2015. These governors must stop imposition of candidates; we want free and fair primaries.
“We want freedom to choose whoever we want as Speaker after the removal of Tambuwal. We do not want the party to foist the House Leader on us.”
As part of its counter-plot, the APC Caucus in the House will today head for court, seeking an injunction to restrain PDP members from reconvening the House.
The Federal Government was on Saturday rattled by a statement from the Nigerian Bar Association (NBA), which declared the withdrawal of Tambuwal’s security aides as illegal.
Since the statement was issued, NBA President Augustine Alegeh (SAN) is said to have been under intense pressure from some Presidency officials.
“But the NBA leadership stood by its position on Tambuwal and asked the government to allow the court to make a pronouncement,” another source said.
The anti-Tambuwal project is, however, causing disaffection within the ranks and file of the party.
It was learnt that at a meeting convened last Thursday at the Presidential Villa, Akpabio confronted Ihedioha.
A PDP source added: “In the presence of President Goodluck Jonathan, Akpabio confronted the deputy speaker on why the PDP Caucus was being taken for granted by the opposition. Like a headmaster, Akpabio was shouting.
“But Ihedioha fired back and asked Akpabio to explain what the PDP Governors Forum had done to support the PDP Caucus in the House.
“Those at the session had to calm frayed nerves to restore normalcy.”