The Rivers State Government and the Rivers State chapter of the Peoples Democratic Party (PDP) are divided over the judgement of the state High Court nullifying the suspension of the elected council executive and legislative members of Obio/Akpor Local Government Area by Governor Chibuike Amaechi as well as the constitution of a caretaker committee.
While the state government censured the trial judge for acting in total disregard for the Court of Appeal, which is currently entertaining an appeal in respect of the matter, the state chapter of the party commended the court and the judge, praising the Judiciary for once again proving itself as the last hope of the common man.
“The attention of the Rivers State Government has been drawn to the pronouncement of a court presided over Justice Adanma Iyayi-Lamikanra. In it the trial Judge held that the action of the Rivers State House of Assembly in respect of the suspension of the former Chairman and councilors of the Obio/Akpor Local Government Council for alleged fraudulent practices was flawed and unconstitutional”, Rivers State Commissioner of Information and Communications, Ibim Semenitari wrote in a statement on Monday.
“As a responsible Government, which respects the rule of law, we have noted the ruling and in our usual manner would abide by the pronouncement. However, we are constrained to note that the trial judge acted in total disregard of the Court of Appeal, which at the moment is entertaining an appeal in respect of the matter. We are aware that under the rules of court, where there is a subsisting ruling essentially from the court above, lower courts are as a rule expected to stay action pending the determination of the appeal.
“In this instance, we wish to state without equivocation that the trial judge erred in law when she failed to adhere to age-long principles upon which the rule of law draws inspiration and strength.
“For the avoidance of doubt, the Rivers State Government has filed an appeal for a stay of execution of the judgment while the ongoing matter that is being heard by the court above is billed for Thursday, the 28th of November, 2013”.
However, the statement appealed to all Rivers people, particularly the good people of Obio/Akpor, to remain calm and law-abiding, assuring them that “we shall pursue the cause of justice through constitutional and judicial means until the people secure justice”.
In its own reaction, Rivers PDP praised the entire process.
“The Rivers State chapter of the Peoples Democratic Party, PDP is impressed by the ruling of the State High Court presided over by Justice Iyayi Lamikanra declaring the suspension of the elected council executive and legislative members of Obio/Akpor Local Government Area by Governor Chibuike Amaechi as illegal, unconstitutional as well as the constitution of Chikaordi Dike Caretaker Committee as null and void”, read a statement by Special Adviser on Media to the State Chairman, Jerry Needam, which described the nullification of the caretaker committee and the reinstatement of Hon Timothy Nsirim-led exco as a victory over intimidation and dictatorship.
“By this ruling, despite every effort to upset and demoralise the judge and distort the course of justice the party notes, the Judiciary has once more proven [that] it is reliable and [it] remains the last hope of the common man”, the statement continued.
“The party commends the rare courage of Hon Justice Lamikanra for shunning all acts of intimidation, blackmail and attempts to cow her to hands off the case, stressing that if all judicial officers will exhibit such steadfastness, our society will be better for all.
“The party, however, regrets that the undemocratic elements in the state who see politics as the beginning and end of their lives could go as far as destroying the soul of the nation which the judiciary represents by taking far reaching measures including unprecedented work free days and inciting of judiciary workers, just to thwart the course of justice”.
The state PDP reiterated its faith in the courts and jurists of Hon Justice Lamikanra’s mould, but warned against the dire consequences of executive lawlessness and other sundry means to undermine court decisions and judgments, as doing so is to call for anarchy in the land, which, like a whirlwind, does no good to anyone.
“The court ruling is simply a victory for democracy. It’s rekindled our hope in the Nigerian Judiciary notwithstanding deliberate attempts to make it compromise. We also wish to congratulate the people of Obio/Akpor for this cheering news and enjoin them to put all past acts of provocation behind, embrace the return of justice and peace in their land and join hands together with Hon Timothy Nsirim to move the council forward.
“The PDP will continue to apply wisdom and use every legal mean possible to fight injustice and executive highhandedness to ensure there is equity in our land and to ensure both the high and the low are protected as of right. We believe this is the import of democracy without which democratic leadership makes no sense at all”.
