Our Witness Has Turned Hostile, Ogboru, LP Cry Out

·         Your Argument is bizarre, has no Basis in Law”, say OKowa, INEC, PDP   

Legal fireworks were literally unleashed at the on-going Governorship Election Petition Tribunal holding in Asaba, Delta State Monday when Mr. Robert Emukpoeruo, counsel to the petitioner, Chief Great Ogboru, governorship candidate of Labour Party (LP) in the April 11, 2015 election denounced the witness they called by subpoena to give evidence on their behalf, Mr. Felix Enabor, an INEC official accusing him of being a hostile witness.  

Soon after Enabor mounted the witness box and his written statement and other documents admitted by the tribunal as exhibit. The tribunal had subpoenaed the INEC Head of Department; General Administration and Procurement, in Asaba, Delta state head office, Mr. Felix Enabor, to give evidence in the petition filed by Ogboru and LP, over the conduct of the governorship election in the state.

In decrying what he claimed to be the unpleasant attitude of their witness, Ogboru and LP’s counsel made a strident call on the tribunal through an application urging it to declare the witness ”hostile animus” because of the criminal allegations he claimed the witness made against the petitioners in his evidence.

Emukpoeruo submitted that the allegations are not founded on any pleading by the petitioners in the case. He contended that some paragraphs in the witness’ deposition were “animus”, and injurious to the petitioners. “I urge your lordships to hold that going against the prescriptions of the subpoena is clearest evidence of hostility. I urge your lordships to look at paragraph four of the statement of Felix Enabor that ‘I have the consent of INEC to make this evidence on their behalf’. This is clear that the witness is a witness that came to give evidence on the side of the adverse party and that makes him an adverse party. I urge your lordships to so hold,” Emukpoeruo argued. He cited some legal authorities to back up his arguments.

But instantly, the counsels to Governor Okowa, PDP and INEC , Dr. Alex Izyion (SAN),  Mr.Akinlolu Timothy Kehinde (SAN) and Onyechi  Ikpeazu (SAN) respectively,  vehemently opposed  the application.  

Iziyon described the application as “very bizzare and unknown to law, because the procedure on Evidence Act have not been complied with.

“The provision cannot be invoked. It is not automatic, or a magic wand”, he argued, pointing out that section 230 of the Evidence Act, has not been complied with. “The petitioner is the party producing this witness, He is its witness”, Iziyon said.

He pointed out that the request to label the witness as” hostile and animus” is not automatic as it cannot be invoked.

He said,  “the petitioner is the one providing the witness upon an application , it is his witness, where the procedure is by deposition , and if the witness is adverse to his case, and particularly in an election petition, they  have  taken a gamble, they either swim or sink with the witness they have called”.

He submitted that the petitioners are the ones that called the witness, and he obeyed the subpoena, adding that there was no evidence of hostility with the witness as there was nothing to show such, as he has the mandate of the petitioner to come and testify.

Okowa’s counsel explained that the issues of the LP Chairman facing criminal prosecution over alleged stolen INEC materials  should  no be a hidden thing. “They should not expect that this important information should be hidden. This is a court of law,” Iziyon submitted, adding that the issue of hostile witness was not new to jurisprudence, as there are no enough grounds to treat witness from INEC as hostile. He said facts must be connected to the facts in issue as paragraphs 11 and 12 explain why this deposition is relevant. “The issue of hostile witness is not new to jurisprudence. There is no ground to hold this witness as a hostile witness,” Iziyon argued and cited legal authorities as his guide.

He also argued that Enabor has not made another statement that contradicted the one he deposed to in court, hence there was no need to brand him a hostile witness.

 The “tribunal is guided by law not by sentiment; we are bound by the rules of procedure, and the material before your lordships.” I urge you to reject the petitioners’ application, Iziyon requested.  

In his submission, counsel to PDP, Mr. Timothy Kehinde (SAN), averred that “We shall be opposing the application to treat the witness as a hostile witness.

“The condition precedent for your lordships to exercise discretion in this type of application has not been met at all. We submit that a party producing a witness is given an obligation not to be allowed to impeach his credit by general evidence of bad character. There is even no evidence to treat him as a hostile witness. Furthermore, this witness is the court’s witness as a competent and compelling witness whose sole duty is to help this honourable tribunal arrive at a just conclusion. And he is not under any obligation to give any evidence that is favourable to any of the parties except to say the truth,” Kehinde argued.

He continued: “We further submit that the petitioners’ position that they had no input in the evidence of the witness is suggestive that they no opportunity to cause the witness to commit perjury. And the fact that the witness is giving an unfavourable evidence before this tribunal is not enough to treat him as a hostile witness.

“Before this type of application can be granted at all, there must be before this tribunal evidence that a contrary statement has been made by the witness. And the witness must be asked whether he has made such statement before. I submit that a definite record to that must be born out of the records before he can be treated as a hostile witness.

“I further submit that the depositions of the witness on oath are relevant to this casa, and are meant to explain everything that the subpoenaed witness knows about this matter, and why it will be possible for the witness to carry out the subsisting order of this court for the production of all the materials needed by this court.

“We submit that the witness is not hostile. And having adopted his witness statement on oath his duty to the party calling him has ended. We submit that the authorities referred to by the petitioner are completely not relevant to this matter as the facts are not the same with that of an election matter.” Kehinde cited legal authorities to back his submissions.   

He called the tribunal’s attention to paragraph 413 of the fourth Schedule to the 2010 Electoral Act provides that provides that there shall be no oral examination of the witness except to ask him to tender his evidence which he has done.

“We finally submit that granting this application will be tantamount to helping the petitioners to have an input in the evidence of the state witness. And that will be asking your lordships to descend from your hallowed positions as unbiased umpire into this matter,” Kehinde argued.

Ikpeazu, SAN, for INEC opposed the application to treat Pw2 as a hostile witness. He submitted: “In line with the pronouncement of Ilouno V Chiekwe cited by the petitioners, the Supreme Court made it clear that the mere fact that a witness gave adverse testimony does not ipso facto make that witness a hostile witness. It said further that the courts are bound to consider the conduct of the witness to determine whether the witness is hostile. The petitioners gave three reasons:

·         Paragraph four of the deposition.

·         That the deposition was not mad on the date it was supposed to be made.

·         That the witness made allegations of commission of an offence against the petitioners.

“This application will not warrant granting that application,” Ikpeazu said, adding: “The subpoena was issued on these officers. So, it is kind of them to have obeyed the order of the officers to appear in court. That cannot be a ground to impugn the conduct of the witness. Standing independently cannot warrant a ground. There must be some sort of felonious intent. There is nothing to show that. The remedy is not to impute hostility but to treat him as a witness of truth.”

He also argued that it was the petitioners that led the witness to adopt the deposition so then where is the prejudice or hostile animus?

Ikpeazu said: “The third ground is the issue that the witness made allegations of commission of an offence. In the deposition he just adopted he displayed the police report, which investigated the commission of an offence committed against INEC. The procedure my learned friend seemed to have adopted is an exception to the rule. Section 230 of the Evidence Act is couched in very mandatory terms that the party producing a witness shall not be allowed to lead him. All that the witness did in his deposition is to explain the absence of polling unit results and other documents. So that should he be asked to produce documents that are not available because they have been stolen, it would be understood. Because, if he had not done so he would have been found to have disobeyed the orders of the court. What the petitioners have done is the assumption of risk. They have adopted the procedure and they are bound by it, and the risk involved.”

Emukpoeruo making a point of law submitted that the procedure in the Evidence Act applies to all proceedings. That section 230 of the Electoral Act applies to all and without distinction.

The tribunal Chairman, Justice Nasiru Gunmi urged the lawyers to avail the tribunal of the books on their legal citations and adjourned ruling in the matter till Tuesday, September1, 2015.

Police Alleges Plot By Labour Party to Present Fake Results in Court.

·         Impounds materials found with suspects

·           Prime Suspects in Custody  

The Delta state Police Command has uncovered plot by some officials of the state chapter of the Labour Party (LP) to tender fake election results sheets in court.

A certified true copy of the police report addressed to the commissioner of police and signed by Deputy Commissioner   of Police (DCP) Hafiz M. Inuwa states that a prima facie  case of forgery and  falsification have been established.
The State Police Command says it has arrested and detained some officials of the Party for being in possession of sensitive electoral documents of the Independent National Electoral Commission (INEC) in relation to the just concluded governorship and House of Assembly elections in the state.

The Police report revealed that those arrested are top members of LP who are alleged to have stolen INEC electoral materials for the 2015 general election. 
     

Among those arrested and interrogated in connection with the incident are Chief Tony Ezeagwu , who is the  Delta State Labour Party Chairman  and Onodawerho Esiri , the prime suspects in the report

According to the police report   with reference number CR3000/DTS/SD3/VOL/3/230, and dated 25th June, 2015, the police acting on a tip-off swooped on a popular hotel located in the metropolis of Asaba, the Delta State capital and found the suspects in possession of INEC original copies of results relating to the just concluded governorship election in the state.

The report listed the items recovered to include; “47 completed copies of original result sheet, otherwise known as Form EC8A, for the governorship election held in parts of Warri South; 16 completed copies of original result sheets, otherwise known as Form EC8A (1), for House of Assembly elections held in parts of Warri South; seven completed copies of original result sheets , otherwise known as Form EC8 for governorship election held in parts of Ughelli North”.

The report also stated that “the recovered and identified result sheets are sensitive materials  that should  not be found outside the custody of INEC or officials of INEC and that the person  that stole the result sheet is the person that stands  to gain advantage  at the Electoral Petition Tribunal if INEC could  not produce  the result sheets  when the tribunal demands for it.”

Other items removed also include, “ Five completed copies of original result sheets , otherwise known as Form EC8A (1),  for  House of Assembly elections held in Ugheli North and one copy of original Form EC8B (1) for summary of results from polling units in Warri South. Also recovered were 149 original copies of polling unit material receipt forms, otherwise known as form EC25B; 139 copies of forged forms EC25B among others”. 

The report indicates that two staff of INEC staff allegedly conniving with the agents of the Labour Party were interrogated , adding that “ following the discovery of the exhibits , INEC  did a stock taking  of its strong room  and discovered  that a total of 117  results sheets  for governorship election and 20  House of Assembly election are missing  from their strong room”. 

The police have concluded plans to charge the suspects to court for conspiracy to steal, forgery and receiving of stolen INEC property. 

Card Readers where Substantially Used in Delta State Governorship Election, says INEC

·         Moves 10 Truck Loads of Electoral Materials to Tribunal to Prove Okowa’s Victory

·          L P, Ogboru, allege mischief over new evidence, Hurriedly Seeks Adjournment 

Card readers were substantially used during the April 11, 2015 governorship election in the state, according to Mrs. Nnenna Essien, who works with the Independent National Electoral Commission {INEC) as a soft ware developer, and specialist in systems design and analysis with interest in data base administration and management. 

The Officer, who heads INEC’s Data Ware House Section in Abuja made the disclosure Saturday during cross examination conducted at separate times by the counsels to the first, second and third respondents, Dr. Alex Iziyon, for Governor Ifeanyi Okowa, Mr. Akinlolu Timothy Kehinde (SAN) for People’s Democratic Party (PDP) and Onyichi Ikpeazu, SAN) for INEC, at the resumed hearing of the Delta State Election Petition Tribunal sitting in Asaba.

Essien also revealed that due to occasional systems failure during the election, the information unit could not capture some data from the field officer that used card readers hence the instruction that the voters register should be used where card readers failed.

Essien, who was subpoenaed by the tribunal to give evidence at the trial said “It will be wrong to say that card readers were not used in Delta State. Card readers were also used at the collation centres, and collation centres also looked at the registers to cross check the results of the form EC8A.

Three petitions are before the Delta State three-man elections petitions tribunal headed by Justice Nasiru Gunmi. The petitioners are challenging the declaration of Dr. Ifeanyi Okowa of the People’s Democratic Party (PDP) as winner of the April 11, 2015 governorship election by the Independent National Electoral Commission (INEC).

The Three petitions were filed by Chief Great Ogboru of Labour Party, Olorogun O’tega Emerhor of the All Progressive Congress (APC) and Mr. Paul Isamade of Allied Congress Party of Nigeria (ACPN).

Ogboru is contending among others, that card readers were not used during the governorship election that produced Governor Okowa as the winner, alleging that the election was rigged with the use of manual register. 

Under cross examination, Mrs. Essien said: “The design is that the card reader must identify the card, the bearer of the card and other information about the voter. We did not make provision for swipping of PVC on the card reader, no provision for the introduction of external scanner for finger print into the card reader”.

She also revealed that the INEC server was shut down six weeks after the governorship election in Delta State was conducted following the instruction from former INEC boss, Professor Atahiru Jega.

“We did not get all the transmitted data in one day after the election. The server was shut down on May 25, 2015, six weeks after the governorship election in Delta State. I am not aware that data were still being transmitted after the server had been shut down, and we do not have records of failed or nil data transmission in  our  system.

She said about 1.9 million  PVCs were collected in Delta State, adding that 4,878 polling units were created in Delta State, including voting points, disclosing that about  2.3 million voters were   recorded   in the state. She said she did not participate in concluding the date from Delta state to INEC headquarters, and does not also know the status or integrity of the means used in transmitting the data from the field to the headquarters.

She said: “In exhibit P2A from page 1, there are some columns like Aniocha North where only two persons were accredited. In page three, column 88, only one person was accredited. Also at page 4 column 95, 96 and 97, in each if these polling units, less than 20 voters were accredited. In page 6 column 179 in the whole of that polling unit only five were accredited. Page 14 column 432 only two persons were successfully verified by the card reader.

Under cross examination by Ikpeazu (SAN), Mrs. Essien confirmed that this is evidence that accreditation took place in Delta State and that it will be wrong to say that card readers were not used at all in Delta state.    

Shortly after Essien stepped out of the witness box, Justice Gunmi ordered Ogboru’s counsel, Mr. Robert  Emukpoeruo  to call into the witness box , LP’s  second witness  for cross examination and re-examination.

After a brief adjournment to enable the expected witness mount the witness box, Emukpoeruo raised the alarm that a fresh statement of INEC witness has just been served on him, and urged the tribunal to adjourn till Monday, August 31, 2015 to enable him study the document.

This generated another round of objection from the counsels to Okowa, PDP and INEC , Dr. Alex Izyion (SAN), Mr. Timothy Kehinde (SAN) and Onyichi Ikpeazu(SAN) respectively. They opposed the request on account of time, arguing that the Petitioner can decide to step down the witness in question if he was not ready to go on with him, and call the next witness since they were ready to go on with the matter.

Iziyon said: “We are prepared to take this witness. I do not see any basis to see adjournment. He should decide whether he wants to examine the witness. We are opposing the application for adjournment.”

In his own submission, Kehinde (SAN) said: “We are opposing the application for adjournment for it has no basis in law. What the subpoenaed witness is expected to do is to file a written statement and to come to court to defend it. We submit that your lordships discountenance the application. The alternative is for the applicant to say they want to discharge the witness. Section 244 of the Evidence Act is very clear. It will waste time and resources.”

Ikpeazu who appeared for the first time in the matter alongside Mr. Damian D. Dodo(SAN), while associating himself with the submissions of Iziyon and Kehinde, told the tribunal that they cannot afford to wait till Monday for the continuation of the trial, arguing that INEC has assembled all the needed documents they want for the trial.

He told the tribunal chairman that already, 10 trucks bearing INEC documents are standing- by and ready to be moved into the court room for examination, adding that any further delay will not be in the interest of the parties in the petition.  

After listening to the arguments of the counsels, Justice Gunmi in the interest of fairness adjourned the matter till Monday, August 31, 2015 for continuation of trial.  

Okowa : Advancing Socio- Economic Development through SMART Initiatives

  PRINCE VICTOR EFEIZOMOR writes on the strides of Governor Okowa of Delta State towards bringing prosperity to all Deltans.  

Amidst cheers and jubilation from the marmot crowd that attended the swearing –in ceremony at the Cenotaph in Asaba, Delta State Governor Dr. Ifeanyi  Okowa told his audience that, “  as a government, we  are  committed to the building  and consolidation  of a state in which  there shall  be more employment  opportunities,  a flourishing  agriculture  and agribusiness  sector , effective health  and educational  systems, renewed  urban  infrastructure  and enhanced security  and peace  to bolster economic  growth  and development”

Three months down the line, even when expectations are high, hope has risen   in the state and governance is rekindled in various developmental policy initiatives so far taken. To achieve the set goals, Okowa compressed his programmes  into a five point agenda which is encapsulated in the acronym SMART.

The SMART agenda means , Strategic Wealth  Creation  Projects and Provision  of Jobs for all Deltans, Meaningful Peace  Building Platforms aimed at Political and Social  Harmony,  Agricultural  Reforms  and Accelerated Industrialization,  Relevant  Health  and Educational  Policies  and Transformed  Environment through Urban Renewal

As the administration consolidates amidst global economic uncertainties, a lot have been achieved in terms of policy initiation, realization and actualizing as contained in the state’s SMART scheme.          

Agriculture and Industrialization:

Having acknowledged that Delta state has tremendous potentials in agriculture, Governor Okowa within the space of three months  set up six new  schemes to grow the  agro-industrial sector of the economy ,   namely ; Youth Agricultural  Entrepreneurial Programme (YEGEP),  Skill Training  and Entrepreneurship  Programme (STEP),  Production  and Processing Support  Programme (PPSP), Tractorisation, Extension  of Micro credit  and Agricultural Loans  and Development  of Agro-industries.

The policy objectives of these programmes are aimed at creating jobs and wealth, to diversify the economy, engage the youths in productive enterprise, nurture entrepreneurs and leaders, promote communal peace and security and develop database of employment and unemployed youths for planning purposes.

Wealth Creation and Employment Generation

The  job creation  scheme   has since kicked off  as  no less than 600,000  youths  from different parts of the   State  have obtained  application forms   for the skills , trade   training programmes that will take place in accredited skills acquisition centers and vocational  workshops across the state. Upon   successful completion of the training, participants will be assisted with a starter pack with which to start a small scale enterprise under the strike supervision of the state government.

According to Governors Okowa, 6000 jobs will be created in every six months in the state following this work plan on  job creation scheme, which translates to 48,000 jobs to be created  in the next four years of his administration.      

In pursuance of this objective , Okowa had said , “I shall engage the youth in farming by encouraging cluster farming, supporting and promoting out-growers associations. Robust and focused agricultural extension services will be put in place to support the farmers. Input provision, mechanization and cooperative farming will be aggressively pursued… It is my earnest desire to encourage and create the enabling environment for commercial farming to drive through the private sector and public-private-partnership. I will ensure the active participation of the Local Government Areas in the development of agriculture, by this, the revenue of the state would have improved.”

Peace and Security:

Acknowledging that no society can grow with peace and security, Okowa has promised to take appropriate measures to sustain, increase, and even introduce new measures to contain and tackle the sources which breed and encourage insecurity. He has said enabling environment would be created for local and foreign investors to come into the state.

To this end, since assumption of office, Okowa has been holding consultation, with critical stakeholders and heads of security agencies, like the State Commissioner of Police, Director State Security Service (DSSS) the Army Navy, Nigerian Customs Service and Civil Defense Chiefs.  Okowa has also consulted with Traditional rulers , chiefs and village heads on ways and means of ensuring that there was lasting peace in the state.

Urban Renewal and Education

With one week of  assumption of office,  Governor Okowa  sent the Delta  State  Technical  and Vocational  Education  Board  Bill , 2015, and  Delta  State  Capital  Territory  Development  Agency  and  the Governing Board Bill, 2015  to the  Delta  State  House of Assembly ( DTHA) for  consideration  and passage . The two bills  passed  by  the  House  and signed  into law  by the governor  were  part  of the  promises  Governor Okowa  made to Deltans  in his inaugural speech.

The two  bills the governor  forwarded  to the house  were part  of the strategic  plans of hios administration  to actualize  the SMART agenda  of properity  for all  Deltans . Like  the DELTA State  Technical  and Vocational Education  Board  Bill , 2015, passed  by the House ,  its policy  is well conceived by the present administration . The  objective  are aimed at stimulating  and encouraging  pre-vocational  and general  technical  education  in schools  not only as a basis  for creating  early  technical  awareness , but also to provide suitable  orientation  for further  education  and training  in technology  and provide direct practical  skills  for earning a living.

Already, construction and   renovations works   have commenced in Agbor, Sapale, and Ofagbe Technical Collages, out of the existing six technical collages in the state.   The aim is to inculcate in the people of Delta the attitude of respect for and appreciation of, the  role of technical  and vocational  education  in society.

Also, the passage of the Delta State Capital Territory Development Agency and the Governing  Board Bill, 2015 is aimed at formulating policies  and guidelines  for the development  of the state capital territory , conceive , plan and implement , in  accordance with  set rules and regulation , projects and programmes for the sustainable development  of the programme   for the sustainable development of  the state capital  territory, prepare master plans and  schemes  designed to promote the physical  development of the  capital territory  as well as tackle ecological and environmental problems.

In this respect Governor Okowa said, “During my tenure as Governor, at least, one city or urban settlement in each of the 10 federal constituencies will be designated for comprehensive renewal.”  In doing this, the Governor-elect vowed to focus on creating and improving on the internal road networks, dualisation where necessary, drainage, construction of bridges and flyovers, erosion control, modern transportation facilities, and provision of electricity and other public utilities. “The development of roads, bridges, and ancillary infrastructure will not only ease commercial activities and consequently, enhance economic growth and personal well-being of Deltans, it will attract foreign investors to the state, and indirectly add advantage to the state’s revenue”, he was sure.

Marching words with action, Okowa, a forth night ago approved the dualisation  of the  Nnebisi  /Cable  roads  in the state capital , and the construction  of  a modern market  in Orerokpe , Okpe Local Government  area, comprising  196 open shops, 28 lockup  shops among other facilities, and rehabilitation  of a 20 bed cottage hospital in Abavo.

DESOPADEC

Just last week, Governor Okowa signed into law Delta State Oil Producing Areas Development Commission (DESOPADEC) amendment bill. According to the governor, the bill now signed into law is to give strength to the Delta State  Oil  Producing  Area  Development  Commission (DESOPADEC) by restructuring  the board  and management ,  in line  with the Niger  Delta  Development  Commission(NDDC) model.

Public Service:

Having come to a good understanding of the progress and challenges in the management of service delivery in the state, Okowa has vowed to reposition public services in the state for better reward and performance. “I am determined to create a virile civil service whose full potentials will be developed through proper recruitment and focused capacity building. Integrity, hardwork and honesty will be rewarded”, he said. Through this, he was sure, the civil servants will deliver effectively and the revenue base of the state will jack up without stress.

Housing:

He has vowed to articulate and land management policies that will deliver sustainable housing programmes in the light of massive influx of Deltans and immigrants into the key cities of the state by fostering synergy among the activities of the Ministry of Housing, local government and related agencies such as Delta Development and Property Authority (DDPA) amd Delta State Oil Produding Area Development Commission (DESOPADEC). He has similarly said private sector will be encouraged to participate meaningfully in investment in housing through institutional incentives that will be put in place for the Master Plan that will be developed for the major towns and settlements within which programmes can be developed for residential, commercial and industrial real estate that will be generating income to the state.

Health:

Okowa has come to understand as a Medical Doctor-turned politician, that “ Health is wealth.” He has therefore vowed to consolidate on the gains in this sector by his predecessor. Besides that he was deeply involved as a Senator in promoting necessary legislation to sustain and advance the course of health and medical practice, he has said his administration will vigorously pursue best practices, grow the institutions of health, advance the quality of health and medical practitioners. He said his administration will pursue a legislation that will support and promote UNIVERSAL HEALTH INSURANCE POLICY for the people of the state, and even take cognizance of the Teaching Hospital at Oghara, while other hospitals across the state shall be developed, equipped and staffed to promote specialist services in various fields of medicine.

To this end, he  sent a bill  to the State House of Assembly titled ; Delta State Contributory Health Commission Bill 2015, which is undergoing consideration. 

He said his administration will also train existing health personnel and engage more community health extension workers and sanitary health workers to boost primary health care / sanitation.

According to him, proper inventory and internal visitations of all medical and health institutions shall be undertaken with a view to improving upon the existing ones and establishing new ones where necessary. By this, the state, according to him, can be sure of healthy civil servants, living in good environment for better performance and achievement of organizational set goals.

PRINCE VICTOR EFEIZOMOR IS   GOVERNOR OKOWA’S   SPERCIAL ASSISTANT ON MEDIA (PRINT)

Brace up for challenges ahead, Okowa orders new DESOPADEC Board

Governor Ifeanyi Okowa Friday morning inaugurated the newly constituted 14- member of the Governing Board of the restructured Delta State Oil Producing Areas Development Commission (DESOPADEC) with a charge on them to brace up in tackling the challenges of their new assignment.

He reminded them that their appointments are coming at a critical time in the nation’s history with declining oil revenue that has brought the plight of the oil producing communities into sharp focus. “I will like to stress that it is no longer business as usual. The new DESOPADEC has no room for incompetence, selfishness and greed. The situation calls for discipline, sacrifice and prudent management of our resources for maximum benefits to our people. This is the challenge that you face in your new assignment,” Okowa said.

He admonished them to manage the affairs of the Commission with great wisdom, tact and high sense of responsibility, and always involve host communities in their decision making process to foster peace and development in those communities. “I encourage you to use the bottom-up approach; the communities should determine the projects they want in their areas. With this peace will reign and development enhanced.

“I enjoin you to imbibe the principles of fairness, equity and justice that are the watchword of this administration. This administration will not hesitate to sanction any erring board member in accordance with the provisions of the new law. It is of vital importance that members of the board avail themselves of copies of the law, my inaugural address and my maiden address to the House of Assembly to get acquainted with the policy direction of this administration,” the governor said.

He also appealed to all stakeholders, especially youths, indigenes and communities to co-operate with the new board by giving it a chance to succeed. “Everything must be done to bring development to our people,” Okowa said.   

To drive home the point about why the new DESOPADEC Board must exhibit discipline and prudence in managing the affairs of the commission, the governor recalled that the inauguration is the climax to events leading to the making of the new DESOPADEC Law, a fulfillment of his pledge to give strength to the law by restructuring the board and management in line with the Niger Delta development commission (NDDC) model through an Amendment Bill.

“Under the new structure, there is a Governing Board comprising a chairman, managing director, four executive directors, and nine representatives of oil producing areas in the state with at least two from each senatorial district. Also listed in the board are one representative each from the state Ministries of Finance and Economic Planning.

“The managing director and the executive directors are responsible for running the day-to-day affairs of the commission, while the commissioners are to draw up the project needs and environmental concerns of their communities and present to the board for consideration,” Okowa charged.

He called their attention to the principle of continuous improvement as a key driver of economic growth and social development, and which is all about the continuously improving the systems and processes of governance to optimize organizational performance and enhance service delivery. “The new DESOPADEC structure provides for sound corporate governance in line with international best practices. It is expected to put the commission on a stronger footing to better meet the developmental needs of ethnic nationalities in the oil producing areas,” Okowa said, declaring that the principle of continuous improvement also necessitates change in thoughts and practices leading to new organizational culture for sustainable development.

 “It is, therefore, my earnest expectation that the new structure will foster a culture of team work, greater efficiency, and excellence in leadership. From today, I expect to see greater efficiency and excellence in leadership. From today, I expect to see greater transparency and accountability in the running of the affairs of the commission,” he directed.

Members of the new board include:

·         Hon. Godwin Ebosa (Chairman);

·         Chief William Makinde (Managing Director);

·         Chief Askia Ogieh (Executive Director);

·         Hon. Chris Ochor Ochor (Executive Director);

·         Mr. Philip Gbasin (Executive Director);

·         Engr. Oritsetetimeyin Victor Wood);

·         Chief Amos Itiwhe (Representative of Oil Producing Areas in the State);

·         Chief Pius Ovbije (Representative of oil producing areas in the state);

·         Mr. Jonathan Amitaye (representative of oil producing areas in the state);

·         Hon. Ovie Oghoore (representative of oil producing areas in the state);

·         Chief Thomas Ereyitomi (representative of oil producing areas in the state);

·         Mr. Nnamdi Ezechi (representative of oil producing areas in the state);

·         Hon. Fidelis C. Oputa (representative of oil producing areas in the state); and

·         Chief Favour Izuokumor (representative of oil producing areas in the state).

The new Chairman of the commission, Dr. Godwin Ebosa expressed gratitude to the governor for finding them worthy of their appointments, and assured him that in the performance of their duties they will be guided by the SMART agenda of the government the governor’s resolve to provide prosperity for all Deltans 

PDP, INEC Accuse APC, O’tega of stalling Election Trial

·         APC pleads for time to Certify Documents

The Independent National Electoral Commission (INEC) and Peoples Democratic Party (PDP) have accused the All Progressive Congress (APC) and its gubernatorial candidate in the governorship election in Delta State, Olorogun O’tega Emerhor, of stalling trial in the election petition they filed challenging the victory of Governor Ifeanyi Okowa at the April 2015 polls.  
At the resumed hearing at the Election Petition Tribunal sitting in Asab, Thursday , counsel to APC and O’tega , Chief Thomson Okpoko (SAN) had moved a motion praying the court for adjournment to enable him get  certified  copies  of his petition documents from INEC. 
He had argued that most of the documentations were not properly certified as stipulated by the Supreme Court, adding that the true  and proper certification would be done by INEC administrative secretary. 
But  INEC counsel Chief Damien Dodo (SAN) raised an objection , saying that APC and O’tega’s in ability to secure a genuine certification was an act of negligence as they have all the  opportunity to do so before approaching the  tribunal.
He prayed the court not to grant APC another adjournment as that would amount to stalling the trial, noting that  ample time have been lost since the tribunal commenced sitting.
He argued further that the trial can go on, and that APC and O’tega can submit whatever document in their possession whether certified or not, as the tribunal would give them the opportunity of sending in their documents on or before the end of the trial.
He averred that INEC can avail them the opportunity of using its documents to continue with the trial as both parties will be relying on the same paper to present to the tribunal. 
Arguing in the same vain, counsel to PDP , Akinlolu Timothy Kehinde (SAN)  urged the tribunal not to grant APC the adjournment, saying that doing so would mean overreaching the petitioner and thus delay the proceedings.
He  pointed out that “the documents were certified and given to  the petitioners in February 15, while we responded, we submit that , it  will be an  act of bad faith  for the petitioners  if they  just discovered  the imperfection in their certification , it is trite law, public documents  that has not been certified can be put in  after which  it can be certified. 
He lamented the incessant request for adjournment from the petitioners, pointing out that the tribunal had already granted  such request on 25, 26, 27, and 28 of August 201., He submitted that any further request for adjournment for the  purpose of certification of documents would amount to injustice on the part of the respondents and the general public. 
Dr. Alex Izyion, (SAN), counsel to Governor Ifeanyi Okowa, in his submission prayed the court to dismissed the motion saying that the petition is sue jeneris as  the tribunal has little or no time  left, adding that Section 46 of the Electoral Act  limits the request being sought. 
Chairman of the three-man panel tribunal , Justice Nasiru Gunmi in his ruling said it has become necessary to grant the petitioners time to regularizes their document as that will ensure that the parties are  giving fair hearing, He  therefore adjourned the matter till September 4th, 2015 for continuation of trial.  

Why we engage youths, communities, by Okowa

Delta state Governor, Dr. Ifeanyi Okowa says the provision of basic social infrastructure and youth engagement would engender a peaceful and secured society

The governor who spoke Thursday in Asaba explained that though security agencies played a major part in ensuring the safety of lives and properties, the provision of programmes to engage the youths and the communities was also a sure way of maintaining peace in the state.

According to him," Ensuring that our state is peaceful and secured is not just about the security agencies and the structures that we have, because if you have an educated populace who are doing well you are more likely going to have a very peaceful environment and when you have a very hungry populace who are ignorant you are likely going to tackle a lot of security issues going forward''.

"We have continued to build into the consciousness of our people that we need peace to grow as a state, we need a peaceful environment if actually we are going to attract investors and industries into our state and the people have come to realize now that it is so much better to live peacefully among ourselves and see ourselves as one people.

"We are trying to deepen that peace now because one of our SMART agenda is to proactively build peace", the governor added.

He explained that the state government was partnering with traditional rulers, and other stakeholders especially the youths on the need for a peaceful environment so that development can take place, asserting that "We also leverage in getting the traditional rulers to understand that they have a role to play so we must keep a very close relationship with them and also engage them in trying to play some roles in securing peace in their various domains. We also understand that the youths are important, and if you have flash point areas; over time we have been able to identify youths who are leaders within their various communities, and we have to find a way of getting them to buy into the peace program.

"This, we believe, will help us influence positively their peer group and make them understand that we need to keep a peaceful environment, and that we can actually live as one and be our brothers' keeper.”

Governor Okowa said his administration has designed programmes to take idle youths from the streets and turn them to entrepreneurs stating: "We believe that the best thing to do is to have a peace building process, an engagement process that takes away the idle youths from the streets so we are beginning  to design programmes that can create wealth and jobs for our youth. We started programmes such as Youth Agricultural and Entrepreneurial Programme and the Skill Training and Entrepreneurial Programme''.

The governor commended the security agencies for their efforts in curbing crime in the state, pointing out that further collaboration as well as intelligence gathering and sharing would go a long way in providing lasting peace in the state.

Muslims praise Okowa for creating enabling environment for religious peace in Delta

Governor Ifeanyi Okowa of Delta State has been commended for being the first since the creation of the State 24 years’ ago to bring Muslims and other religious bodies together through physical interaction towards establishing religious peace in the state.

Alhaji Lawal Imam, vice chairman of Non-Indigenes Association of Delta State made the commendation when the Executive Assistant to the Governor on Religious Matters, Bishop Greatman Nmalagu visited the Cable Central Mosque, Asaba and addressed the leadership and worshippers on Governor Okowa’s gospel of peace and the SMART agenda.

Welcoming Bishop Nmalagu to the mosque, Alhaji Imam said: “This is the first time we are witnessing a Christian leader coming and stepping into the mosque with a government message of partnership with Muslims in the state. We have never witnessed it. This is why we seeing in this move a good omen that speaks well about the disposition of Governor Okowa to mean well and do well.”

Earlier, Bishop Nmalagu had conveyed the Governor’s message of commendation for the contributions that they have been making through the peaceful practice of the Islamic religion. “You have been engaged in lawful activities and bringing unity in Delta State. I am here on behalf of the governor to seek your partnership with Delta State. Delta State is a state with different religious bodies, Christians, Muslims and traditional religious believers,” he said.

He explained that Delta state believes in God, that Delta State belongs to God, and that the state believes in peace, which is an integral part of the SMART agenda of Governor Okowa that is put in place to bring prosperity to all Deltans. “Take every one around you in Delta State as your own. We have only one governor in this State. Partner with us in peace making, and you are free to make your genuine and lawful investments in the State,” Bishop Nmalagu said.

In his response, the Chief Imam of the mosque, Alhaji Umar Aliyu expressed gratitude for the visit of the governor’s aide. “We are very happy today. We have been in Asaba even when the State was created 24 years ago. We thank God for the grace to see the 24^th anniversary of the state. We pray for wisdom for the governor. May God lead and guide the leaders in the fight against corruption and other vices,” the chief Imam prayed. 

Delta Guber: Drama in court As Ogboru’s lawyer fidgets

It was drama in Asaba when in what observers believe to be apparent fear of the likely outcome of his motion, the counsel Mr. U Onwukwe prosecuting the election petition by the Labour Party’s (LP) gubernatorial   candidate, Chief Great Ogboru, challenging the victory of Governor Ifeanyi  Okowa at the polls, hurriedly ate his vomit and asked  the Delta State  Election Petition Tribunal Thursday for adjournment to enable him  get ready   to examine his witness.

At the resumed hearing of the matter Thursday, Onwukwe had expressed dissatisfaction with the tribunal for allowing the All Progressive Congress (APC) matter and Peoples Democratic Party (PDP) cases take precedence over his own cases.  

Onwukwe, who stood in for Mr. Dele Adesino (SAN), lead counsel to Ogboru, prayed the tribunal to allow his matter to be called so that his witness can mount the witness box.

After much pleading from Dr. Alex Izyion(SAN) counsel to governor Okowa, counsel to PDP Mr. Timothy Kehinde(SAN) and Mr. Damian D. Dodo,  counsel to INEC , Onwukwe stood his ground that rather than adjourn  his case , he was ready to go on with the matter, claiming that his witnes , a staff of the Independent National Electoral Commission ( INEC) had limited time to be way from her duty post in Abuja.

 But Akinlolu Timothy Kehinde (SAN), PDP counsel argued that  the  “witness  has not written to be absent from court; she is duty bound to be available day- to-day until your lordship feels that her services are no longer require. The whole of next week will be very convenient. If she comes on Monday, give her evidence and go on with the other witness that they want to present.

“ I suggest that tomorrow will not be convenient looking at the entire circumstances, especially taken into consideration the eagerness of APC to conclude their case. By every parameter, the APC commenced first before that of Labour Party. LP can have the whole of next week to conduct their cases as APC took the whole of this week to prosecute their cases”.   

Dodo (SAN) INEC counsel, adopted the positions of Kehinde and Iziyon, saying that, “we believe it’s better to have APC close its case, and it goes away for one week or 10 days, then LP can open its case. With that the court’s records will be tidier and more organized. Let’s conduct the case in an orderly manner, instead of closing at 6 pm, we can stay till about 9 pm to 10 pm.

But Onwukwe said on the issue of tidiness, the records are different, as APC record will be different from LP record.  We came here for the hearing of our matter; they cannot be complaining of taking  their  time; it’s my time they are taking, and I am not complaining. It’s important to state that this matter was adjourned for 20 of August, 2015 and because of their motion, the matter was further shifted, we cannot continue like this,” Onwukwe submitted.

Chairman of the Tribunal, sensing a possible legal confrontation between Onwukwe and the legal giants acceded to Onwukwe‘s request and asked him to call his witness and commence his cases.

But in a dramatic turn, Onwukwe after announcing his appearance and the names of his witness, simply said, my lord, we are conceding, let the matter be adjourned till tomorrow to enable us examine our witness and continue with the trail.

Onyeobi applauds Ogbogu’s post, urges govts to take advantage of agric sector for job creation

The Iyase of Asaba, Chief Patrick Isioma Onyeobi on Thursday congratulated Mrs. Ifeanyi Ogbogu on her appointment by Governor Ifeanyi Okowa as Special Adviser to the governor on agriculture with a call on her to work assiduously to justify the confidence reposed in her for the appointment.

Onyeobi, a former head of service and former Secretary to Government of the defunct Bendel State also praised Governor Okowa for deeming it necessary to extend appointment to an indigene of Asaba, thereby easing the anxiety over the non appointment of an Asaba indigene in the distribution of appointive political offices.

Onyeobi who spoke while receiving in audience the new special adviser who came on a familiarization visit to him said it is a good thing that government by the appointment is giving agriculture the right attention. “Oil is a wasting resource. The future of the country is in agriculture. Attention must be shifted in the direction of agriculture as it has the capacity to absorb the teeming unemployed youths into gainful employment,” he said.

He commended Governor Okowa’s SMART agenda for its focus on agriculture as a means of creating employment opportunities for our teeming unemployed population. “The insecurity we have in the society is the result of persons not being in gainful employment, for no one in gainful employment will ever have time to indulge in crime,” he said.

Onyeobi, a foremost civil service technocrat has been involved in agriculture since he retired from the civil service and has been involved in the production oil palm and the production of palm oil called on the governments both at the Federal and state levels to be fair to all in the political and social strata of society without neglecting any segment in the matter of governance. For him, doing this will go a long way to assuage the feelings of indignation and injustice by people who feel unjustifiably neglected in the political scheme of things, and in governance.

He recalled the recent comment of the UN Secretary General Mr. Ban Ki-Moon who said that injustice was responsible for insurgency and other political unrests that have created insecurity being experienced across the globe. “Governments must be sensitive to matters of injustice and try to be fair to all,’ Chief Onyeobi counseled.

He advised Mrs. Ogbogu, a graduate of agricultural management from Ahmadu Bello University, Zaria, Kaduna State, to remember Asaba for good as she performs her duties as special adviser to the governor on agriculture. “You are first an Asaba woman before you are a Deltan,” he said.

Mrs. Ogbogu, an indigene of Asaba, in Oshimili South by birth but married in Ogwashi-uku in Aniocha South told Chief Onyeobi that she came visiting with him to seek her fatherly counsel and support in the assignment given to her as special adviser to the governor on agriculture. “The appointment was a pleasant shock to me. I received a call from the State chairman of the Peoples Democratic Party (PDP) that I should go and collect a letter from the office of the Secretary to Government of Delta state. And when I went, I was handed a letter of appointment as Special adviser to the governor. I have, therefore, deemed it fit to come to you as an elder to guide me and to ask for your support,” she said.

Chief onyeobi prayed for her success in her new role, and expressed the confidence that he had no doubt that she will do well in that office as she is fully qualified for the job.    

Delta guber trial: Objections to documents are issues of law, says Iziyon, Kehinde, Dodo

Although the ruling at the Governorship Elections Petition Tribunal in Asaba was against their submissions and averments, but counsels to the three respondents at the on-going Governorship Elections Tribunal I Asaba Delta state, Dr. Alex Iziyon (SAN) for Governor Ifeanyi Okowa, Akinlolu T. Kehinde (SAN) for Peoples Democratic Party and Damian D. Dodo (SAN) for Independent National Electoral Commission (INEC) have stood their grounds, insisting on their submissions that documents filed by the petitioner, Chief O’tega Emerhor, the All Progressive Congress (APC) governorship candidate in the April 11, 2015 governorship election did not substantially comply with the provisions of the law in filing the documents.

Raising the first objections, Dr. Iziyon argued that the documents filed by the petitioner had admissibility problem because the document tendered is different from an earlier document listed in the petition. He pointed out that what was listed in the petition and front-loaded is the first document. He identified that document as the one dated April 29, 2015 and listed in the list of unit results of the governorship. “I submit that where what is specifically listed is different what is tendered the same cannot be listed. I rely on Atanda Lawal and others against Magaji 2009,” Iziyon said.

The second objection was the one bordering on certification of document. He pointed out that the document tendered failed to meet the specification of section 84 of the Evidence Act. “The signature has to be in long hand. What is more worrisome, my lord, is that this document has only engraved stamp of somebody’s signature,” Iziyon argued, and cited some court precedents to prove his averment.

In his submission on the matter, Kehinde aligned himself completely with the submissions of Iziyon, pointing out that the second document sought to be tendered is not one to be tendered at this stage. “This document was not listed by the petitioners. It was not filed along with the petitions. It was not even pleaded and so it is irrelevant,” Kehinde said.

He continued: “Furthermore, the second document did not meet the requirement of certification as listed in the Supreme Court.” The Senior Advocate of Nigeria called the tribunal’s attention to 2011 17 NWLR paragraph 122, 1276 at page 240, especially page 262 paragraphs A-B. He argued that parties are bound by their pleadings, and pleadings are meant to be specific as documents to be relied on must be specifically pleaded. “We ask that it be discountenanced,” he said and referred to Agboola v UBA, reported in 2011 11NWLR part 1258 page 375, especially at page 397 paragraph g and h, a Supreme Court case, which says “Parties are bound by their pleadings.”

Kehinde then urged his lordships to reject the two documents, asserting that the first document has not met all the requirements of the law. “We further submit that the first document is not the file copy. I refer to paragraph 14 of the petitioner’s pleading,” he said.

 Dodo, the INEC counsel said: “I fully adopt the objections as canvassed by the first and second respondents because it is an issue of law, and we are bound by the law as decided by the Supreme Court in the Omisore case.”

Chief Thomson Okpoko, (SAN), counsel to the petitioner in his response referred to paragraph 17, 14 and 15 of the petitioner’s reply to the first respondent, and in paragraph 14 of the petitioner’s reply to the reply of the first respondent.  “So, having pleaded these matters, were they overtaken by surprise? There is no way they could have been surprised. In the list, we listed under item three, the April 11, 2015. I submit that they could not be surprised,” he said.

“On the problem of certification, this is under section 104 (2) which state that “the official must state his official title. On the certified true copy , I submit that the certification is not only on one page, but every page is signed with his name,” Chief Okpoko said.

He continued: “The second one is still the same, certified true copy. The certificate itself is certified in the same manner. Both documents satisfied the criteria of the law. On the point that the documents were not listed, I have shown that they were listed. On the contention to front load, this is strictly not necessary. Yusuf Suleiman Lasun v Leo Edejare reported in 2009, 16 NWLR, part 1168, page 513 at page 548. As long as we have raised the issues germane to the petition, any document we have listed is acceptable because the facts that covered the documents relevant to the case have been pleaded. The witness has produced INEC accreditation report, and it is known throughout the pleadings.”

Tribunal Chairman, Justice Nasiru Gunmi ruled that the documents met the specifications of the law, and “are therefore admitted in evidence and marked Exhibit P1A.  

 Answering questions from journalists after the Tuesday sitting, Dr. Iziyon said he was satisfied with what transpired at the tribunal. “Why would I not be satisfied? That is the law. We have raised objections; we are consistent with it. It will be on record. For record purposes let it be there. But that does not detract from the substance of the evidence. Without prejudice to those objections we took the witnesses up and then you saw what transpired.  We cannot go into the merit of that one. The important thing is that the witnesses are giving evidence. You were there, you saw everything,” Iziyon told journalists.

The petitioner, Olorogun O’tega Emerhor, who was in court also on Tuesday told journalists after the day’s sitting that the matter at the tribunal are very technical matters. “I think both sides are showing the arguments, and I have absolute confidence in the ability of the tribunal to dispense justice. I don’t want to say we did very well, I think that the case is going on very well,” he said.

Answering another question, he said: “As the petitioner, of course, I would like to win. We think we have a good case; that is why we brought it to court. And we are hoping, and my lawyers are doing their work. Their lawyers are doing their work. Ultimately, we will live by the judgment that will come.”