DESOPADEC Gets Governing Board

·           Okowa nominates 13 for screening, approval by the Assembly

Governor Ifeanyi Okowa of Delta State has proposed 13 persons for consideration of the House of Assembly for screening and approval for appointment as members of the Governing Board of the Delta State Oil Producing Areas Development Commission (DESOPADEC).

The letter conveying the Governor’s request dated AUGUST 25, 2015 and signed by him reads: “In exercise of the powers conferred on me by Section 7, sub-section 1 (a) of the Delta State Oil Producing Area Development Commission Law, 2015, I wish to present the under listed persons for confirmation by the Honourable House for appointment into positions indicated against their names in the Delta State Oil Producing Areas Development Commission.

(i)                  Hon. Godwin Ebosa (Chairman);

(ii)                Chief William Makinde (Managing Director);

(iii)               Chief Askia Ogieh (Executive Director);

(iv)              Hon. Chris Ochor Ochor (Executive Director);

(v)                Mr. Philip Gbasin (Executive Director);

(vi)              Chief Amos Itiwhe (Representative of oil producing areas in the State);

(vii)             Chief Pius Ovbije (Representative of Oil producing areas in the State);

(viii)           Mr. Jonathan Amitaye (Representative of oil producing areas in the State);

(ix)              Hon. Ovie Oghoore  (Representative of oil producing areas in the State);

(x)                Chief Thomas Ereyitomi (Representative of oil producing areas in the State);

(xi)              Mr. Nnamdi Ezechi (Representative of oil producing areas in the state);

(xii)             Hon Fidelis Chukwuwinke Oputa (Representative of oil producing areas in the state); and

(xiii)           Chief Favour Izoukumor (Representative of oil producing areas in the State). 

Okowa Proposes 8 new Commissioners

·          Edevbie, Okenyi, Jude Sinebe make list

Speculation is rife that the Delta State Governor, Dr. Ifeanyi Okowa may have nominated eight to the Delta State House of Assembly to be screened and confirmed as commissioners.
Banner Media Network learnt that the nominees include:

·          Mr. David Edevbie, one time finance commissioner,  who contested the governorship primary with Okowa,

·          Mr. Patrick Ukah, who hails from Oshimili North;

·          Mr. Asupah Forteta;

·          Mr. Henry Sakpara, from Udu Local Government area;

·          Chief Dan Okenyi, a former Clerk of the House of Assembly, from Aniocha North ,

·          Mr. Mofe Pirah, from Warri South West;

·          Chika Ossai from Ndokwa East, and

·          Jude Sinebe, scion of the onetime Chairman of PDP in Delta State, Dr. Pius Sinebe.

If cleared by the House of Assembly, the nominees will join their 12 colleagues earlier confirmed and sworn-in as commissioners. 

Afareha is new President Rotary Club of Asaba Govt House

A new President to pilot the affairs of Rotary Club of Government House, Asaba for the 2015/2016 for Rotary International District 9140 has emerged. He is Rotarian Innocent Afareha.

He succeeded his predecessor, Rotarian Hope George, at a colourful installation ceremony on Saturday held at the Squash Club Main Hall, Asaba.

Shortly after his investiture, Afareha congratulated his predecessor for his invaluable achievements during his tenure. He announced that during his tenure, Rotary Club of government House, Asaba plan to undertake the following projects:

·         Provision of borehole with overhead water storage tank at Ugbolu community;

·         Provision of two blocks  of toilets at Anwai Primary School;

·         Provision of two blocks of toilet at Akuebulu Secondary School;

·         Donation of pepper grinding machines to widows;

·         Donation of food stuffs and other items to inmates of Ogwashi-uku Prison;

·         Donation of food stuffs and other items to orphanage homes

·         Provision of N5,000 mosquito nets to pregnant women and new born babies in General Hospital, Asaba;

·         Breast cancer awareness campaign and free screening ;

·          Free random blood sugar and blood pressure test;

·         Vocational training youth empowerment ;

·         Peace and conflict resolution seminar; and

·         Polio awareness campaign.

“We are committed to delivering the above projects this Rotary year,” Afareha said and pleaded for generous donations to enable him and his team to succeed.

Delta Guber: Tribunal Dismisses APC, O’tega’s requests for Time Extension

The All Progressive Congress (APC) and its governorship candidate in the April 2015 elections, Olorogun O’tega Emerhor lost their motions when they failed on Monday to persuade the three-man panel of the  Delta State Governorship Election Petition Tribunal,  chaired by Justice Nasiru  Gunmi which threw out  another set of  five motions brought by the party and its candidate.

Emerhor and the APC had urged the tribunal to grant them enlargement of time to enable them provide additional information to their petition.  The motion also sought the tribunal’s permission to compel PDP and INEC to furnish the tribunal with more facts about the petition. 

Dr. Alex Iziyon (SAN) counsel to Delta State Governor Dr. Ifeanyi Okowa, stoutly opposed the application arguing  that Section 45(1) of the Electoral Act is not a magic umbrella, adding that the Act forbids the tribunal the powers  to grant the  application. He submitted that rules advanced by the petitioner are not tenable.

Counsels to Peoples Democratic Party (PDP) and the independent National Electoral Commission (INEC)  A.T. Kehinde  and Damian D. Dodo (SAN) respectively ,  also opposed the application, relying on Section 285(1)  of the Constitution of the Federal Republic of Nigeria and Section 134 of the Electorial Act. They argued that the combined effect of the two sections prevents the tribunal from granting the extension  of time. 

Tribunal Chairman, Justice Nasiru  Gunmi, in his ruling on the motion upheld the submissions of the respondents’ counsels declaring that the application lacked merit because it violated  Section 17(1)(2)  of the Electoral Act, as Emerhor and APC  failed to keep within the time limit of 10 days  within which  to file their motion.   

“If  a party in an election petition  wishes  to have  further  particulars or other directions about the tribunal, such party may do so at  any time but not more than 10 days after the filing of the reply from the respondents”, Justice Gumi said, pointing out that if the party does not apply as provided for in  the Electoral Act , it is  taken that they do not require any further particulars or direction", and the prayers  shall be granted.

He held that the applicants’ application is in breach of Section 17(1) of the first schedule of the Electoral Act, which requires the applicants to file their application within 10 days, as the time allowed has expired, and that the question now is whether the tribunal can extend the time. “In a situation like this, the tribunal is bound to exercise its powers as contained in Section 17 (1) of the Electoral Act.  Equally Section 17(2) prohibits this tribunal from extending time, it restricts the tribunal from exercising such power for time extension” , Justice Gumi said.
He ruled that “If the tribunal lacks powers to grant a particular relief, it is duty abound to refuse such application, in the end we agree with the submission of the respondents’ counsels (PDP ,INEC) ,  in the end we refuse this application and it accordingly dismissed”. 
Counsel to Emerjor, Thompson Okpoko argued earlier that Section 17(1) (2), of the Electoral Act permits what his client was asking for. He argued that if a party to an election petition wishes to have better and further particular, he could apply to the tribunal. He argued that  by reason of that provision that has prompted them to file the motion  for time enlargement the application was brought because they were unable to meet the stipulated time as contained in the electoral act.

In a similar motion brought by APC and Otega, through its counsel, Mr. Okpoko, the petitioners sought the  leave of the tribunal  to call  for seven additional witnesses but it was opposed by Dr. Iziyon who submitted that the petitioners failed to carry out the mandatory front loading in their previous petitions and motions and urged the court to also dismiss the application.

The tribunal will on Wednesday 5^th August, 2015 rule on  whether to allow the APC and O’tega to call  for   seven additional witness in the petition.    

We won in the field, we shall win in the court, says Delta PDP

·        *  We shall claim victory, says Labour Party

The Peoples Democratic Party (PDP) in Delta state says it welcomed the decision of the Governorship Election Petition Tribunal which threw out its motion that sought to disallow the Labour Party’s governorship candidate in the April 10, 2015; Chief Great Ovedje Ogboru from calling additional witness after the pre-hearing time had lapsed. It pointed out however, that it is encouraged by the position of the tribunal that bringing in more witnesses will not affect the trial.

Chief Ogboru is challenging the victory of the PDP governorship candidate Dr. Ifeanyi Okowa at the tribunal, which on Saturday dismissed as unmeritorious the three motions brought by Governor Okowa, the PDP and the Independent National Electoral commission (INEC). The motions had urged the tribunal to stop Ogboru’s application to call more witnesses after the time allowed by the Electoral Law had lapsed; arguing that allowing such would amount to Ogboru bringing in a witness surreptitiously.

But the tribunal disagreed with the averments of the respondent- applicants, declaring that there is no sufficient reason to persuade the tribunal to invalidate the subpoena already issued for Ogboru to produce more witnesses, and so could not set aside the subpoena issued.

Reacting shortly after the ruling, State Assistant Secretary of PDP, Mr. Sunday Onoriode literally said the party had taken the ruling in good faith since the tribunal has said that admitting more witness after the pre-hearing period has lapsed will not affect the case. “If you follow the ruling, you can see that the case is very clear. There are those things that the PDP objected to like the tendering of documents.  The tribunal has made the case better, and we are very, very sure; we are confident. We won in the field and we are going to win in the court,” Onoriode pontificated.

Also in his reaction, the State Chairman of Labour Party (LP), Chief Tony Ezeagwu said the ruling in his party’s favour was expected because they knew it wouldn’t have been otherwise. “Because there is no way you will beat a human being and ask the man not to cry. If you look at the scenario, INEC conducted the election. What we are saying is that INEC should come to court. The tribunal says that what they are doing is very genuine, but unfortunately they are not interested in doing that. But we all know that what they are doing is to buy time,” Ezeagwu said, adding: “It is not as if those who filed those motions did not know that the motions will not sail through. They filed them so as to delay the hearing of the substantive petition. Today (Saturday, August 22, 2015) is the 113^th day. What they are doing is to make sure that they manipulate and see how to delay the hearing until the time is elapsed.

“But I assure you that by the grace of God we are going to claim the victory, the Labour Party chairman said.    

Tribunal to Okowa, PDP, INEC: Your motions are unmeritorious, Dismissed

The Governorship Election Petition Tribunal sitting in Asaba, Delta state capital  on Saturday threw out the three motions brought by Governor Ifeanyi Okowa, the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC) for being unmeritorious.

The tribunal headed by Justice Nasiru Gunmi subsequently fixed Thursday, August 27, 2015 for hearing to commence in the substantive petition filed by the governorship candidate of the Labour Party (LP) Chief Great Ovedje Ogboru challenging Dr. Okowa  as winner of the 2015 governorship election in Delta State.

The respondent-applicants had urged the three-man tribunal to set aside the subpoena it issued for Ogboru to  call witnesses to testify and tender documents. The tribunal after examining the issues before it asked: “ What should constitute extreme circumstance that will require an applicant to bring witnesses or affidavits in support of their various motions to warrant the granting of reliefs to bring their witnesses after the pre-hearing  session”. It declared: “We have critically examined the averments by the respondent-applicants in support of their various motions but we are not able to identify any averments that suggest circumstance about extremes that would have moved us to grant the reliefs sought without hesitation.”

It said the fact that documents were not listed as documents to be relied on at the trial can only be discussed when the documents are presented and are admitted by the witness subpoenaed and not otherwise. It also held that there is no sufficient reason to persuade the tribunal to invalidate the subpoena already issued by it.

“In the final analysis, we are of the view that the respondent-applicant has not provided good reasons for this tribunal to set aside the subpoena issued,” it said, adding that the motions of the respondent-applicants are unmeritorious, and that the tree motions are therefore dismissed.

Banner Media Network recalls that the tribunal gave a similar verdict last Friday against Okowa, the PDP and INEC in the motions they brought against Chief O’tega Emerhor of All Progressive Congress (APC) in a petition in which Emerhor is also challenging Dr. Okowa as the winner of the last governorship election in the state. In their ruling the tribunal dismissed the three motions by Okowa, PDP and INEC that asked the tribunal to set aside the subpoena issued for Emerhor to call witnesses to testify and tender documents.

The ruling in favour of Emerhor therefore cleared the way for the commencement of the substantive  petition to be heard on Tuesday, August 25, 2015.   

Okowa, PDP tackle APC, Emerhor over failure to give witness details

Hearing of the substantive petition brought by the All Progressive Congress (APC) and its defeated governorship candidate Olorogun O’tega Emerhor at the Delta state Election Petition Tribunal in Asaba was stalled Monday when defense lawyers challenged the plaintiffs to prove their locus to call seven witnesses without providing them with details of the witnesses they intend.  

Chairman of the three-man panel of tribunal, Justice Nasiru Gunmi had slated Monday, August 17, 2015 for commencement of substantive trial in the petition filed by the APC and Emerhor challenging the victory of Governor Ifeanyi Okowa at the polls.

The tribunal had subpoenaed seven witnesses to be called by APC and Emerhor’s counsels to support their claims in the petition at the tribunal.

At the resumed hearing of the matter Monday, Counsel to Governor Okowa, Peoples Democratic Party ( PDP) and  INEC, Dr. Alex Iziyon (SAN) and A.T Keyinde (SAN) respectively,  raised a preliminary objection through  motion -on- notice,    challenging   the locus standi of APC and Emerhor to call seven witnesses without availing them  the opportunity of knowing the details of the witnesses.

Iziyon argued that “We were ready to start the trial for this week, in respect of the seven witnesses they listed, suddenly we were confronted with subpoena for four witnesses for Thursday, before then they had applied for leave to call additional witnesses which the tribunal refused, we have raised objection to the four new witnesses they are proposing to call.

“Even the witness statements have not been served on us, so the issue is whether the witness summons was appropriate in the circumstance. That is what we have raised for consideration. 

 “We are ready to go on with the substantive trial once the information we are seeking about witness summons are made ready to us. Let us open the box and see what is in it”, Iziyon submitted.

It was at this point that Mr. Thompson Okpoko (SAN) counsel to APC and Emerhor sought leave of  the tribunal for extension of time  to enable him respond to the motions as filed by INEC and PDP counsels.

After listening to the arguments of all the counsels, Justice Gunmi adjourned till Thursday, August 20^th, 2015 for hearing of the motion from the respondents.