- As Chief Koku Gariga vows Divine Justice
- PDP Jittery, Says they Asked Gov. Dickson To Obey Judgment
Three Council Chairmen in Bayelsa State had filed a suit at the Appeal Court challenging the ruling of the High Court, Yenagoa in Bayelsa State.
It will be recalled that Justice Ajuwa of the High Court in his considered opinion dismissed the suit against Chief Koku Gariga, Deacon Ineye Ingbaifegha and Chief Selekebina Saboh of Sagbama, Kolokuma/Opokuma and Ekeremor Local Government Areas respectively on the ground that; “the tenure of office of the three Chairmen does not take effect from the 18th day of December 2013 when they first took their oath of office and oath of allegiance.”
Counsel to the three Council Chairmen, Festus Keyamo, said the learned Justice Ajuwa of Yenagoa High Court misinterpreted the complaint of the three Chairmen and Peoples Democratic party and erred in law because by virtue of the provisions of section 27 (3) (a) of the Local Government Law Cap. 1.10 Laws of Bayelsa State 2006 the tenure of office of a Local Government Chairman is three (3) years commencing from the date when he takes his oath of allegiance and oath of office.
Adding further Keyamo backed his argument based on the decision of OBI V. INEC (2007) 11 NWLR PT. 1046, the tenure of office takes effect from the day the oath of office and oath of allegiance is taken. He further said the oath of allegiance and oath of office cannot be taken in proxy, stressing that once an act had been declared to be unlawful such an act no longer has any legal consequence law.
Meanwhile, a motion on Notice dated 26th March, 2013, brought by the Claimants/Applicant pursuant to Order 39 Rule 1 (1) & 2 and Order 55 Rule 1 (1) and Rule 3 (3) & (2) of the Bayelsa State High Court (Civil Procedure) Rules, 2010, “An Oder of Interlocutory Injunction restraining the Governor of Bayelsa State, the Chief Judge of Bayelsa State, Mr. Willie Oyadougha, Mr. Iselema Gbaranbiri and Mr. Tobiye Billy as Defendant/Respondent as Chairmen of Sagbama, Kolokuma/Opokuma and Ekeremor Local Government Areas, pending the determination of the Appeal against the judgement of High Court delivered on 27th day of March, 2013, filled at the Court of Appeal, Port Harcourt Division. Barrister Festus Keyamo disproved Justice Ajuwa that “the fact of the case as said in the affidavit in support of the summons.
The Claimants case is that based on the judgement of the Supreme Court in Suit No: – SC/127/2012 they were officially sworn into office by the Chief Judge of Bayelsa State on the 18yh day of December, 2012, when they took their oath of allegiance and oath of office. That upon assuming office, the Claimants proceeded to his noble Court for the interpretation of Section 27 (3)(a) of the Local Government Law Cap. L 10 Laws of Bayelsa State 2006 which provides for their tenure of office, which was dismissed by his court. Being aggrieved, the Claimants have filed an appeal against the said judgement.
That despite the pendency of the Claimants appeal, attempt are being made by the Governor of Bayelsa State, the Chief Judge of Bayelsa State, Mr. Willie Oyadougha, Mr. Iselema Gbaranbiri and Mr. Tobiye Billy as Defendant/Respondent as Chairmen of Sagbama, Kolokuma/Opokuma and Ekeremor Local Government Areas.”
However, sources close to the PDP told www.247ureports.com that it is surprising that this same matter has gone back to Court of Appeal for interpretation of Supreme Court Judgement which was delivered last December; “We advised the Governor but he is somebody that does not take to advice. We are afraid that our conduct of these local government elections might revise negatively to our party. Infact, we advice the Governor not to conduct the chairmanship election in those council but he said, as the Governor of the state he will go ahead to conduct the elections.”
This is suspicious and a doctored Judgment, a constitutional lawyer queried the judgement delivered by Justice Ajuwa of High Court in Bayelsa State. Meanwhile sources within the Appeal Court however, averred that; “Bayelsa is the only state in the South/South Region that do not obey Court Orders and Judgements, saying, this is not a healthy development and a wrong signal to the state judiciary. The former governor, Mr. Timipre Sylva was doing this but today he also resort to that same court were court orders and judgements were not honoured,” the source said.
The present Chief Justice of the Federation is a no nonsense person that believes that right thing must be done in every matter in the nation’s Judiciary, according to the source the CJN has set up secret task force to monitor and checkmate the Justices in Appeal/Supreme Courts of any fraudulent practice that may endanger her reputation before leaving office by 2014.