Posted by By Lillian Okenwa, Abuja on
With two years to go, pressure continues to mount on President Olusegun Obasanjo to appoint a Petroleum Minister as the Court of Appeal Abuja division has accelerated hearing in the appeal lodged by Niger Delta Democratic Union...
With two years to go, pressure continues to mount on President Olusegun Obasanjo to appoint a Petroleum Minister as the Court of Appeal Abuja division has accelerated hearing in the appeal lodged by Niger Delta Democratic Union (NDDU) challenging the decision of a Federal High Court, Abuja that legal action cannot be taken against the President following his inability to appoint a minister in charge of the petroleum ministry.
The decision was taken sequel to a request by NDDU that hearing be expedited so that judgment could delivered before Obasanjo leaves office. In conceding to the request, the Court agreed that failure to hear the case in good time would defeat the objective of the suit thereby reducing the organisation's efforts and to mere academic exercise.
The court which also heard and determined all preliminary applications relating to filing of briefs and abridgment of time to file processes later fixed October 18 for definite hearing of the appeal.
The NDDU had gone before a Federal High Court, Abuja seeking for an order of court, compelling President Olusegun Obasanjo to appoint, with immediacy, a minister who would oversee the running of petroleum resources ministry in the country. NDDU approached the high court through two of its members Messrs Austin Ayowe and Dafe Karl Chuks.
The request of the organization was however not considered on its merit. This was because the presiding high court judge in the case, Justice Stephen Adah had held in a ruling on a preliminary objection by the Federal Government to the hearing of the suit that the plaintiffs failed woefully to establish their legal rights to sue the president over non-appointment of oil minister.
The judge had consequently struck out the suit, saying he would not be able to go into the merit of the case as instituted by two of the group's members having woefully failed to show how the refusal of Mr. president to appoint petroleum minister had affected their personal interests over and above the public interest. The court had specifically held: "their claim that they are from Delta state which is an oil producing state is not enough to confer locus on them. They have not shown any special interest over and above others that has been affected or likely to be affected. The issue being raised is not personal to them.
"For them to have locus, they must duly show that their personal interests over and above the public interest have been affected. Since that has not been shown, this court will not be able to assume jurisdiction and the matter is hereby struck out."
Dissatisfied with the ruling, the plaintiffs approached the Court of Appeal asking it to void the high court's decision on the premise that it erred in law when it entered the verdict.
They also want the appellate court to direct the trial court to consider four fundamental and constitutional questions posed by it for the purpose of granting in its favour three declarative and two injunctive reliefs including:
"A declaration that the office and functions of the Minister of Petroleum Resources shall be exercised by a minister duly appointed for petroleum resources by the president of the Federal Republic of Nigeria;
"An order directing President Obasanjo to appoint a minister of petroleum resources in accordance with the mandatory provisions of the Petroleum Act Cap 350 Laws of the Federation of Nigeria, 1990 as amended especially section 15 thereof and section An order restraining President Obasanjo and the Petroleum Products Pricing Regulatory Authority (PPRA) from further exercising any function or powers of a minister of petroleum resources as set out in the said Petroleum Act, Cap 350, Laws of the Federation 1990 as amended;
"A declaration that the direct activities of the president of Nigeria and the PPPRA in respect of the ministry of Petroleum and or oil ministry since May 29, 1999 in the absence of a minister of petroleum resources is unconstitutional, illegal, null and void.
"A declaration that PPPRA does not have the legal powers to fix the prices of petroleum products, including fuel, kerosene and diesel under the Petroleum Act Cap 350, Laws of the Federation 1990, as amended.
Setting agenda for the intervention of the appellate court, Messrs Ayowe and Chuks formulated three fundamental issues for the appellate court to determine including:
"Whether from the originating summons and affidavits filed by the appellants in the lower court, they established sufficient interest, which conferred locus standi on them to bring the action;
"Whether in order for the appellants to have locus standi to challenge the constitutionality of executive action, they must show a special interest which is over and above the interest of other citizens of Nigeria and
"Whether the learned trial judge completely misunderstood the appellants case." In a 40-page brief of argument already filed at the Court each of the issues were argued with relevant authorities cited to get the court to void the decision of the lower court. Thereafter, they further prayed the court to set aside the High Court's ruling for the following reasons: "From the originating summons and affidavits filed by the appellants in the lower court, they clearly established sufficient interest and or locus standi to bring this action;
"The appellants also clearly established locus standi in public law to enable them challenge the unconstitutionality of the executive action complained of and "The learned trial judge completely misunderstood the appellants' case and thus robbed them of the opportunity of winning the case at the trial court."
The Federal Government is expected to file its reply to the appellants brief of arguments within 45 days reading from yesterday.
Respite for Nasir el-Rufai
Reprieve came for Minister of the Federal Capital Territory (FCT), Mallam Nasir El-Rufai as a Federal High Court, Abuja placed a lid on the implementation of the resolution passed by members of the House of Representatives barring him from ever holding public office in Nigeria. The order made by Justice Anuli Chikere came as a result of an ex-parte application the minister filed and which sought leave of the court for a judicial review of the entire proceedings that led to the said resolutions with a view to quashing it.
Chikere in granting the order said: "Leave is hereby granted the applicant as prayed. This order shall act as a stay of further action related to the resolution of the defendants pending the determination of the substantive matter".
Come June 30, the next date fixed for hearing, El-Rufai through his counsel, Chief Mike Ozekhome will make his submissions which bothers on the legal powers of the House to inquire into the alleged irregularities in the NITEL/MTEL/Pentascope deal.
El-Rufai in a sworn affidavit attached to the processes said that he was only being haunted because he refused to help Dr. Chiedu Odinma (the consultant hired by the House of Representatives to investigate him), secure appointment as the head of the Nigerian Communications Commission (NCC) or the Managing Director of NITEL.
He added that the report of the House Committee on Communication on which he was ticked off and consequently banned from holding public office was motivated by malice, said the minister in the affidavit: "I know one Dr Augustine Chiedu Odinma, the Technical Consultant engaged by the House of Representatives in its investigations into the alleged irregularities in the NITELMTELPENTASCOPE Management Contract.
"While I was the Director-General of the BPE, the said Dr Odinma approached me orally and also wrote to solicit my support and co-operation to influence his appointment by the Federal Government to head the Nigerian Communications Commission or to be appointed as the Managing Director of the Nigerian Telecommunications Limited.
"That I was not in a position to influence the Federal Government to appoint him to the said positions or to any position at all.
"That prior to presenting his report to the House of Representatives, Dr Odinma, hoping to reap from his treachery, shenanigans and manipulations had surreptitiously forwarded his report to President Olusegun Obasanjo under cover of a hand-written note, seeking to disparage my person, impugn my integrity and reputation.
"Before the said resolution was made, members of the House of Representatives had on their own shown palpable prejudice and hatred for me based on what they considered to be my unwavering and relentless pursuit of demolishing illegal and unapproved houses in Abuja and its environ such as Kubwa.
"Members of the House of Representatives had on many occasions abused, insulted, derided and taunted me on television, radio and in newspaper reports to show their disapproval of my action.
"Indeed they had called for my removal as minister and even gave the president one month to effectuate same, a request they also repeated after their said resolution.
"That I am innocent of the penal sanctions meted out to me by the House and I was never given a fair hearing or any hearing at all, before I was adjudged guilty."
The Minister is also asking the court to make an order asking the House to produce the report of the House Committee on Communications on alleged Irregularities in the Nitel/M-tel/Pentascope International B.V. Private Ltd Management Contract in court and eventually quash it.
He also sought an order of perpetual injunction restraining the House from acting on the resolution and the report complained of and from carrying out similar investigation into the matters complained of.
El-Rufai is also asking for the following declarations:
"A Declaration that the House of Reps acted ultra vires (above) its powers under the 1999 Constitution in setting up an investigation into the alleged irregularities in the Nitel/Mtel/Pentascope International B.V. Private Ltd Management Contract.
"A Declaration that the House of Reps acted above its powers under the constitution in imposing penal sanctions on him to wit:
"The act of subterfuge and executive rascality perpetuated by the former DG of BPE, Mallam Nasir El Rufai in positioning Pentascope to squander over one hundred billion Naira of tax payer's money should not be left unpunished.
"The committee recommends that he should be banned henceforth from holding any public office and made to face the relevant laws;
"A Declaration that the House of Reps acted ultra vires its powers under the constitution by denying him an opportunity to be heard on any specific charge/charges or allegation against him before proceeding to impose penal sanctions on the applicant.
"A Declaration that the House of Reps acted ultra vires its powers under the constitution in initiating the proceedings leading to the Report of the House Committee on Communications on the alleged Irregularities in the Nitel/Mtel/Pentascope International B.V. Private Ltd Management Contract without publishing in its journal or in the official gazette of the government of the Federation, its resolution empowering it to do so, which is a condition precedent, and thus contrary to the mandatory provisions of S. 88 (1) thereof.
"A Declaration that the entire process of mandating the House Committee on Communication to carry out investigations into the alleged Irregularities in the Nitel/M-tel/Pentascope International B.V. Private Ltd Management contract, the empowerment of Doctor Augustine Chiedu Odinma, the report of the House Committee on Communications based on the said proceedings of the Respondents herein, and the resolution resulting there from are unconstitutional.
Tafa Balogun Fights on...
Meanwhile, a High Court of the Federal Capital Territory (FCT) will on June 29 give its verdict on whether former Inspector General of Police, Mr. Tafa Balogun, would be standing trial on a 92 count charge of siphoning public funds of about N5.7 billion brought against him by the Economic and Financial Crimes Commission (EFCC).
After listening to submissions of counsel from both sides (Balogun's and the EFCC's), the trial judge, Justice Salisu Garba adjourned the case to June 29 to rule on whether the charges against the former IGP is competent enough to go into a trial, or merely dismiss the suit. At the last adjourned date on June 9, Mr. Rotimi Jacobs, EFCC's lawyer and Dr. Tunji Abayomi, Balogun's counsel engaged in a war of words to the consternation of the judge who exclaimed in frustration that he was tired of the case. It would be recalled that the Economic and Financial Crimes Commission had instituted a fresh 92 criminal charges against the former Inspector General of Police (IGP), for the siphoning of public funds amounting to over N5.7 billion, abuse of office, theft, gratification and diversion of funds meant for the Nigeria Police Force.
During the May 31 session, Balogun's counsel alleged that the EFCCís chairman, Mr. Nuhu Ribadu, was pursuing a personal feud against him. Balogun maintained that Nuhu Ribadu was prosecuting him because of some long-standing disagreements over promotion, when he was the Inspector-General of Police. He then urged the Court to quash all the charges against him as it constitutes an abuse of Court process given that a similar case is pending at the federal High Court.
Arguing his preliminary objection, Abayomi, stated that the Abuja High Court had no jurisdiction to entertain the case and that since leave of Court was granted, it constituted an abuse of judicial process and should be dismissed.
In response, Mr. Rotimi Jacobs, told the Court that a 'prima facie' case had been established against the former Inspector General of Police and that he had a case to answer while urging the Court to discountenance Abayomi's submission and proceed to hear the case as it has jurisdiction. He added that the matter before it was quite different from the one being handled by the federal High Court.
Well, come June 29, Balogun will know the answer. But that is not all. Justice Binta Murtala Nyako of a Federal High Court in the same Abuja will on July 1, give verdict on whether to quash the 50 count charges brought against him or not. Balogun in his preliminary objection had urged the court to dismiss the charges asserting that they cannot be sustained. The former police boss who said the court lacked jurisdiction to entertain the matter added that the proof of evidence has not established any prima facie case against him. Here he was charged for alleged money laundering and stealing involving about N13 billion.