SpicyTricks

The National Industrial Court sitting in Yenagua made a subsisting Order restraining the Governor of Rivers State and others on the 22nd of June 2015, this Order was not vacated by Justice Fishim on Monday the 13th July when E. C. Aguma (I insist that he is a total Barman, an erudite Lawyer and indeed one of our finest advocates) who is also bound by same order urged the court to vacate same and he insisted upon displaying L. Akanbi J.'s judgment that the entire suit be dismissed for want of jurisdiction.

  I will emphasise here that both the court order and the suit are subsisting pending the determination of the motion for interlocutory injunction and other applications (notices of preliminary objection and Firm 48, for contempt of court) now fixed for October 6th 2015.

Common legal sense portend that such subsisting Order of Court is an existing LAW that must be obeyed. It is incumbent on the Learned Attorney General of Rivers State to Rise above sentiments in ensuring that the public is properly informed accordingly and to enhance the enforcement of that Order otherwise he could be seen as a senior office of the court acting in obvious contempt of court thereof.

The FHC's ruling was that the LG election was null and void period. It did not ask the chairmen to stop parading themselves as such, the ruling did not tell them to vacate their offices as chairmen. (I have a copy of that judgment)

After this ruling, the chairmen filed their appeal papers which includes motion for stay of execution of the FHC's ruling by 3:00pm and within working hours. By 8:00 pm (long after working hours) of same day and after appeal papers have been filed the governor purported to swear in 22 caretaker chairmen.

That ruling from the FHC also did not tell the state gov to remove elected chairmen who are still under the protection of the subsisting NIC ORDER, it did not tell the gov to appoint caretaker chairmen, neither did Justice Akanbi instruct or direct the said Governor to replace the Chairmen under any guise.

The subsisting NIC Order issued on the 22nd June 2015 came before the FHC's ruling which is now on appeal. (Where the equities are equal, the first in time prevails).

The NIC order specifically restrained the governor from removing the chairmen from office until the motion for interlocutory injunction is determined. That motion will now be determined in October 2015 and the said ORDER SUBSISTS UNTIL then.

That order is as alife and in force as you and I. The Attorney General applied and agued that it be set aside on the 13th, the court did not do so. The Att. Gen. came out of court angry that the court did not vacate that order and that the court also did not dismiss the entire suit even though he showed the court the FHC's judgment.