BENIN—GOVERNOR Oserhiemen Osunbor of Edo State has presented 16 brand new KIA Sorento Jeep vehicles to Judges of the State High Court and Customary Court of Appeal, just as he also comfirmed the appointment of Professor Patrick Osho as a non ex-officio member of Edo State Judicial Service Commission.
The Governor who presented the jeeps at the Government House Benin City yesterday, urged the State Judicial Service Commission to continue to be upright so as to ensure that only impartial and morally upright persons who command the respect and confidence of the public are allowed to sit on the bench.
He commended the Judiciary for its role in the administration of justice in the country, stressing that Judiciary has proven to be the bastion of hope in our current democratic process.
The Governor further stated that the State Government recognised the independence of the Judiciary and had always provided the necessary support to ensure that judicial officers discharge their functions of upholding justice, assuring that inspite of the recent developments in the state, his belief in the Judiciary as the main pillar for the sustenance of democracy in our country remained unshaken.
Governor Osunbor further disclosed that Government was motivating Legal Officers in the Ministry in order to ensure that unnecessary delays do not arise on account of failure of State Counsels to adequately represent the interest of Government in cases requiring public prosecution or defence.
He said that his administration would continue to ensure that the welfare of judicial officers is greatly enhanced, asserting that since the inception of the present administration, a number of steps have been taken to strengthen the judiciary in the state, stressing that a well established judicial system is an inalienable aspect of a truly, functional democratic system.
He congratulated Prof. Partrick Ehi Oshio on his well-deserved appointment, the Governor said the offer was no doubt based on his contributions to the growth and development of the judiciary and the legal profession in the country as he highlighted the functions of the Commission.
Friday, June 27, 2008
Delta Recovers 260 Oil Wells From Ondo
Federal High Court sitting in Benin City, Edo State yesterday nullified the ceding of Ugbede community land in Warri North of Delta State to Ondo State, declaring the ceding of the land and about 260 oil wells as null, illegal and unconstitutional.
Justice Nnamadi, in his judgement in the suit brought by Ugbede community, challenging the transfer of their land to Ondo State, upheld the argument of the plaintiffs.
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The matter dragged on for long on the strength of the different applications and objections raised by Ondo State, challenging the suit.
Ondo State had in its preliminary objection, contended, amongst others, that the plaintiffs lacked the locus standi to bring the action. It also argued that the court lacked the jurisdiction to entertain the matter and that the suit disclosed no reasonable cause of action against the respondents.
But the court agreed to take the objection alongside the substantive suit. The plaintiffs, meanwhile, prayed the court to discountenance the contention of Ondo State and grant their requests.
The plaintiffs in the substantive suit had asked the court to determine, whether their land could be ceded to another state without complying with section 8(2) of the 1999 constitution, which provides:
"An Act of the National Assembly for the purpose of boundary adjustment of any existing state shall only be passed,
(a) a request for the boundary adjustment, supported by two-third majority of members (representing the area demanding and the area affected by the boundary adjustment) in each of the following, namely:
(i) the Senate and the House of Representatives;
(ii) the House of Assembly in respect of the area; and
(iii) the local government council in respect of the area."
The plaintiffs had also argued that they never wanted or agreed to cede their land to Ondo State, as such, the Delta State government and the Edo State government could unilaterally cede the land to Ondo. The court in its judgement granted the prayers of the plaintiffs.
Counsel to the plaintiffs, Prof Itse Sagay (SAN), who spoke to Vanguard after the judgement, commended same, adding, "in spite of the preliminary objection brought to delay the matter, the court graciously decided to hear the objection with the substantive matter and held that the respondents did not comply with the provision of section 8(2) in ceding Ugbebe land to Ondo State."
On the implication of the judgement, he said: "The land of my clients will be returned to them, because the purported ceding was not constitutional in the first place. Ondo State will not have to pay Delta State all the money they have collected from the oil wells in the community, which runs into billions of naira.
"If they want to cede Ugbebe land to Ondo State, they have to follow the constitution and I am certain that Ondo will never get the land because my clients have said that they are not interested in joining Ondo State, because with the illegal ceding, we had a situation where the same people were overnight split into two different states.
"They got away with it during Obasanjo's regime by trying to steal some part of Delta State and they thought they could get away with it forever, because he (Obasanjo) was then in power, but the court did not allow the illegality to stand," he added.
AllAfrica aggregates and indexes content from over 125
Justice Nnamadi, in his judgement in the suit brought by Ugbede community, challenging the transfer of their land to Ondo State, upheld the argument of the plaintiffs.
GA_googleFillSlot("AllAfrica_Story_Inset");
The matter dragged on for long on the strength of the different applications and objections raised by Ondo State, challenging the suit.
Ondo State had in its preliminary objection, contended, amongst others, that the plaintiffs lacked the locus standi to bring the action. It also argued that the court lacked the jurisdiction to entertain the matter and that the suit disclosed no reasonable cause of action against the respondents.
But the court agreed to take the objection alongside the substantive suit. The plaintiffs, meanwhile, prayed the court to discountenance the contention of Ondo State and grant their requests.
The plaintiffs in the substantive suit had asked the court to determine, whether their land could be ceded to another state without complying with section 8(2) of the 1999 constitution, which provides:
"An Act of the National Assembly for the purpose of boundary adjustment of any existing state shall only be passed,
(a) a request for the boundary adjustment, supported by two-third majority of members (representing the area demanding and the area affected by the boundary adjustment) in each of the following, namely:
(i) the Senate and the House of Representatives;
(ii) the House of Assembly in respect of the area; and
(iii) the local government council in respect of the area."
The plaintiffs had also argued that they never wanted or agreed to cede their land to Ondo State, as such, the Delta State government and the Edo State government could unilaterally cede the land to Ondo. The court in its judgement granted the prayers of the plaintiffs.
Counsel to the plaintiffs, Prof Itse Sagay (SAN), who spoke to Vanguard after the judgement, commended same, adding, "in spite of the preliminary objection brought to delay the matter, the court graciously decided to hear the objection with the substantive matter and held that the respondents did not comply with the provision of section 8(2) in ceding Ugbebe land to Ondo State."
On the implication of the judgement, he said: "The land of my clients will be returned to them, because the purported ceding was not constitutional in the first place. Ondo State will not have to pay Delta State all the money they have collected from the oil wells in the community, which runs into billions of naira.
"If they want to cede Ugbebe land to Ondo State, they have to follow the constitution and I am certain that Ondo will never get the land because my clients have said that they are not interested in joining Ondo State, because with the illegal ceding, we had a situation where the same people were overnight split into two different states.
"They got away with it during Obasanjo's regime by trying to steal some part of Delta State and they thought they could get away with it forever, because he (Obasanjo) was then in power, but the court did not allow the illegality to stand," he added.
AllAfrica aggregates and indexes content from over 125
Oredo PDP rejects Ogbeide
THE leaders of the Peoples Democratic Party (PDP) in ward seven of Oredo Local Government Council of Edo state, yesterday, disassociated themselves from the purported appointment of Elder Peter Ogbeide as a the leader of the ward in place of the Minister of Interior, General Godwin Abbe.
In a statement signed by the Chairman of the ward, Mr Jerry Omorogiava made available to newsmen in Benin City, it described the action of some members of the party whom according to the statement “concocted the lies”, as very mischievous and urged its members to disregard it.
According to the statement, “there was no meeting held where that decision was reached and it was shocking to us to hear that General Abbe has been removed as our leader.In the first place, Gen. Abbe has never been a leader in the ward, the Minister is the leader of Oredo Local Government PDP and also the leader of Edo South senatorial district of the PDP.
“So it is insulting to refer to the General as a leader of a ward when he represents Edo state at the highest level in the presidency.
We are warning all those behind the story to desist from their evil plans as Konkon Ogbeide cannot be equated with the high profile politician of the like of Gen. Abbe.
And we have set up a team to investigate those behind the evil act and any body found guilty will be dealt with” it stated.The statement further advised members of the party in the ward to see themselves as “brothers in one party and stop causing more crises in the party.
We are tired of the antics of some mischievous party members and this cannot help the party and that is why we must stop this nonsense now”.
In a statement signed by the Chairman of the ward, Mr Jerry Omorogiava made available to newsmen in Benin City, it described the action of some members of the party whom according to the statement “concocted the lies”, as very mischievous and urged its members to disregard it.
According to the statement, “there was no meeting held where that decision was reached and it was shocking to us to hear that General Abbe has been removed as our leader.In the first place, Gen. Abbe has never been a leader in the ward, the Minister is the leader of Oredo Local Government PDP and also the leader of Edo South senatorial district of the PDP.
“So it is insulting to refer to the General as a leader of a ward when he represents Edo state at the highest level in the presidency.
We are warning all those behind the story to desist from their evil plans as Konkon Ogbeide cannot be equated with the high profile politician of the like of Gen. Abbe.
And we have set up a team to investigate those behind the evil act and any body found guilty will be dealt with” it stated.The statement further advised members of the party in the ward to see themselves as “brothers in one party and stop causing more crises in the party.
We are tired of the antics of some mischievous party members and this cannot help the party and that is why we must stop this nonsense now”.
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