The Chairman,
All Progressives Congress, APC,
(National Secretariat)
N0 40 Blantan Street,
Wuse 2,
Abuja,
Nigeria.
Dear Sir:
THE LAWLESSNESS IN APC RIVERS STATE AND THE DANGER OF RECOGNISING THE PRODUCTS OF ILLEGALITY AT THE JUNE 23 CONGRESS: TAKE NOTICE THAT THE DR. DAVIS IKANYA LED – EXCO IS THE LAWFUL EXCO OF THE PARTY IN THE STATE.
As you are very much aware, our Dear Chairman, the party Congresses in Rivers state were judicially halted by Orders of the High Court of Rivers state which, on Friday, May 11, issued an Order of Interlocutory Injunction restraining the party from holding the Congresses. It was not an Exparte Order. The Party was served and represented by its elected Legal Adviser who also appeared in person and was heard. On the day of the Ruling, you also sent another lawyer, Tuduru Ede, Esq; who also appeared for the party. In a national Newspaper Advertorial, you announced to the world that indeed, you sent Tuduru Ede to also represent the party in the matter. Despite all these, the party in Rivers State, led by the Minister of Transportation, Rt. Hon Chibuike Rotimi Amaechi, CON, boasted that the Congresses must continue despite the Injunctive Order and indeed, the Order was disobeyed as the party continued and concluded the next round of the Congresses.
As if the Judiciary must be mocked and ridiculed and to show that the party faithful who went to court were wasting their time, the Party cancelled the illegally held congresses, scheduled new ones the same day of the cancellation and proceeded, to hold, afresh, all the Congresses on successive days of the weekend beginning Saturday May 19, Sunday May 20 and Monday May 21, respectively for the Ward, Local Government and State Congresses with only hours allocated for redress of grievances from the exercise.
Worse still , the Claimants who went to Court on the ground that they were not issued with Nomination forms to participate after they paid for them and which formed the basis of the Injunctive Order, were not still issued with the forms. Indeed, the Monday May 21, 2018 State congress which purportedly threw up Ojukaye Flag Amachree as Chairman, was held in the midnight of Sunday 20 breaking Monday 21 and the result announced on radio before 7Am on Monday!
Not surprisingly, the aggrieved Claimants returned to Court with an application that the exercise which was carried out in flagrant disobedience of the Order of the Court and which further compounded their illegal exclusion, should be declared void and the Court accordingly declared the so-called weekend and midnight congresses void and of no effect whatsoever.
Again, your Tuduru Ede Esq of Counsel and the Party Legal Adviser in the state were in court and were also heard before the Order was made.
The Order has since been published in the Nation Newspaper of Wednesday June 13, 2018 (page 47) as ordered by the Court. In Law, this constitutes proper service to all in addition to the fact that your lawyers were in court.
We have also attached a copy here for your ease of reference.
THE POSITION OF OUR PARTY NOW VIS-À-VIS THE ORDERS OF THE COURT:
With the voiding of the weekend and midnight Congresses, all the alleged party officers that were products of the void process, cannot validly lay claim to being our Party officers in the state.
In particular, the Ojukaye Flag Amachree Exco or Working Committee, does not exist in the eye of the Law as that which is void does not exist. This is also in tandem, our Dear Chairman, with the accepted recommendation of the Report of the Technical committee which you personally signed and which states that ‘’if for reasons of inability to fulfill constitutional and or legal conditions requisite for the conduct of a valid elective Congress, then the party may as a last resort leverage on the NEC Resolution of February 27, 2018’’. [This is the Resolution which requires Elected Officers to remain in office in acting capacity for a period of 12 months from the date of the expiration of their tenure]
The weekend and midnight congresses having been legally done away with, the existing Working Committee of the Party, indeed, the Exco, will have to continue administering the Party till further Legal Notice or the matter is amicably resolved by the party. Any other thing, especially giving recognition to the voided Ojukaye Exco, amounts to clear illegality as nothing can be put on something. It will not stay. It will collapse.
Consequently, we write to you to notify you officially, especially as the party Convention draws nigh, and holds on Saturday the 23rd of June, that we the preexisting Working Committee of the party in the State led by Dr. Ibiamu Davis Ikanya, is the valid and legally- cognizable Working Committee of the party.
The Minister Rotimi Amaechi led-faction led by Ojukaye Flag Amachree is aware of this legal reality which is the reason they have appealed to the Court of Appeal and are making spirited efforts to either vacate the Order or have it stayed, at any event. They could not be so striving if they did not recognize it as a bar to their participation in official party activities, especially in the Saturday June 23 Convention, in the voided status they seek to participate in and which is the reason they appealed to validate their voided status validated.
Whilst that is being sorted out by the lawyers, we as a party MUST obey the clear Orders of the Court, being a party in power and founded on the ideals of progressivism and the much cherished Rule of Law and respect for the Orders of the Court. We should do NOTHING, yes, we should not do ANYTHING, to corrupt and taint our Convention with illegality as its implication for the validity of the process is dire. The Court-voided and now illegal-Ojukaye Exco or working Committee should not be allowed to be delegates at the Congress.
We are the lawful Working Committee and Exco of the Party led by Dr. Davis Ibiamu Ikanya as Chairman with me as the Deputy Chairman. Dr Ikanya and I communicated from his London bed on this matter and since he is unavailable at the moment for reason of health, I am now the Ag. Chairman of the party in the State. In line with the Party Constitution and the memo referred to earlier.
THE OTHER MEMBERS OF THE WORKING COMMITTEE ARE:
1. Chief Emeka Beke – Secretary
2. Chieme Chinweikpe, Esq. – Legal Adviser
3. Dima Agiobu – Youth Leader
4. Hycynth Dike – Auditor
5. Caroline Nagbo – State women leader
6. Bilhar Chamberlain Nwokocha – Financial Secretary
7. Ogezi Boms – Welfare Secretary
8. Dandison Uku – Organizing Secretary
9. Chris Fynebone – Publicity Secretary
10. Alex A. Hart – Treasurer
11. Okalikpe Napoleon – Asst Secretary
12. James Kobah – Vice Chairman, Rivers South East
13. Ngorji Warmate – Vice Chairman, Rivers West
14. Fiberesima Gilber – Vice Chairman, Rivers East
THE NATIONAL CONVETION STATUTORY DELEGATES:
These are:
1. His Excellency, Rt. Hon. Chibuike Rotimi Amaechi
2. Senator Magnus Ngei Abe
4. Senator Wilson Ake
5. Senator Andrew Uchendu
6. Dr. Dakuku Peterside
7. Hon. Chibudom Nwuche
8. Hon. Maurice Pronen
9. Hon. Asita Asita
10. Hon. Fred Mbombo Igwe
11. Elder Chidi Wihioka
12. Hon. Barry Mpigi
13. Hon. Emma Deeyah
14. Hon. Sampson Egop
15. Rt. Hon. Steve Ezekwem
16. Hon. Felix Igwe
17. Hon. Prince Agolia Aboko
18. Rt. Hon. Otelemaba Dan Amachree
19. Hon. Chidi Lloyd
20. Hon. Golden Chioma
21. Hon. Leyi Kwane
22. Hon. Apollos Amadi
23. Hon. Igo Aguma
24. Hon. Iyk Orji
25. Hon. Ike Chinwo
26. Hon. Sokonte Davies
27. Elder Edwin Oludi
28. Hon. Ogbonna Nwuke
29. Hon. John Imegi
30. Hon. Dawari George
31. Dr. Befii Nwile
LGA CHAIRMEN & SECRETARIES:
1. Abua/Odual: Chief Igoma
Alabo Wariboko
2. Ahoada East: Owuze Uman
Innocent Omah
3. Emohua: Vincent Uchendu
Ken Agi
4. Ahoada West: Goodluck Agwolo
Benjamin Showers
5. Etche: Kingdom Nwankwala
George Wanjoku
6. Omuma: Charles Amaefule
Godwin Onwukwo
7. Oyigbo: Chidi Elechi
Olunwa Wilson
8. Tai: Bernor Nkporbu
Peter Cawezia
9. Eleme: Fredrick Oyor
Christian Mbie
10. Gokana: Second Bakor
Anthony Biagbara
11. Khana: Eric Nwibami
Ebenezer
12. Ikwerre: Benjamin Odigwe
Clara Nwoka
13. Okrika: Christian Asifamaka
Aribibia Banison
14. Ogu/Bolo: Israel Oboms
Anidikime Alabo
15. Bonny: Israel Pepple
Benson Pepple
16. Andoni: Mike Amachree
Kingston Sylvanus
17. Opobo/Nkoro: Tonye Epelle
18. Asari-Toru: Dere Samuel Horsfall
Ikiriko Tamunoemi
19. Degema: Kesibo Gogo-Abite
Owanate Sanipe
20. Obio/Akpor: Solomon Ikuegwuwu
Chimkwem Ejims
21. Port Harcourt: Chima Amadi
Godspower Sieyefori
22. Onelga: Ejechi Felix Okoro
Emenike Onyige
23. Akuku-Toru Tugbotamuno Dabiri
Nwoka Ikiriko
Anyone who has any claims or objections to the above list is free to write to your office and draw our attention to the claims and objections for possible correction as possibility exists of inadvertent omission or inclusion or misdiscription or otherwise howsoever needing correction.
SECTION 287 (3) OF THE NIGERIAN CONSTITUTION
This Section clearly states that:
“The Decisions of the Federal High Court, a High Court (of a state) and all other Courts established by this Constitution shall be enforced in any part of the Federation by all authorities and persons…’’
Thank you as you follow the path of legality and constitutionality for the overall interest of the party.
By separate Letters, the Chairman and Secretary of the Convention Planning committee have been respectively apprised of the above situation.
Very faithfully Yours,
Prince Peter Odike, JP
Ag Chairman, APC Rivers State
