A Federal High Court sitting in Abuja, on Friday issued an interim injunction restraining the governorship candidate of the All Progressives Congress from participating in the Saturday’s election.
This is following a warrant of arrest on the governorship candidate by a Port Harcourt Chief Magistrate Court, which also issued an Order of committal for criminal conspiracy to defeat or prevent execution of court Judgement placed on the Director of Legal services of Niger Delta Development Commission, Kaltungo Moljengo and the former Director of the Commission, Ekere.
The Federal High Court presided by Justice Taiwo had issued an Order of Substituted Service and also Order cautioning INEC to treat the candidacy of Nsima Ekere with sensitive restraint concerning tomorrow election.
The representative of the complainant at Chief Magistrate Court, Cyprian Edward-Ekpo, Esq, Registrar of International Institute for Humanitarian & Environmental Law, had stated that four companies were given contract by NDDC and having not been paid, the companies hired Multi-Intelligence Co., legal consultants which obtained judgement of Federal High Court on 28th October 2015 in Suit No. FHC/ABJ/428/2015 and the said judgement was enforced by garnishee proceedings against Central Bank of Nigeria in January 25th 2017, yet the duo together with others in NDDC having demanded that the contractors forfeit 50% of the judgement sum to their private pocket, embarked upon unlawful conspiracy to Defeat or Prevent Execution of the judgement contrary to Section 518 of the Criminal Code, Laws of Federation of Nigeria 2004.
The Court adjourned the matter to April 8 for hearing of substitute suit.
Speaking with DAILY POST after the court sitting, Edward-Ekpo said, “As you are aware, few days ago, on the fifth of March, 2019, the Chief Magistrate Court sitting Port Harcourt, the Rivers State capital had issued warrant of arrest on the Director of Legal Service of the Niger Delta Development Commission, NDDC, Mr. Moljengo and the immediate past Managing Director of the commission, Mr. Nsima Ekere on issues that bothered on N2.4 billion fraud and conspiracy to defeat and prevent an execution of the lawful order which is the judgement of the Federal High Court that was in October 22 2015 in suit number FHC/ABJ/CA/2015.
“And that judgement was enforced by garnishee proceedings against Central Bank of Nigeria.
“Serving as the administrators of the commission, instead of complying with the judgement, they conspired to defeat the execution of the judgement in all means.
“Having demanded that the contractors which our company represented should part with fifty per cent of the money. That is quite aberration with no conscience, this is corruption at a high proportion and we said we have to fight.
“And it is quite surprising that after the Magistrate Court issued the warrant of arrest till date, the Inspector General of Police is yet to apprehend these people and to bring them to justice and the date for the continuation of their trial is already drawing closer.
“And the second level of this issue also affects the candidature of the second defendant in the criminal charge number PMC/MIAC/15/2019.
“And the second defendant the candidate of the APC, Nsima Ekere, as it stands, his status of his candidacy is affected under section 182 sub.1C of the constitution of the Federal Government Nigeria 1999 as amended which says that when an offence is being imposed on a person he is not qualified to contest election as a governor of a state.
“Based on this offence being impose on him by the Port Harcourt Chief magistrate court which is a court of competence jurisdiction which is recognized under section 5 of the constitution Federal Republic of Nigeria, we are demanding that the rule of law be followed. We must not allow corrupt persons to assume governorship positions.”
