Saturday, February 19, 2011

Ebebi - Speaker, 18 Lawmakers Head for Supreme Court

Daily Champion
18 Feb 2011

Ebebi - Speaker, 18 Lawmakers Head for Supreme Court

Port Hacourt — Barely 24-hours after an Appeal Court in Port Harcourt, Rivers State capital ordered the reinstatement of Mr. Peremobowei Ebebi as the deputy governor of Bayelsa state, the state House of Assembly has appealed to the Supreme Court to reverse the judgement.

Eighteen members of the state Assembly, including its Speaker, Nestor Binabo are behind the appeal.

In an affidavit in support of motion on notice for stay of execution of the orders of the Court of Appeal, Sebastine Hon (SAN) and B.A Iorheghem contend that the justices of the Court of Appeal erred in law.

The appellants said the court lacks jurisdiction to entertain the matter, when they held that in determining the jurisdiction of the trial court, only the statement of Ebebi ought to have been considered by the trial judge.

"It is not trite law that in determining the trial court's jurisdiction, it is not only the statement of claim that should be looked at but all necessary materials supplied even by way of evidence", the appellants noted.

They argued that there was no lawful evidence to warrant the reinstatement of Ebebi who was removed by a court order seven months ago, thus seeking the setting aside of the lower court and restoration of the previous ruling.

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