Nnamdi Chukwu
THE Abuja division of the Court of Appeal has reserved judgment in an appeal filed by a former Speaker of the Rivers State House of Assembly, Martins Amaewhule, and 25 others against Speaker Victor Oko-Jumbo and five others challenging a Rivers State High Court ruling which declared their seats vacant.
Justice Charles N. Wali of a Rivers State High Court sitting in Port Harcourt on Friday 10 May 2024 restrained 25 members of the state House of Assembly from parading themselves as lawmakers.
Justice Wali held that the lawmakers’ seats had been declared vacant.
Martin Amaewhule, the Speaker and 25 other legislators affected by the ruling, who are believed to be loyalists of the Minister of the Federal Capital Territory (FCT), Nyesom Wike, had defected to the All Progressives Congress (APC) at the height of the rift between Wike and Governor Siminalayi Fubara.
After their defection, their seats were subsequently declared vacant by another faction of the Assembly led by Edison Ehie, now Chief of Staff to the governor.
Those joined in the suit are the governor, the state Attorney-General and the 27 pro-Wike lawmakers, while the pro-Fubara factional Speaker, Oko-Jumbo and two others are the plaintiffs.
The court also restrained the lawmakers from meeting/sitting at the Auditorium of the House of Assembly Quarters located Off Aba Road, Port Harcourt, or any other place whatsoever to carry out or purport to carry out the legislative business of the Rivers State House of Assembly.
After listening to the motion in suit No: PHC/1512/CS/2024, moved by Sammie A. Somiari (SAN), Justice Wali held, “An order of interim injunction is granted restraining the 1st to 25th Defendants from parading and holding out themselves as members of Rivers State House of Assembly and/ or meeting/sitting at the Auditorium of the House of Assembly Quarters located at off Aba Road, Port Harcourt or any other place whatsoever to purport to carry out the legislative business of the Rivers State House of Assembly, their legislative seats having been declared vacant pending the hearing and determination of the Motion on Notice.
“An order of interim injunction is hereby made restraining the 26th to 28th Defendants from dealing with, interfacing, accepting any resolutions, bills and/or howsoever interacting with the 1st to 25th Defendants in their purported capacities as members of the Rivers State House of Assembly, their legislative seats having been declared vacant with effect from 13th December 2023 pending the hearing and determination of the Motion on Notice.
“It is further ordered that this order, the Motion on Notice and the writ and other processes, in this case, be served on the 1st to 25th Defendants/Respondents within seven (7) days from date by substituted means to wit: of pasting at the entrance gate of the Rivers State House of Assembly Legislat ve Quarters, Off Aba Road, Port Harcourt and for such service to be deemed good and proper.”
Meanwhile, the three-man panel of justices of the Court of Appeal led by Justice Jimi Olukayode-Bada today informed the parties in the suit that the judgment date will be communicated later.
Martins Amaewhule and 25 former lawmakers are challenging the declaration of their seats vacant as well as seeking to set aside decisions made by Oko-Jumbo while in office. They argued that the court below lacked jurisdiction even as they sought an accelerated hearing of the suit.
Meanwhile, the respondents asked the appellate court to dismiss the suit citing incompetence in the records of appeal transmitted.
The appellate court had earlier ordered all parties to maintain the status quo and cease hostilities until the matter is heard and decided.
Eighteen-Eleven Media