July 07, (THEWILL) – The Rivers State House of Assembly lawmakers loyal to Governor Siminalayi Fubara on Friday reacted immediately to Thursday’s Appeal Court ruling which vacated an order of the Rivers State High Court restraining 25 defected Rivers Assembly lawmakers led by Martin Amaewhule from sitting and parading themselves as members of the Assembly
By filing an appeal at the Supreme Court, challenging the recent ruling of the Court of Appeal, Abuja.
THEWILL learnt that Hon. Victor Oko-Jumbo, one of the lawmakers loyal to Fubara, said the appeal became necessary because the Rivers Assembly “strongly believes that the Court of Appeal was in error when it held that the Rivers State High Court lacked the Jurisdiction to hear and determine suit no. PHC/1512/CS/2024.”
Addressing the House at Friday’s plenary, Oko-Jumbo insisted that no declaration of the courts, including Wednesday’s judgment of the Court of Appeal has nullified the pronouncement made by the immediate past Speaker of the House, Ehie Edison on December 13, 2023, declaring vacant the seats of Amaewhule and 24 other members who had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Oko-Jumbo maintained that he remains the authentic Speaker of the House and that the seats of Amaewhule and 24 other embattled lawmakers remain vacant.
“There cannot be two Houses of Assembly in Rivers State or indeed, any state in Nigeria. This House of Assembly, with me as the Speaker, is the only House of Assembly in Rivers State.
“As the whole world knows, on the 11th day of December 2023, Martin Amaewhule and his 24 friends defected from the Peoples Democratic Party to the All Progressive Congress (APC).
“On the 13th Day of December, 2023, Rt. Hon. Edison Ehie, as the Speaker of the Rivers State House of Assembly, declared the seats of Martin Amaewhule and 24 others in the RSHA vacant. That declaration by Rt. Hon. Edison Ehie has not been set aside by any court in Nigeria,”he said.
In its reaction, the opposition All Progressives Congress, APC, is divided in its view between a faction loyal to former Minister of Transportation, Rotimi Amaechi and the Rivers State APC Caretaker Committee Chairman, Chief Tony Okocha, who is loyal to former governor and now Minister of the Federal Capital Territory, Nyesom Wike.
Okocah reportedly said the Appeal Court verdict meant that the pro-Wike lawmakers are still in charge. The camp loyal to Amaechi disagreed.
According to Okocha, “The grey areas that have led Rivers into a litany of litigation have been sorted out. Justice was served. The reasoning adduced by the venerated Justice of the Court of Appeal, under which stood the bedrock of their unanimous decision, is very sound and unimpeachable.”
The Publicity Secretary of the APC loyal to former Minister of Transportation, Rotimi Amaechi, Mr Darlington Nwauju, in a statement, said the judgment did not change the fact that the 25 pro-Wike lawmakers defected from the PDP to the APC.
Nwauju, however, urged the parties in the suit to respect the rule of law and approach the Supreme Court if they deemed it necessary.
He said, “We urge the parties in dispute to respect the path of the rule of law and constitutionality and approach the highest court if they deem it expedient.
“The fact that the Court of Appeal has taken a decision one way or the other pooh-poohs the fact that while awaiting the decision of this court, the madness that took place on June 25, 2024 in the name of a protest for which an improvised explosive device was detonated, was ab initio infantile, illogical and grossly irresponsible.
“Finally, today’s ruling does not vitiate the fact that the 27 Assemblymen did defect from the PDP to the APC.”
The Abuja Division of the Court of Appeal on Thursday declared as “null and void”, an order of the Rivers State High Court restraining 25 defected Rivers Assembly lawmakers, led by Martin Amaewhule, from sitting and parading themselves as members of the Assembly.
THEWILL recalls that Justice Charles N. Wali, Presiding Judge of the Rivers State High Court, on May 10 and 30th, granted the interlocutory order restraining the 25 lawmakers from the State House of Assembly.
Speaker, Victor Oko-Jumbo and two others including Sokari Goodboy and Orubienimigha Timothy, in a suit filed through their lawyers, B.N. Owunabo, Esq., K. O. Ogunjobi, Esq, B. S. Orupabo, Esq, 0. J. Ifejika, Esq. and T. Aprioku, Esq., argued that Amaewhule and 24 other defected lawmakers ceased to be members of the Rivers State House of Assembly on December 13 when their seats were declared vacant.
The 25 lawmakers announced their defection to the All Progressives Congress (APC) on December 11, 2023. Subsequently, the Rivers Assembly, led by former Speaker, Edison Ehie, on December 13, declared their seats vacant following their defection.
But in an appeal No.CAs/PH/198/2024, filed by the 25 Lawmakers against Oko-Jumbo and five others, the appellants are seeking to set aside the order of the lower Court for want of jurisdiction.
Faulting the jurisdiction of the lower court, the appellants prayed the appellate court to stay the execution of the interlocutory injunction restraining them as lawmakers of the Rivers Assembly and also set aside whatever decisions Oko-Jumbo has taken while in office as Speaker.
Ruling on Thursday, a three-man panel of the appellate court, led by Justice Jimi Olukayode-Bada, held that the trial court lacked the jurisdiction to hear the suit filed by Oko-Jumbo and others.
The court held that Section 272(3) of the Constitution gives the Federal High Court powers to determine whether the seat of a House of Assembly member has become vacant.
It held that the express mention of the Federal High Court in Section 272 (3) of the Constitution automatically excludes all state high courts from having the jurisdiction.
“Consequent upon the foregoing, the order of the trial court having been made without Jurisdiction is of no effect and is hereby declared null and void”, a unanimous judgement by Justice Bada, Justice Hamma Akawu Barka and Justice Balikisu Bello Aliyu, declared. The matter is now left for the apex court to adjudicate while the defected lawmakers await the final verdict on their fate.
