Appeal court reserves judgment in pro-Wike lawmakers’ suit

6 months ago 42

The appellate court had last week declined to vacate the trial court order restraining Wike's allies from parading themselves as members of Rivers Assembly.

The Court of Appeal in Port Harcourt, Rivers State on Thursday reserved judgment in an appeal filed by pro-Wike lawmakers against Governor Siminalayi Fubara-backed three-member Rivers House of Assembly.

The pro-Wike lawmakers led by Martin Amaewhule asked the appellate court to vacate a State High Court order that restrained them from parading themselves as members of the state assembly.

They also prayed the court to order a stay of execution of the trial court order that invalidated all the resolutions they made while functioning as members of the state assembly pending the determination of their appeal.

The Court of Appeal previously declined appellants’ prayers. The court held that the prayers deal with the substance of the issues on appeal and that dealing or granting the same will be tantamount to determining the issues of appeal at the interlocutory stage.

The court had therefore ordered parties (Mr Amaewhule and 24 others and Victor Oko-Jumbo and five others) in the suit to maintain the “present status quo,” pending the determination of the suit.

The appellate had, however, restrained the trial court from entertaining the suit pending the hearing and determination of the appeal.

At the resumed hearing conducted virtually on Thursday, the three-man panel of judges —- Jimi Bada, Hamma Bakar, and Balkisu Aliyu —- resolved to deliver judgment on a later date that will be communicated to the parties, Punch newspaper reported.

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The suit

The oil-rich Rivers State has been enmeshed in political crisis since last October because of a disagreement over the control of political structure between Governor Fubara and his predecessor, Nyesom Wike, who is now the FCT minister.

The crisis has battered the state legislature, splitting the lawmakers into two factions – one loyal to Mr Wike while the other is loyal to Governor Fubara.

Mr Oko-Jumbo, last month emerged the speaker of Mr Fubara-backed three-member assembly and days after secured a court order restraining the pro-Wike lawmakers from parading themselves as members of the assembly.

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The trial court had also set aside all the resolutions taken by the pro-Wike lawmakers from last December when their seats were declared vacant following their defection from the PDP to the APC.

Dissatisfied with the trial court decision, the pro-Wike lawmakers filed an appeal requesting that the trial court decision be set aside, a request the appellate court declined and instead ordered parties to maintain the “present status quo” pending the determination of the appeal.

READ ALSO: Fubara inaugurates caretaker chairpersons for Rivers local councils

Buoyed by the appellate court decision, Governor Fubara, on Wednesday inaugurated caretaker committees for the 23 local government councils in the state after the three-year tenure of the elected council officials expired on Monday.

With the inauguration of the caretakers, Mr Fubara appears to have taken over the political structure at the grassroots in the state.



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