2 months ago
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…Nullifies Rivers High Court decision for lack of jurisdiction
.Pro-Wike 27 lawmakers remain sacked, seats vacant, says Opposition lawmakers’ Caucus
By Andrew Orolua & Tom Okpe
Crisis rocking Rivers State deepened on Thursday as the Court of Appeal sitting in Abuja in a unanimous judgement ordered former Speaker of Rivers State House of Assembly Rt. Hon Martin Amaewhule and 24 other members to revert to their positions as valid members of Rivers State House of Assembly.
Amaewhule and 24 other members of Rivers House of Assembly who are the loyalists of Nyesom Wike, the minister Federal Capital Territory, had in December last year decamped from Peoples Democratic Party , PDP, to All Progressives Congress, APC.
Aggrieved by their actions, amidst impeachment plots to remove Governor Simi Fubara, four remaining members of PDP Rivers State House Assembly went to High Court of Rivers State, sought and obtained an ex -parte interim order that declared the seats of 25 members vacant.
Not satisfied with the trial court decision, Amaewhule, and 24 others lodged an appeal before the Court of Appeal.
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Delivering judgement on Thursday, the three man panel of Justices of the appellate led by Justice Jimi Olukayode-Bada struck out the suit marked PAC /1512/CS/2024 for lack of jurisdiction.
He declared the decisions of the trial court null and void and ordered the appellants to revert to their positions in Rivers State House of Assembly.
Justice Olukayode- Bada said the appellate court took the decision because the High Court of Rivers State lacked jurisdiction to entertain the suit filed by incumbent Speaker, Victor Oko-Jumbo, and five others.
The Court of Appeal held that the Federal High Court is exclusively and mandatorily the only court that can hear such matters relating to the declaration of seat of a governor, deputy governor, members of National Assembly and State House of Assembly vacant and not a state high court, citing section 273 of the Constitution.
Justice Olukayode -Bada in the lead judgement declared the suit marked PAC /1512/CS/2024 null void and ordered the appellants to revert to their positions in Rivers State House of Assembly.
He said that the orders made by the trial court were without jurisdiction and therefore amounted to a nullity. He also said that courts must restrict themselves to jurisdiction allocated to them in the Constitution of the Federal Republic of Nigeria 1999 (as amended).
Besides Jurisdictional issues, Justice Olukayode -Bada said that respondents claims that matter was of utmost urgency, was self-inflicted because the issue arose on December 11, 2023 but respondents obtained the ex-parte order on May 8, 2024.
Recall that Rivers State high court in Port Harcourt had restrained 25 members of the Rivers House of Assembly from parading themselves as lawmakers.
In a ruling delivered on Wednesday, Charles Wali, the presiding judge, restrained the lawmakers from conducting legislative sittings anywhere — including within the legislative quarters.
The judge also restrained Siminalayi Fubara, governor of Rivers, from interfacing with or accepting resolutions and bills from the 25 lawmakers.
The suit was filed by Victor Oko Jumbo, factional speaker, and two other lawmakers — Sokari Goodboy and Orubienimigha Adolphus Timothy. The trio are loyal to Fubara.
However, in Thursday’s judgement, the Appeal Court nullified and voided the decision of the trial court and ordered the appellants to revert to their positions in Rivers State House of Assembly.
Meanwhile, the Opposition Federal Lawmakers Coalition in the House of Representatives, otherwise known as G60, has said declaration of the seats of the 27 pro-Wike sacked lawmakers remains valid and have not been nullified by any court in Nigeria.
Spokesperson of the Coalition, Ikenga Imo Ugochinyere, representing Ideato Federal Constituency of Imo State, made this clarification in a press briefing at the National Assembly, Abuja on Thursday.
He said the Appeal Court didn’t void the declaration of the seat of 27 Pro-Wike sacked lawmakers vacant.
Justice Charles Wali of the Rivers State High Court had on May 10, issued an interim injunction that restrained the sacked lawmakers, loyal to the immediate past Governor of the State and current Minister of the Federal Capital Territory, FCT, Nyesom Wike, from parading themselves as members of the Assembly, having decamped from the political party that sponsored their elections.
The court order followed a suit, filed by Victor Oko-Jumbo, who subsequently emerged as the Speaker of the Assembly.
The litigants, in their suit, contended that Amaewhule and the other defected lawmakers ceased to be members of the Rivers State House of Assembly, since December 13, 2023, when their seats were declared vacant.
While upholding the case of the plaintiffs, Justice Wali barred the pro-Wike lawmakers from accessing the Assembly complex or carrying out any legislative assignment in the name of Rivers State House of Assembly.
However, the appellate court, ruling on a suit lodged before it by the former lawmakers who were led by the former Speaker of the State House of Assembly, Amaewhule on Thursday, held that the Rivers State High Court, which issued the order, lacked the requisite jurisdiction to do so.
But reacting to the Court ruling, spokesperson of G60 lawmakers, Ugochinyere stressed that the Pro-Wike sacked Rivers lawmakers’ seat remain vacant as the Appeal court didn’t decide on the validity of their illegal decampment or the declaration of their seat vacant.
According to him, the Appeal Court focused on declaring that the Federal High Court is the only court with the jurisdiction to decide on the legality or illegality of decampment, thereby, ruling against Rivers High Court proceedings.
He further stressed that the legal fireworks continue, as the declaration of the vacant seats is still valid and subject of pending litigation.
“The Court of Appeal ruling today (Thursday) shouldn’t be misconstrued in any way. The Pro-Wike sacked Rivers lawmakers’ seat remains vacant as the Appeal court didn’t decide on the validity of their illegal decampment or declaration of their seats vacant.
“The Appeal Court focused on declaring that the Federal High Court is the only court with the jurisdiction to decide on the legality or illegality of decampment thereby, ruling against Rivers High Court proceedings.
“So, actions of the House, formerly led by Ehi in declaring the seat vacant have not been declared null and void by any court.”
He also said OK Jumbo remains the speaker of Rivers State House of Assembly, noting that “the legal firework continues, as the declaration of the vacant seats is still valid and subject of pending litigation.
“Also, the Local Government Chairmen whose tenure has since expired remains and can’t be extended and were never extended.
“There’s nothing like tenure extension in a democratic setting, it’s like a coup taking over constitutional governance,” Ugochinyere added.
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