The pro-Wike lawmakers’ attempt to regain control of the Rivers House of Assembly suffered a setback at the Court of Appeal, Port Harcourt on Friday.
A three-man panel of the Court of Appeal, led by Hamma Barka, rejected the lawmakers’ request to vacate a Rivers State High Court order empowering Governor Siminalayi Fubara-backed lawmakers to continue with legislative business in the state assembly.
The appeal was filed by a former speaker of the assembly, Martin Amaewhule and 24 others against the Speaker, Victor Oko-Jumbo and five others.
Mr Amaewhule and 24 other lawmakers in the assembly, whose seats were declared vacant following their defection to the APC, are loyal to the immediate-past governor of the state, Nyesom Wike (now FCT minister) while Mr Oko-Jumbo and two other lawmakers who are currently in charge of the assembly are allies of Governor Fubara.
The appellate court also rejected the request by Wike’s allies to set aside the trial court’s order restraining them from parading themselves as members of the state assembly.
Justice Barka further rejected their request to restrain Governor Fubara-backed lawmakers from parading themselves as members of the state assembly.
The judge ordered parties in the suit to maintain the status quo pending the determination of the appeal.
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What Wike’s allies want
Mr Amaewhule-led faction, dissatisfied with the order of the trial court, filed an appeal asking the appellate court to, among other requests, order a stay of execution of the interim injunction earlier given by the trial court.
The lawmakers also asked the appellate court to issue an order restraining Governor Fubara from implementing the decision of the trial court and for the trial court to stay proceedings pending the determination of the appeal.
It further asked the court to restrain Mr Oko-Jumbo and two others from parading themselves as members of the state assembly.
The Mr Oko-Jumbo-led assembly, since he emerged as speaker under controversial circumstances, had confirmed the appointment of commissioners, and carried out other legislatives businesses, a development which prompted the pro-Wike lawmakers to ask the Court of Appeal to issue an order setting aside the sittings, proceedings, and deliberations done by the Fubara-backed lawmakers.
Court ruling
The Court of Appeal, in its ruling, ordered all parties to maintain the status quo, pending the determination of the appeal before it.
“I have equally studied the prayers of the applicants. A critical study of the prayers deals with the substance of the issues on appeal, and dealing or granting the same will tantamount to determining the issues on appeal at this interlocutory state, which this court will decline to do,” Justice Barka stated.
The certified true copy of the court ruling was sent to PREMIUM TIMES by Chukwudi Nelson, the spokesperson to Governor Fubara.
Background
The oil-rich Rivers State has been enmeshed in a political crisis since October last year after some lawmakers backed by Mr Wike initiated an impeachment plot against Governor Fubara.
The crisis was triggered by the struggle over the control of political structure in the state between Governor Fubara and Mr Wike.
The political rifts between the two former allies worsened despite a peace deal brokered by President Bola Tinubu.
The pro-Wike lawmakers, after the peace deal, had returned to the assembly and conducted legislative business, overriding Governor Fubara’s veto on bills.
The lawmakers had, at least six times, overrode Mr Fubara’s veto to bills, a development that forced the governor to declare that the pro-Wike lawmakers were no longer members of the state’s assembly and had lost their seats, having defected to the APC.
Days after the declaration, Mr Oko-Jumbo emerged a new speaker of a three-member faction of the assembly.
Mr Oko-Jumbo, after his emergence, secured a court order restraining the pro-Wike lawmakers from parading themselves as members of the assembly, which prompted the pro-Wike lawmakers to file the appeal.
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