Reactions trail court ruling on suit seeking to replace 27 Pro-Wike Rivers lawmakers

EMMANUEL NLEWEDUM, Port Harcourt

Reactions have continued to trail the verdict of an Abuja Federal High Court on Friday, which dismissed a suit filed by the Action People’s Party, APP, seeking to compel the Independent National Electoral Commission, INEC, to conduct an election to replace the 27 pro-Wike members of the Rivers State House of Assembly, who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

But the embattled lawmakers led by the factional Speaker, Martin Amaehwule, in a twist of event, after he and 26 other colleagues loyal to the FCT Minister, Nyesom Wike were received to the APC at a thanksgiving service organized by the Caretaker Committee of the party led by Chief Tony Okocha at Polo Club, Port Harcourt in December 2023, has made a U-turn, saying that they did not defect again.

Ruling on the suit brought before him, Justice Peter Lifu, held that the suit was not only statute barred, it also constituted an abuse of court process, noting that while the 27 lawmakers, allegedly defected in December last year, the APP filed the suit on July 12, about 8 months after the cause of action arose.

Reacting to the judgment, the APP through its Rivers State Legal Adviser, Barrister Henry Ekine, told newsmen that the party is reviewing the judgment in order to determine the nature of appeal it will file.

Barrister Ekine stated that APP never requested the removal or sacking of the embattled Rivers Assembly Speaker, Martin Amaewhule and 26 others from the State House, but that the party rather relied on the provisions of the 1999 Constitution of the Federal Republic of Nigeria, to request the court, as a responsible political party that wants the groundnorm of the country respected at all times, to look at the law, and ensure that no vacuum was allowed to exist in line with existing law.

Barrister Ekine said, “What we want you to know here is to tell the general public and our esteemed members that nothing substantial has changed. All of the decisions that have come out from the various high courts; courts of coordinate jurisdiction, I think will be settled when we get to the Supreme Court.

“What is fundamental is that the judgment of Justice Peter Lifu of the Federal High Court, Abuja is not final, and then, it has not changed substantially the position of the Rivers State House of Assembly with respect to its leadership as far as APP is concerned.

“That is why we went to court. We feel strongly, up until now, that there are vacant positions in the Rivers House of Assembly, and those positions need to be filled. To our knowledge, they are three members that are left. The Speaker, in that regard, is the person of Rt Hon Victor Oko-Jumbo. This is what the public needs have.”

Ekine said the judgment by Justice Lifu alluded that the matter is a pre-election concern, filed beyond the statutory timeframe of 14 days as mandated by Nigerian law, citing judgments.

He also noted court’s reference to gross abuse of the judicial process by the APP because similar cases concerning the alleged defection of the 27 lawmakers had been adjudicated by the Federal High Court already, noting “But what is fundamental is to state that these issues about the Rivers State House of Assembly leadership, there are various decisions of courts, including Justice Wali’s judgment restraining the estranged former members of the Rivers State House of Assembly from interfering with the activities and proceedings of Rivers State House of Assembly led by Victor Oko-Jumbo. And even that judgement is on appeal, and will go to the Supreme Court. Until the apex court decides, Justice Wali’s decision remain valid.”

Meanwhile, Chairmen of both factions of the APC in Rivers State have since engaged in battle of words over the real status of the 27 embattled Assembly members led by Martin Amaehwule, after the Friday Federal High Court ruling.

While the APC faction led by Chief Emeka Beke as Chairman, is insisting that Rt Hon Martin Amaehwule and 26 other Pro-Wike lawmakers are members of the party following their defection from the PDP last December, the Chairman of the Caretaker Committee of the party in the State, Chief Tony Okocha maintained that the lawmakers remain members of PDP.

Emeka Beke in a press statement on Saturday said, “It is obvious, evident, and on records that in several fora, the said Martin Amaewhule and others publicly defected from the PDP to the APC and they were hosted to a reception ceremony by the said Tony Okocha who claimed to be the then CTC Chairman of Rivers State APC.

“Therefore, they cannot make a U-turn in the midnight and yet be celebrated by the same Tony Okocha, who they are now denying. What a shame.”

Beke declared that all the judgments referred to by the Okocha faction of the APC have not been dealt with on the merit of the defection and the declaration of their seats vacant by the then Speaker, Rt Hon Edison Ehie, “And nothing shall by any means restore their status as members of the Rivers State House of Assembly. Unless the court decides otherwise.

“It is worrisome to note that even the faction of the Rivers State PDP led by (Nyesom) Wike has not issued any statement concerning the said much celebrated judgment by the said Tony Okocha and his co-travelers, who are on a fishy expedition, which has certainly led them to political extinction.

“Even though we are aware of the hands of Esau (Wike) and the voice of Jacob (Tony), which is the script Tony Okocha is playing, we are still mindful and totally aligned ourselves to the statement made by the governor of Bauchi State, HE Bala Mohamed, wherein, he referred to Wike as a member of PDP and APC. Yet the said Wike is not ashamed of that public negative abuse”, he said.

Responding to the argument that the Amaehwule led lawmakers had actually defected and were graciously received by the CTC Chairman, Chief Okocha said the reception was a mere gimmick.

Chief Tony Okocha, who is backed by the APC NWC as party’s Caretaker Committee Chairman in Rivers State, in a statement in Port Harcourt Saturday said, “You hear that they (lawmakers) flaunted APC flag and honoured my invitation to be Guests to APC Caretaker committee organized Thanksgiving at the polo club. If they were wise and knowledgeable, they would have stumbled on the word “gimmick”.

“We are masters in the game. See where and how the well-orchestrated “political gimmick” confused the neophytes and they are crying wolves! What is the proof of membership of Party or an organization? Affidavit is not one source to prove membership. Flaunting of flag of a different party on the floor of anywhere (in this case, the hallowed chamber of the RSHA) is unknown to law as indicating that the one has defected. What is the concrete proof?”

Okocha noted that for the Rivers state Governor, Siminalayi Fubara to have lose the 27 lawmakers and 23 council chairmen in one fell swoop marks a dead political end, wondering if the likes of Dr. Abiye Sekibo, former Governor Celestine Omehia and former deputy speaker, House of Representatives, Austin Opara were still members of PDP, Rivers state

According to him, “Rt. Hon. Martin Chike Amaewhule is the incontrovertible Speaker of the Rivers State House of Assembly. The other 26 Distinguished House members are untouchable! Anyone averse to this, can go hug a wet transformer”.

Also reacting to the Abuja High Court judgment, a Port Harcourt resident identified as Sam urged the Nigerian Judicial Council, NJC, must act fast to end what he described judicial rascality on the Rivers State crisis.

He described the Friday ruling as an assault on the constitutional democracy, in the country.

“NJC should be alive to their responsibility of cleaning our judiciary because this riot is nauseating. How on earth is decamping case of pro-wike lawbreakers be pre-election matters?

“When they finish commiting atrocity, they will run to the court to bribe their way. Is it the Nigerian judiciary that is deciding who should lead us now?

“This judgement is an assault on the constitutional democracy. It is unacceptable. Rt. Hon. Oko-Jumbo remains the valid speaker of the Rivers State House of Assembly based on existing High Court judgement and rulings.

He, however, insisted that it is the duty of everybody, especially all judicial officers, and the President of Nigeria to protect the nation’s Constitution and it’s provisions in cases such as that of Rivers State and the State Assembly.

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