• Accuses lawmakers loyal to Fubara of contravening laws
• Purported order stopping sack of 27 Rivers lawmakers goes viral
From Tony John, Port Harcourt and Godwin Tsa, Abuja
Pro-Nyesom Wike’s lawmakers of Rivers State House of Assembly have described decisions reached by the pro-Governor Similanayi Fubara lawmakers led by Edison Ehie, particularly the passage of the budget, as null and void.
On December 13, Governor Fubara presented the 2024 Appropriation Bill of over N800 billion to the Edison Ehie-led four-member Assembly for consideration.
In a jet speed, the four lawmakers approved the budget barely 24 hours after it was presented. The budget has since been signed into law.
But Martin Chike Amaehwule, leader of the 27 lawmakers who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), said at a dedication service and stakeholders meeting of the All Progressives Congress (APC) in Port Harcourt, yesterday, that the four-man group cannot form a quorum, adding that whatever they were doing in the name of the Assembly cannot stand. In fact, he said the lawmakers were only holding family meetings.
On the State House Assembly complex, he said they were not notified about the demolition or given the opportunity to move out their personal belongings and important documents from the complex.
Amaehwule explained that Fubara supervised the demolition of the State House of Assembly and the belongings of the lawmakers and staff of the Assembly were trapped inside the complex.
According to him, important documents, files, archives and personal belongings of the lawmakers and staff of the Assembly were destroyed during the demolition of the complex. But the State Commissioner of Information and Communication, Joe Johnson had said that the Assembly was demolished because of structural defects.
“As we speak the governor has gone to demolish the state House of Assembly, an edifice built with taxpayers money. He personally supervised the demolition of the complex not minding that our property, things belonging to members and staff of the Assembly were inside there and they were looting them. Documents, our archives, our belongings were inside the complex before the demolition.
“What the governor is doing is against the law. We hear that some four persons gathered and are meeting somewhere, but we don’t know what they are doing. Rivers people should know today that the House of Assembly of any state is defined by the constitution and the only way you can reconvene the House, you need to have a quorum and quorum is 11. If you are not up to 11, anything you are doing is a family meeting, anything they told you they have done ignore them, it’s null and void the law is clear about it.
“Anything you are doing you must do it in line with the dictates of the constitution and the standing orders of the Rivers House of Assembly. We are 27; in all they are just four so whenever we meet, who is meeting, it’s Rivers State House of Assembly.”
He said that the governor had stopped funding the Assembly and pointed out that the Assembly finance management autonomy bill would address the issues of withholding the funds belonging to the Assembly.
“As legislatures our job is to come up with legislation that will help the people of Rivers State. We have just passed the state fund management bill. That law grants the financial autonomy of the state legislation. What it means is that as soon as assent is given to that bill, we don’t have to run to the governor to beg for funds to manage the House of Assembly. Currently the governor has stopped funding the state House of Assembly but once the bill is consented what that means is that funding will come straight from consolidated revenue of the state.
“What the governor is doing by not releasing funds to the state Assembly is against the constitution. The governor has stopped funding the Assembly that is a misconduct on part of the governor,” he said.
Earlier in his opening speech, the Caretaker Committee Chairman of APC in Rivers State, Chief Tony Okocha, said that the party would do everything within its power to protect the 27 lawmakers that defected to the party.
Chief Okocha said that the party would not fold its arms and watch the lawmakers being intimidated. He said that the new APC in the state would right the wrong brought about by what he described as bad administration.
Giving reason for their defection, he said they defected to APC because of the crisis in Rivers PDP and the love President Bola Tinubu had demonstrated for Rivers State through the appointment of Rivers indigenes and some projects initiated by the present administration.
Meanwhile, an order of a Federal High Court purportedly issued by Justice Donatus Okorowo, halting the removal of the 27 lawmakers has gone viral in the social media.
The ruling which according to the court document would have been issued today, suddenly surfaced in the social media 24 hours before delivery.
According to a copy of the ruling, Justice Okorowo in granting an ex parte order restrained the Independent National Electoral Commission (INEC), PDP, Rivers State House of Assembly, the Clerk of Rivers State House of Assembly, the Inspector General (IG) of Police and the Department of State Service (DSS), from taking any steps to remove the 27 lawmakers from office over their defection.
The purported ruling in the suit marked: FHC/ABJ/CS/1681/2023, is dated Monday, December 18, 2023, although not signed by the judge.
Besides, the purported ruling did not state who filed the suit or moved the ex parte application on behalf of the plaintiffs/applicants.
“By this urgent application, the Plaintiffs/Applicants are praying this Honourable Court for 5 (five) interim injunctive reliefs.
“I have carefully listened to the submissions of the Learned Senior Counsel and also considered the affidavit of Rt. Hon. Honourable Martin Chike Amaewhule (the 1 ‘’ Plaintiff) in support of the motion, the documentary evidence marked EXHBITS Al — A5, BiBS and C as well as the Written Address in support.
“The urgency of the subject matter of this Suit is abundantly clear from the affidavit evidence and the supporting documents. This court is eminently vested with the requisite jurisdiction to consider an application of this nature in the circumstances having regard to the provisions of Order 26 Rule 5 of the Federal High Court”, the document read in part.
While observing that the court have a duty to intervene in really urgent Situations such as this, the court held that it cannot ignore the import of evidence tendered before it which have affected the legal rights of the Applicants and necessitated them to find refuge by defecting to the All Progressives Congress (APC).
“In the circumstances, there is an urgent need to protect the seats of the Plaintiffs/Applicants from being declared vacant by the Defendants or being hampered in the performance of their legislative function.
“For the avoidance of doubt, An interim order of injunction is hereby made restraining: The 1” and 3” Defendants, either by themselves, their officials, officers, servants, agents, staff or privies from declaring vacant or taking any steps whatsoever to declare vacant the seats of the Plaintiffs/Applicants at the Rivers State House of Assembly; from withdrawing the Plaintiffs/Applicants’ respective Certificates of Return and from conducting fresh elections to fill in the seats of the Plaintiffs/Applicants at the Rivers State House of Assembly, pending the hearing and determination of the Motion on Notice.
“The 1st Defendant from conducting fresh elections to fill in the seats of the Plaintiffs/Applicants in Rivers State House of Assembly, pending the hearing and determination of the Motion on Notice”.
Besides the court restrained the Defendants from interfering with or impeding in any way or attempting to interfere in any way the performance of the Plaintiff’s official and legislative functions as the Speaker, the Deputy-Speaker and members, respectively, of the Rivers State House of Assembly, pending the hearing and determination of the Motion on Notice.
The judge subsequently fixed Wednesday, January 17, 2024, for hearing.
• Centre ‘uncovers’ plot to use Court to halt conduct of by-elections
The Centre for Africa Liberation and Socioeconomic Rights (CALSER) has raised an alarm over an alleged plot by some members of the Rivers State Assembly to thwart the conduct of by-elections in the state.
At a parley with newsmen, the Centre, claimed that the lawmakers plan to approach the courts to challenge the legality of the letter sent to the Independent National Electoral Commission (INEC) to conduct by-elections to fill the vacuum created as a result of their defection to another political party.
Accordingly, Convener of the group, Princess Ajibola, urged the lower courts not to allow itself to be used to undermine the stability of the country by rejecting any overtures from the 27 defected lawmakers in the Rivers State House of Assembly.
“The position of the Supreme Court is clear about defection from one political party to another, Section 109. (1) (g) of the Nigeria constitution clearly states that ‘A member of a House of Assembly shall vacate his seat in the House if being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected.
“We must recall that in 2022, a Federal High Court in Abuja sacked 16 Ebonyi House of Assembly members for defection. The court held that the movement breached Section 109(1)(g) of the 1999 Constitution as amended, providing that defector legislators are not allowed to retain their legislative seats.
“The same provisions were also applied in Cross River state, including the Federal House of Representatives. Suppose this is the position of the 1999 Constitution of the Federal Republic of Nigeria as amended in Section 109(1)(g). In that case, the lower courts do not have the jurisdiction to entertain any matter of defection from one political party to another”, she stated.
Besides , the Centre reminded the lower courts that any attempt to entertain the planned suit by the 27 defected members of the Rivers State House of Assembly would amount to turning the law on its head.
They expressed confidence that the 27 defected lawmakers do not have any locus standi to approach the courts to challenge the legality of the letter sent to the Independent National Electoral Commission to conduct by-elections to fill the vacant seats.
“If the lower courts entertain such a matter, it would amount to judicial rascality and with its attendant implications for the growth and development of democracy in Nigeria.
“Nigerians must resist the planned judicial rascality in Rivers State. The plan by the 27 defected lawmakers must be resisted by all and sundry. The lower courts must prove to Nigerians that the judiciary is the dispenser of Justice, protector of the rights of the people, and guardian protector of the Constitution of the State”, they added.