The Rivers State High Court in Port Harcourt, on Wednesday, issued an interlocutory injunction restraining the Martin Amaewhule-led House of Assembly from further sitting and parading themselves as members of the state legislature.
Justice C.N. Wali granted the order in a suit filed by the faction of the Assembly loyal to Governor Siminilayi Fubara.
The Rivers Assembly became factionalised last October when the cordial relationship between Fubara and his predecessor and political godfather, Nyesom Wike, broke down.
While Amaewhule leads 24 lawmakers loyal to Wike, Victor Oko-Jumbo emerged this year as the Speaker of the faction loyal to Fubara.
Amid the crisis between Wike and Fubara, the pro-Wike lawmakers defected from the Peoples Democratic Party to the opposition All Progressives Congress.
However, the PDP, on whose platform they were elected, approached the court, seeking an order declaring their seats vacant.
On Thursday, the Rivers APC fumed at the court order restraining the pro-Wike lawmakers from further sitting.
The Rivers State government, however, welcomed the development.
The Commissioner for Information and Communication, Joseph Johnson, said, “The law has spoken, and once the law speaks, rascality must cease.”
But the Publicity Secretary of the Rivers APC, Chibuke Ikenga, alleged judicial compromise and executive interference.
The injunction, which restrains the 25 lawmakers from holding legislative activities, followed a similar ex parte order on May 10.
In the latest ruling, Justice Wali restrained the 25 pro-Wike lawmakers “from parading and holding out themselves as members of the Rivers State House of Assembly and/or meeting/sitting at the auditorium of the House of Assembly Quarters located at off Aba Road, Port Harcourt, or at any other place whatsoever to purport to carry out the legislative business of the Rivers State House of Assembly, their legislative seats having been declared vacant, pending the hearing and determination of the substantive suit.”
The judge also restrained Fubara and the Rivers State Attorney General, who were joined in the suit as the 26th and 28th defendants, respectively, “from dealing with, interfacing, accepting any resolutions, bills and/or however interacting with the first to 25th defendants in their purported capacities as members of the Rivers State House of Assembly, their legislative seats having been declared vacant with effect from December 13, 2023, pending the hearing and determination of the substantive suit.”
But the Rivers APC condemned the ruling.
Its Publicity Secretary, Ikenga, said the party was not surprised, alleging that the executive was procuring pronouncements outside the law.
He said, “We do know that there is an integrity question on Justice C. N. Wali. We are not unaware that they have all been compromised, particularly himself and a few others.
“They are pandering to the whims and caprices of the executive who today is their paymaster represented by the governor. So, it is expected that they will continue on that trajectory by taking decisions outside the provisions of the law.
“They are doing so for pecuniary reasons and we understand that. They have descended into the arena of politics, which is disturbing. They have nosedived integrity, they have compromised their positions of authority and behaving in an unholy manner,” he said.
Asked if he would advise the Amaewhule-led lawmakers to appeal the ruling, he said there was already a subsisting judgment by a Federal High Court.
“You will recall that there is a subsisting judgment of the Federal High Court by Justice Omotosho, which clearly stated that the House of Assembly that Hon. Martin Amaewhule leads is legally constituted and that nobody, including the governor, should tamper with their existence.
“But they have jettisoned all that with the executive rascality and have moved to procure other court pronouncements.
“Judgment is higher than an order. So, Justice Omotosho’s judgment far outweighs that of C. N Wali, who gave an interlocutory order,” he added.
However, the Rivers information commissioner, Johnson, hailed the ruling restraining the pro-Wike lawmakers.
Johnson stated, “The court has made a pronouncement and they have no choice but to obey until the motion is heard.
“I hear the matter comes up sometime in July. So, it is quite salutary. It will help to give us some rest and we will have peace between now and July.
“When the matter starts in the court, we will follow the proceedings. That is the law; once the law speaks, rascality will cease. The law has spoken.”
credit- punch