Scroll down to enjoy our stories
Politics

Rivers crisis: Court bars pro-Wike lawmakers from sitting in Assembly complex

×

Rivers crisis: Court bars pro-Wike lawmakers from sitting in Assembly complex

Share this article

…orders Fubara’s loyalist, Ehie to preside as Speaker

Rivers State High Court sitting in PortHarcourt, on Tuesday, ordered a factional Speaker of the state House of Assembly, Edison Ehie, loyal to Governor Siminalayi Fubara, to preside over the legislative arm of the state pending the determination of a motion before it.

The court also barred lawmakers loyal to the Minister of the Federal Capital Territory, Nyesom Wike, from sitting in the Assembly complex following Governor Fubara’s directive that the facility was under renovation.

Justice M.W Danagogo, gave this order, in an experte motion of Suit No. PHC/3030/CS/2023 in which Rivers State House of Assembly is the first claimant and Ehie as second claimant and Martin Amaewhule is the first defendant while Deputy Speaker, Dumle Maol, is the second defendant.

In the process which was prepared by D.I Iboroma, a Senior Advocate of Nigeria, and others, Edison wants the court to order Amaewhule and others to stop going into the state assembly complex until the burnt chamber is fully renovated by the government.

Edison also wants the court to order that he lawfully take over the speakership of the state Assembly until the matter is dispensed, praying that Amaewhule should be stopped from conducting himself as the Speaker of the House.

But the court in an Interim Order granted the requests of the applicant, urging Amaewhule and others to stop using the Assembly premises following the directive of Governor Fubara that the facility was under renovation.

In the order, the court threatened that Edison would pay N50m as damages if the application before the court turns out to be frivolous.

It, however, ordered the claimants to serve the Interim Order, the Motion on Notice already filed, the Originating Process and other processes in this suit on the defendants on or before December 13, 2023.

The court granted leave to the claimants to serve all the processes by substituted means by publication in two national newspapers or by posting at a conspicuous part of the last known address of the defendants and adjourned till December 21 for motion on notice

But the court entered the following orders:

“AN ORDER OF INTERIM INJUNCTION restraining the Defendants and the 2nd Claimant/Applicant either acting by themselves or through their agents, servants, privies, assigns or any person(s) acting in whatsoever manner and howsoever called or described, from further use of armed thugs accompanied by police personnel in riot gear to gain access to the Rivers State House of Assembly complex at Moscow Road, Port Harcourt, Rivers State which was burnt, destroyed, damaged and rendered uninhabitable as a result of the fire that engulfed the Assembly Complex on the 2nd day of October 2023, contrary to the order of the executive Governor of Rivers State relocating the sitting of the 1st Claimant to a secure and more conducive venue to ensure that the activities and meetings of the House are not disrupted during the period of the renovation of the burnt building, pending the determination of the motion on notice already filed.

“AN ORDER OF INTERIM INJUNCTION restraining the Defendants whether by themselves, their agents, servants, privies and representatives in whatsoever and howsoever manner from preventing, disrupting and interfering with the smooth and regular operation, management and administration of the 1 Claimant/Applicant pending the hearing and determination of the motion on notice already filed in this suit.

“AN ORDER OF INTERIM INJUNCTION restraining the Defendants whether by themselves, their agents, servants, privies and representatives in whatsoever and howsoever manner from preventing, disrupting and interfering with the exercise of the 2nd Claimant/Applicant’s statutory legislative duties of summoning and holding meetings, proceedings, issuing notices, passing resolutions, bills and performing other legislative functions of the 1st Claimant/Applicant pending the hearing and determination of the motion on notice already filed in this suit.”

Meanwhile, the Caretaker Committee Chairman of APC in Rivers, Chief Tony Okocha, said that the experte order was aimed at intimidating 27 PDP members who defected to the APC in the state.

Chief Okocha at a press conference on Tuesday, said that the APC would be left with no other option but to petition National Judicial Council on what he called frivolous experte orders.

He said that the NJC had in the past sanctioned judges who flouted NJC directives on experte orders, saying that the party would petition the NJC to look into the matter.

“We wish to intimate Nigerians of the recent judgement in Rivers State. Today Rivers State people woke up to hear about the judgement the Rivers State high court granted with impunity; an experte order to one Hon. Edision Ehie recognizing him as Speaker of Rivers State House of Assembly.

“It would be recalled that the same Hon. Edision had approached a federal high court in Rivers State seeking to be declared as the Speaker of Rivers State House of Assembly in the case argument has been taken and judgement reserved for January, 2024.

“Surprisingly, today (Tuesday) on the same subject matter, Justice Danagogo granted an experte order purporting to recognize Hon. Edision as Speaker of the State House of Assembly. This is a fragrant abuse of court processes.

“The judge claimed that the case which was filed by Edision on the 30th of October, 2023 and assigned to him in the first of November, 2023 for all this length of time. If the subject matter was urgent, why did the judge wait till today, December 12, to declare an experte?

“It’s in public glare the 27 Assembly members who were elected under the PDP platform crossed over to the APC citing irreconcilable differences in the PDP – a move supported by Section 109 of the Constitution of Nigeria. The defectors were received by APC Rivers yesterday (Monday). It’s because of the defection that brought about the court order from Justice Danagogo

“The judge has contravened the NJC order on frivorious experte orders and has sanctioned judges that defiled the orders. He said the reason for the judgement is to allow Governor Fubara present his budget to the Assembly.”