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Justice Charles N. Wali of the Rivers State High Court in Port Harcourt has restrained 25 lawmakers in Rivers State loyal to the Minister of the Federal Capital Territory, Chief Nyesom Wike, from parading themselves as members of the Rivers State House of Assembly.
Few hours after the court restrained the Martin Amaewhule’s faction of the State House of Assembly from parading themselves as lawmakers in the state, a heavy police presence was sighted at the entrance gates of the Assembly Quarters on Aba Road, Port Harcourt.
It was reported that the Amaewhule-led members of the state assembly had allegedly mobilised the policemen to their three access gates to stop the governor from accessing the facility.
Governor Siminalayi Fubara, had on Thursday visited the State Assembly Quarters with many speculating that he may be considering to renovate the facility.
But Amaewhule had stated that they do not want the governor in the facility any more. However, on Friday, over 35 fierce-looking and fully armed policemen and over four security vans were mobilised to all the gates leading into the assembly quarters.
In its ruling on Friday, the court also stopped the affected lawmakers from sitting at the Auditorium of the House of Assembly Quarters located off Aba Road, Port Harcourt or any other place whatsoever to carry out the legislative business of the Rivers State House of Assembly, pending the hearing and determination of the Motion on Notice filed on Friday, by the newly sworn-in Speaker, Rivers State House of Assembly, RT. Hon. Victor Oko Jumbo and Hon. Sokari Goodboy Sokari.
Justice Wali gave this order in suit number PHC/1512/CS/2024, filled by Rt. Hon. Victor Oko Jumbo, Speaker, Rivers State House of Assembly; Hon. Sokari Goodboy, and Hon. Orubienimigha Timothy, against Hon. Martin Chile Amaewhule and 24 other lawmakers.
Also joined as defendants were the Governor of Rivers State, the Attorney-General of Rivers State, and the Chief Judge of Rivers State, respectively.
The court also restrained Governor of Rivers State, the Attorneys-General Rivers State, and the Chief Judge of Rivers State from dealing with, interfacing, accepting any resolutions, bills or interacting with the affected lawmakers in their purported capacities as members of the Rivers State House of Assembly, their legislative seats having been declared vacant with effect from 13th December, 2023.
The order read, “Upon this Motion Ex-parte coming up before His Lordship Hon. Justice C.N. Wali for N. WAU hearing and determination, and after hearing Sammie A. Somiari, SAN with B.N. Judge Owunabo, K. O. Ogunjobi, B. S. Orupabo, O. J. Ifejika. and T. Apnoku, for the Claimants/Applicants it is hereby ordered as follows: “An Order of interim injunction is granted restraining the 1st to 25th Defendants from parading and holding out themselves as members of 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 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 Motion on Notice.
“An Order of interim injunction is hereby made restraining the 26th to 28th Defendants from dealing with, interfacing, accepting any resolutions, bills and/or howsoever interacting with the 1st 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 13th December, 2023 pending the hearing and determination of the Motion on Notice.
“It is further Ordered that this Order, the Motion on Notice and the writ and other processes in this case be served on the 1st to 25th Defendants/Respondents within seven (7) days from date by substituted means to wit: pasting at the entrance gate of the Rivers State House of Assembly Legislative Quarters, Off Aba Road, Port Harcourt and for such service to be deemed good and proper.”
The court, however, adjourned the case till the 29th of May, 2024 for Motion on Notice.
Meanwhile, Fubara has issued an executive order for the temporary relocation of sittings of the Rivers State House of Assembly.
The Executive Order marked RVSG 001-2023 read: “Whereas on the 29th day of October 2023, a fire incident occasioned by unknown person burnt and damaged the hallowed chambers of the Rivers State House of Assembly
“That the Hallowed Chamber of the Rivers State House of Assembly in its present state is unsafe and constitutes a threat to the lives of the staff and the Honourable members of Rivers State House of Assembly and, thus, not conducive for the business and proceeding of the Rivers State House of Assembly.
“That it is expedient to carry out urgent repairs, renovation, and reconstruction of the burnt and damaged chambers of the Rivers State House of Assembly. That it is further reasonable to ensure that the business and proceedings of the Rivers State House of Assembly are not impeded and frustrated.
“Now, therefore, I, Sir Siminalayi Fubara, the Governor of Rivers State this 30th day of October 2023, Pursuant to the powers vested in me under the 1999 Constitution of the Federal Republic of Nigeria (as amended) hereby issue, order, and direct that all proceedings and business of Rivers State House of Assembly shall temporarily take place at the Auditorium, Admin Block, Government House, Port Harcourt until the repairs, renovation or reconstruction of the chambers of the Rivers State House of Assembly are completed.”
In its reaction to the crisis in the State, the All Progressives Congress (APC) said, “the Governor of Rivers State, Siminilayi Fubara is actively and vehemently precipitating his own impeachment through his actions, conduct and infantile comments.”
The National Publicity Secretary of the party, Felix Morka stated this yesterday while addressing a press conference in Abuja.
He added, “The Peoples Democratic Party (PDP) recently tendered a hogwash argument that by Section 109 of the Constitution, the 27 House of Assembly members who defected from PDP to APC have forfeited their seats, and echoed the governor’s declaration that the Rivers State House of Assembly is non-existent.
“Contrary to PDP’s assertions, it is not APC that is calling for the impeachment of Governor Fubara. Rather, by his egregious actions, conduct and infantile comments, Fubara is actively and vehemently precipitating his own impeachment.
“Governor Fubara’s declaration that the Rivers State House of Assembly does not exist is not only reckless, it is a direct affront to the constitution of the Federal Republic of Nigeria.”
Morka stressed that the House of Assembly was a creation of the Constitution, and vested with the legislative authority of the state, saying the members of the Assembly were elected by the people of Rivers State in the same manner that Fubara was elected governor.
He added that the Assembly does not exist at the Governor’s pleasure, stating that the legislature is at the core of the idea of democracy.
Morka, pointed out that if his declaration that the House of Assembly was non-existent was based on the fact that the 27 members who decamped from PDP to APC have lost their seats, then Fubara had been sorely misled.
He said the 27 people did not lose their membership of the Assembly by virtue of their decampment, stressing that there was, “nothing homeostatic about Section 109(1)(g) of the Constitution.”
Morka was of the opinion that only a properly constituted court of law could make a determination as to whether a member of the House of Assembly has vacated his seat in accordance with that provision of the Constitution.
According to him, “As no such judicial determination has been made, the 27 APC members of the House of Assembly remain the constitutionally recognised and authorised members of the Rivers State House of Assembly.”
Morka stressed that the governor’s attack on the House of Assembly and its leadership was in flagrant disrespect of the order of a court of law and a violent violation of the express provisions of the Constitution.
Morka said Fubara continued to conduct the business of government unhinged, and in total contempt of the state legislature.
Also reacting, the Caretaker Committee Chairman of the APC in Rivers State, Tony Okocha, assured its unflinching support to the leadership of the state House of Assembly led by Martin Amaewhule.
During his visit to the Speaker and other pro-Wike’s lawmakers, Okocha said, “Today I visited the Rt Hon Martin Amaewhule, Speaker of Rivers State House of Assembly, Principal Officers of the 10th Assembly and members. It wasn’t a “waka pass” mission but deliberate visitation.
“I watched on television how the Chief law breaker of Rivers State, Gov Sim, forced himself in a commando style with gun-toting official and unofficial security men into the residence of Assembly members on Friday, intimidating and harassing and sending scares on the children and residents of the beautiful edifice built with Taxpayers money and commissioned.
“I went to check up with them and to assure them of the unwavering support of the APC Rivers.”
However, factional Clark of the House, Emeka Amadi, has said there was no change in the leadership of the legislature, noting that Martin Amaewhule remains the recognised Speaker of the Assembly.
Victor Jumbo, lawmaker representing Bonny constituency, was elected Speaker by lawmakers loyal to Fubara on Wednesday.
Amadi said, in a statement he personally signed, in Port Harcourt, that there was no change in the leadership of the House, insisting that Amaewhule remains the authentic Speaker of the House while Dumle Maol and Hon. Major Jack remains Deputy Speaker and Majority Leader, respectively
He said: “As the Clerk of the Rivers State House of Assembly and one who administered the Oath of membership and office to all members and a custodian of all records of the House, I write to state that apart from the seat of Khana Constituency II which was declared vacant because of the death of the member who represented the constituency, no other seat has been declared vacant.
“That there is a subsisting judgement of a court of competent jurisdiction in Suit no. FHC/ABJ/CS/1613/2023 in which the Court, among other orders, “granted an Order Of Injunction restraining the Governor of Rivers State (I1th Defendant) whether by himself or by his agents and or hirelings or in any manner howsoever from impeding or frustrating the Rivers State House of Assembly under the leadership of the 2nd Plaintiff as the Speaker of the said House in the performance of their functions including holding of meetings and the transacting of the business of the Rivers State House of Assembly.”
THISDAY also obtained a letter by Amaewhule addressed to the Director General, Department of State Security, claiming that the lawmakers in the state were under threat by the governor.
An elder statesman and chieftain of the Peoples Democratic Party (PDP), Chief Bode George, appealed to the elders of the party to intervene in Rivers PDP political crisis.
George, a former Deputy National Chairman of the PDP, called on elders and stakeholders to immediately intervene “before it becomes a national conflagration.”
Speaking in Lagos on Friday, George also warned Tinubu not to treat with levity the threat by some lawmakers in the Rivers State House of Assembly to impeach Fubara, insisting that the oil-bearing state belongs to the PDP.
While quoting Section 109(1)(g) of the 1999 Constitution which states that: a member of a House of Assembly shall vacate his seat in the House if … (g) 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”, George maintained that all the PDP lawmakers who defected to the APC have automatically lost their seats “and they are in no position to threaten Governor Fubara. So, their plot to commence impeachment proceedings against the governor is already in vain.
Regardless, a former deputy spokesperson of the party, Timi Frank warned that the illegal impeachment plot allegedly orchestrated by Wike against Fubara would destabilise President Bola Tinubu’s administration.
He declared that the renewed orchestration by Wike to illegally remove Fubara, was an attempt to undermine the Ijaw people in Rivers State.
To this end, Frank urged the President to call Wike to order in his bid to install another Ikwere man as Governor in Rivers State through the back door.
Frank, in a statement issued yesterday, underscored the critical and strategic importance of Rivers State to the economic, social and political survival of the country.
He stressed that during Wike’s time, he was not a slave to Jonathan nor his wife, Patience that helped him to become governor but rather he displayed ingratitude to Jonathan and his wife. “Therefore, we are using this opportunity to call on Tinubu to call on his Minister Wike to stop his illegal and devilish plot against Fubara,” Frank said.
Speaking on the crisis in Rivers State, a senior Lawyer, Paul Ananaba, said no law prevents Fubara from visiting the Assembly quarters
Ananaba, was reacting to the ripples caused by the unscheduled visit by Fubara to the State House of Assembly legislators’ quarters, stating that the governor did not break any law by visiting the Assembly quarters.
According to Ananaba, who spoke on a television programme monitored in Abuja, “That facility is a government facility. I don’t know anything in the law that stops the governor from going to visit the residential quarters.
“The factional speaker of a group of lawmakers had alleged that Fubara’s visit was part of the governor’s plot to demolish the assembly quarters.”
Rivers youths under the aegis of Sim Media Volunteers (SMV), on Friday, cautioned detractors trying to destabilise the government of Fubara to deter from such action, insisting that they would not tolerate any form of intimidation on supporters of the governor.
The group also lauded the governor for the developmental changes in the state, saying soon the world would witness a season of economic prosperity in Rivers State.
Speaking during a press conference in Port Harcourt, leader of the group, Frank Kilsi, said youths in the State have passed vote of confidence in the governor, stressing that no amount of threats and distractions will change how they feel for the government.
Kilsi, also commended the governor for his peaceful disposition and commitment to the security of lives and property in the state, despite the attacks he has been facing in the recent days.
They called on the Inspector General of Police to rein in his men and exercise restraint by stopping the unnecessary attack on or arrest of any of the Governor’s supporters, warning that further harassment could lead to anarchy and breakdown of law and order in the state.
Chuks Okocha, Adedayo Akinwale, Blessing Ibunge, Segun James and Wale Igbintade
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