By Afolabi Samuel Odunayo
Legislators loyal to Rivers State Governor, Siminalayi Fubara, led by Hon Victor Oko-Jombo, Speaker of the Rivers State House of Assembly, have vowed to approach the Supreme Court to seek redress over a recent Appeal Court judgement delivered on July 4, 2024 validating the status of Martin Amaewhule and 24 other members of the House.
In a press statement issued on behalf of Oko-Jombo and signed by Mr G. M. Gills-West, Clerk of the House, the legislators said that the Rivers State House of Assembly disagrees with the Appeal Court judgement which struck out the exparte order of the High Court.
Recall that the order in question was about the removal of Martin Amaewhule and 24 other ex-Rivers State legislators from their seats in the House following their initial purported vacation of their seats on the basis of their mass resignation.
It would be recalled that the ruling of the State High Court tagged SUIT NO. PHC/1512/CS/2024 did not sit well with Amaewhule and 24 others, which prompted them to approach the Court of Appeal Port Harcourt Division and filed case, APPEAL NO. CA/PH/198/2024, seeking a proper interpretation of the law with respect to the issues in contention.
However, in its reaction to the Court of Appeal ruling on the matter, the Pro-Fubara House of Assembly rejected the judgement in its entirety explained. The legislators explained their position thus: “Yesterday, the 4th of July, 2024, the Court of Appeal, in its lead Judgement, allowed the Appeal by Martin Ameawhule & 24 ORS on the ground that the Rivers State High Court lacked the jurisdiction to hear and determine the case.
“Accordingly, the Court of Appeal struck out Suit No. PHC/1512/CS/2024 and NOTHING MORE. The Court of Appeal did not make any declaration that Martin Amaewhule & 24 ORS did not defect from the PDP to APC.
“The Court of Appeal also did not make any declaration that Martin Amaewhule and 24 ORS are still members of the RSHA.”
Speaking further, the Victor Oko-Jombo-led assembly members maintained that the Court of Appeal acted in error by ruling that the State High Court “lacked the jurisdiction to hear and determine SUIT NO PHC/1512/CS/2024.”
The legislators said it was on this basis of the above that they filed an appeal challenging the ruling made by the Appeal Court on July 4, 2024.
The statement also emphasised that Martin Amaewhule and other 24 ex-lawmakers are no longer legitimate members of the Rivers State House of Assembly, except a “court of competent jurisdiction says otherwise”
Also, in the statement released to journalists, the Pro-Fubara assembly stated that they “are the legitimate members of the RSHA here by call on the Independent National Electoral Commission to promptly conduct a bye-election to fill the vacant seats in the RSHA.
“We strongly urge the general public to ignore Martin Amaewhule & 24 ORS in their pretence that they are members of the RSHA.”
Recall that on December 11, 2023, Martin Amaewhule and 24 others defected from the Peoples Democratic Party (PDP) to the All Progressive Congress (APC). The Speaker of the House of Assembly, Rt. Hon. Edison Ehie, had consequently declared the seats of Amaewhule and 24 others in the RSHA vacant on December 13, 2023.
Part of the argument by the pro-Fubara legislators is that the declaration by Rt. Hon. Edison Ehie has not been set aside by any court in Nigeria.
