The factional Speaker of the state House of Assembly, Martin Amaewhule, who supports Minister of the Federal Capital Territory Nyesom Wike, has been prohibited from entering the state assembly complex by a Rivers State High Court in Port Harcourt until the state government has completed renovations to the burned-out chamber.
Additionally, it directed Edison Ehie, the divisive Speaker of the State House of Assembly, to lead the legislative branch of the government on Tuesday while it considered a motion that was brought before it.
In an Experte Motion, Suit No. PHC/3030/CS/2023, wherein the Rivers State House of Assembly was the first claimant, Edison Ehie was the second claimant, and Martin Amaewhule was the first defendant, Justice M.W. Danagogo issued this order. The second defendant was Dumle Maol, the Deputy Speaker.
On Monday, a total of 27 members of the Peoples’ Democratic Party-elected Rivers State House of Assembly defected to the All Progressives Congress, threatening to veto the state governor’s request for approval. Among those who left was the divisive Speaker of the House, Martin Amaewhule.
In the filing on Tuesday, Edison requests that the court compel Amaewhule and associates to refrain from entering the state assembly building until the government has completed renovations to the burned chamber. The filing was filed by D.I. Iboroma, a Senior Advocate of Nigeria, and others.
In an effort to prevent Amaewhule from acting in his capacity as Speaker of the House, Edison also requests that the court grant him the right to temporarily assume the speakership of the state legislature until the issue is resolved.
The Rivers State Governor, Siminalayi Fubara, had ordered that Amaewhule and others cease utilizing the assembly premises while the facility was being renovated. The court granted the applicant’s petitions in an Interim Order.
The decision threatened to withhold N50,000,000.00 from Edison, the second claimant, as damages should the court reject the frivolous application.
On December 13, 2023, at the latest, the claimants were directed to serve the defendants with the Interim Order, the previously filed Motion on Notice, the Originating Process, and other relevant processes related to the litigation.
The court delayed December 21 for a motion on notice after granting the claimants permission to serve all processes by alternative means, such as publication in two national newspapers or posting at a prominent location at the defendants’ last known home.
Nevertheless, the court issued the following orders: “An Order of Interim Injunction restraining the defendants and the second claimant/applicant, acting on their own 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 burned, destroyed, damaged, and rendered uninhabitable as a result of the Assembly Complex fire on October 2, 2023, contrary to the order of the executive Governor of Rivers State relocating the first claimant’s sitting to a safer and more suitable location to ensure that the activity
An order of interim injunction prohibiting the defendants, acting alone, through their servants, privies, agents, or representatives, from impeding, obstructing, or otherwise interfering with the first claimant’s/applicant’s regular and orderly management and administration until the motion on notice already filed in this suit is heard and decided.
“An order of interim injunction prohibiting the defendants, acting alone, through their servants, privies, agents, or representatives, from impeding, obstructing, or otherwise influencing the exercise of the second claimant/applicant’s statutory legislative duties, which include calling and holding meetings, proceedings, issuing notices, passing resolutions, bills, and carrying out other legislative functions of the first claimant/applicant, until the motion on notice already filed in this suit is heard and decided.”
APC disregards the directive
However, Chief Tony Okocha, the acting chairman of the All Progressive Congress in Rivers State, quickly disregarded the High Court’s decision, claiming it was procured.
Okocha declared that the APC would request Justice Danagogo’s sanction from the National Judicial Commission.
“We would like to notify Nigerians of the reappearance of a procured judgment in Rivers State,” he said. The people of Rivers State awoke today to learn that one Edision Ehie had been given an experte order by Justice Danagogo of the Rivers State high court, recognizing him as the Speaker of the Rivers State House of Assembly, with impunity.
Remember that in the case—which has an argument scheduled for January 2024—the same Edision had petitioned a Federal High Court in Rivers State to be recognized as the Speaker of the Rivers State House of Assembly.
“Judge Danagogo surprisingly issued an experte order today on the same subject that purports to recognize this Edision as Speaker of the State House of Assembly. This is a savory misuse of the legal system. The judiciary’s intervention in the legislative process is abnormal. From our perspective, it doesn’t exist.
According to the judge, Edision filed the lawsuit on October 30, 2023, and it was given to him on November 1 of the same year. Why did the judge wait until today, December 12, 2023, to grant an expert if the situation required urgency for such a long time?
“On Monday, 27 members of the Rivers State House of Assembly, who were elected on the PDP platform, defected to the APC in public view, citing irreconcilable differences within the PDP. This move is backed by section 109, 1 sub-G of the Nigerian Constitution.”
“The defectors were received by APC Rivers yesterday,” he continued. The order that Justice Danagogo obtained was brought about by the obvious dread of that defection. The judge disapproved of judges who disobeyed the frivolous experte orders and violated the NJC ruling.
The ruling was made in order to provide the governor permission to present the Assembly with the budget. The APC will not sit idly by and let courts issue expert orders in willful disregard of NJC directives. We are fully aware that this offense is being committed in order to provide the governor permission to present the Assembly with the 2023 budget.
Unfortunately, with 27 of the House’s members having defected to the APC, how can four members of the Rivers State House of Assembly exercise leadership over the other 31 members?
“We use this medium to notify the learned Judge beforehand that the APC Rivers will not remain silent while the procured exparte order is made in flagrant disobedience to the NJC and in flagrant violation of well-known trite legal principles.”
If the judge did not quickly reverse himself, the party claimed it would be “left with no option than to petition Justice Danagogo to the NJC.”
Lastly, we advise Rivers State’s governor to abstain from taking any move that will intensify the political unrest that his party, the PDP, is masterminding in the state.
“As the party with a resounding majority in the house, the APC, we will not put up with any form of intimidation, harassment, or threats against our members. We can’t put anything on nothing, thus we won’t follow the directive. Illegality will not be tolerated. We’ve obtained it, and we won’t let it happen.
In an exclusive interview with The PUNCH, acting spokesperson for the Rivers State APC committee Chibuike Ikenga also responded to the injunction, stating that the party was taken aback to learn that the case—which was initially supposed to be held in January—was secretly held in order to force Ehie on the lawmakers.
“This is a miscarriage of justice and it will damage the reputation of the judiciary,” he declared. That is unfortunate because the judiciary, which should represent the final resort for the average person, is progressively turning into a political weapon in the hands of the wealthy and well-connected.
January has been set aside for the verdict in the identical case for which Justice M. W. Danagogo issued an ex parte ruling today. It is so unexpected that he heard the subject today on exparte, which elevated him to the position of Speaker and gave the order that no one would interfere with their work.
The concerned jurist, jurist Danagogo, has a younger brother who works as a secretary for the Rivers State government. They are both descended from the same dad. Thus, it is clear to you how this ruling and his political ambition are related.
PDP NWC gatherings
It was learned on Tuesday that the Peoples Democratic Party’s National Working Committee was to meet in emergency session today, Wednesday, to discuss the 27 members of the party’s Rivers State House of Assembly who defected to the All Progressives Congress.
Debo Ologunagba, the PDP’s national publicity secretary, revealed this information in an exclusive interview with The PUNCH. She maintained that the votes from the 27 constituencies belonged to the PDP, not the legislator who defected.
Regarding the PDP’s correspondence with the Independent National Electoral Commission, Ologunagba stated, “Everything is in the works.” The NWC will review the Rivers State problem during an extraordinary meeting on Wednesday in Abuja.
We’ll talk about it, check it over, and get started right away. Since Rivers is a PDP state, we won’t give up. This will not be tolerated.
“The provisions of Section 109 (1) (g) of the 1999 Constitution as modified have left the seats of the corresponding 27 legislators vacant. In the past, the Supreme Court declared that the party owns the votes. Therefore, the PDP has the votes from the 27 constituencies.
“We will be communicating with Nigerians following the NWC meeting on Wednesday.” We shall behave in accordance with the party’s and Nigeria’s constitutions.
In addition to stating that the High Court’s recognition of Governor Siminalay Fubara’s ally Edison Ehie as the legitimate Speaker of the State House of Assembly was a positive step, Ologunagba added the party would take the necessary steps to regain its mandate.
“That is a welcome development,” he remarked. We will act in a manner compliant with Nigerian legislation.
INEC responds
The Speaker of the Rivers State Assembly is expected to declare vacant the seats held by the MPs from the People Democratic Party who defected to the All Progressives Congress on Monday, according to the Independent National Electoral Commission.
The PDP’s national leadership had already declared that it will contact INEC to request that new elections be held to replace the 27 lawmakers.
In response, INEC Chairman Rotimi Oyekanmi’s chief press secretary stated on Tuesday, “The procedure is for the presiding officer (Speaker) of the State Assembly to declare the vacancies and write to INEC about it officially.” Following such correspondence, INEC is able to take action.
