A faction of the Rivers State House of Assembly loyal to Governor Siminalayi Fubara, has filed an appeal at the Supreme Court to challenge Thursday’s judgement of the Court of Appeal, on the fate of 25 members of the House, who dumped the Peoples Democratic Party, PDP, for the All Progressives Congress, APC.
Factional Speaker of the House, Rt. Hon. Victor Oko-Jumbo, confirmed the development while addressing lawmakers during the plenary at a temporary facility used for legislative business in Port Harcourt on Friday.
Oko-Jumbo clarified that the action was necessitated by the fact that the Assembly “strongly believes that the Court of Appeal was in error when it held that the Rivers State High Court lacked the Jurisdiction to hear and determine SUIT NO. PHC/1512/CS/2024.”
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He declared that he remained the authentic Speaker of the House because there cannot be two Houses of Assembly in Rivers State.
The factional Speaker reiterated that the seats of Rt. Hon. Martin Amaewhule and 24 other embattled lawmakers remained vacant as declared by the then speaker, Rt. Hon. Edison Ehie, on December 12, 2023, following their defection from the PDP to APC on the December 11, 2023 in contravention of extant laws.
He said: “There cannot be two Houses of Assembly in Rivers State or indeed any State in Nigeria. This House of Assembly, with me as the Speaker, is the only House of Assembly in Rivers State.
“As the whole world knows, on the 11th day of December, 2023, Martin Amaewhule and his 24 friends defected from the Peoples Democratic Party to the All Progressive Congress.
“On the 13th Day of December, 2023, Rt. Hon. Edison Ehie, as the Speaker of the Rivers State House of Assembly, declared the seats of Martin Amaewhule and 24 others in the RSHA vacant. That declaration by Rt. Hon. Edison Ehie has not been set aside by any court in Nigeria.”
Oko-Jumbo explained that the legitimate members of the Rivers State House of Assembly secured a restraining order against Martin Ameawhule and the 24 others when they continued to parade themselves as members of the Rivers State House of Assembly despite their defection from the PDP to the APC and their seats consequently declared vacant.
He said that because they felt dissatisfied with the rulings of the Rivers State High Court in Suit No. PHC/1512/CS/2024, Amaewhule and 24 others had filed an Appeal No. CA/PH/198/2024 at the Court of Appeal, Port Harcourt Division.
The factional Speaker added: “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.
“We strongly believe that the Court of Appeal was in error when it held that the Rivers State High Court lacked the jurisdiction to hear and determine SUIT NO PHC/1512/CS/2024.
“Accordingly, we have instructed our lawyers and they have filed an appeal to the Supreme Court of Nigeria challenging the judgement of the Court of Appeal delivered on the 4th Day of July, 2024.
“Martin Amaewhule & 24 ORS, in spite of all their pretences, are no longer members of the Rivers State House of Assembly, and they remain so until a court of competent jurisdiction says otherwise.
“Once again, we the legitimate members of the RSHA HEREBY call on the Independent National Electoral Commission (INEC) 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.”
Meanwhile, during the Friday’s plenary, the House considered two Bills, opened debate on them, and passed them through the first reading stage.
The Bills included the Rivers State Emergency Management Agency Bill, 2024 that was presented by the Leader of the House, Hon. Sokari Goodboy, while the second one was the Rivers State Transport Company Reform Bill, 2024, which was sponsored by the Deputy Speaker of the House, Hon. Adolphus Orubienimigha.