LIVE UPDATES
The Court of Appeal, sitting in Abuja on Thursday, dismissed the ex parte order issued on May 10, 2024, by the Rivers State High Court, Port Harcourt, which barred Martin Amaewhule from parading himself as the Speaker of the Rivers State House of Assembly.
The court also returned all pro-Wike lawmakers to the assembly, even as it dismissed the decision of the state High Court stopping the 24 members of the Assembly loyal to ex-Rivers governor, Nyesom Wike, from accessing the complex or carrying out any legislative assignment in the name of the Rivers State House of Assembly.
A three-man panel led by Justice Jimi Olukayode-Bada, in its judgment, upheld the appeal filed by a factional Speaker of the River State House of Assembly, Amaewhule, and 24 others against the Speaker, Victor Oko-Jumbo, and two others.
The state high court had barred the pro-Wike lawmakers from the Assembly based on a suit seeking to declare their seats vacant on the basis that they defected from the Peoples Democratic Party to the All Progressives Congress.
The Amaewhule-led lawmakers had in December 2023 announced their defection from the PDP to the APC amid the political rift between Wike and the incumbent Rivers State Governor, Siminalayi Fubara.
On Thursday, the APC in Rivers State was divided over the appellate court’s verdict reinstating the pro-Wike lawmakers to the Assembly.
The pro-Fubara lawmakers approched Justice Charles Wali of the state high court and obtained an order restraining the 25 pro-Wike lawmakers from parading themselves as Rivers Assembly members following their defection.
The trial judge barred the pro-Wike lawmakers from conducting legislative sittings anywhere — including within the legislative quarters.
He also restrained Governor Fubara from interfacing with or accepting resolutions and bills from the 25 lawmakers.
Displeased by the moves, the pro-Wike lawmakers, however, appealed, leading to Thursday’s pronouncement by the appellate court.
Delivering the judgment, Justice Olukayode-Bada said,“The trial court lacked the jurisdiction to hear and determine the suit of the respondents and there must be an existence of real urgency and not self-induced urgency in granting an ex parte.”
The declaration of the court judgement generated a dust in the Rivers APC on Thursday.
While the Rivers State APC Caretaker Committee Chairman, Chief Tony Okocha, said the appeal court verdict meant that the pro-Wike lawmakers are still in charge, the camp loyal to the former Minister of Transport, Rotimi Amaechi, disagreed.
Okocha, who is an ally of Wike, welcomed the judgment, saying justice had been served in the matter.
He stated, “The grey areas that have led Rivers into a litany of litigations have been sorted out. Justice was served. The reasoning adduced by the venerated Justice of the Court of Appeal, under which stood the bedrock of their unanimous decision, is very sound and unimpeachable.”
But the Publicity Secretary of the APC loyal to Amaechi, Mr Darlington Nwauju, in a statement, said the judgment did not change the fact that the 25 pro-Wike lawmakers defected from the PDP to the APC.
Nwauju, however, urged the parties in the suit to respect the rule of law and approach the Supreme Court if they deemed it necessary.
