•APC threatens to petition NJC, accuses governor of orchestrating tension
•Call Wike to order, Clark tells Tinubu
•HURIWA, others caution FCT minister, want defectors’ seats declared vacant
Chuks Okocha in Abuja and Blessing Ibunge in Port Harcourt
A Rivers State High Court sitting in Port Harcourt, yesterday, confirmed Governor Siminalayi Fubara’s ally, Edison Ehie, as authentic Speaker of the House of Assembly. The decision was the latest twist in the continuing saga of wrangling and bitterness in the state between Fubara and his erstwhile political godfather, and current Minister of the Federal Capital Territory (FCT), Nyesom Wike.
The court presided over by Justice M.W. Danagogo also restrained Martin Amaewhule and Dumle Maol, Wike’s associates, from parading themselves as Speaker and Deputy Speaker, respectively, or interfering with the activities of Ehie as Speaker of the Assembly.
The court verdict places Fubara in a vantage position in the current power tussle.
But the leadership of All Progressives Congress (APC) threatened to drag Danagogo to the National Judicial Council (NJC) to protests the order.
Meanwhile, the Pan Niger Delta Elders Forum (PANDEF), led by elder statesman, Edwin Clark, called on President Bola Tinubu to call Wike to order. Clark accused the former governor of being the mastermind of the crisis in Rivers State.
Human Rights Writers’ Association of Nigeria (HURIWA) and some Non-Government Organisations (NGO) also cautioned Wike against interfering in the governance of the state. HURIWA also asked the Independent National Electoral Commission (INEC) to declare vacant the seats of 27 lawmakers, who recently defected to APC, from Peoples Democratic Party (PDP).
In a motion ex-parte in suit number PHC/3030/CS/2023 filed by Ehie, the court also warned against the use of thugs and policemen to forcefully gain access into the assembly complex.
The judge further warned that if the application turned out to be frivolous, the claimant (Ehie) would be made to pay the sum of N50 million as damages to the court.
The court granted, “An order of interim injunction restraining the defendants and the Second claimant/applicant either acting by themselves 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 burnt, destroyed, damaged and rendered uninhabitable as a result of the fire that engulfed the Assembly Complex on 29th day of October, 2023, contrary to the order of the executive Governor of Rivers State, relocating the sitting of the First claimant to a secure and more conducive venue to ensure that the activities and meetings of the House are not disrupted during the period of the renovation of the burnt building, pending the determination of the motion on notice already filed.
“An order of interim injunction restraining the defendants whether by themselves, their agents, servants, privies and representatives in whatsoever and howsoever manner from preventing, disrupting and interfering with the smooth and regular operation, management and administration of the First claimant/applicant pending the hearing and determination of the motion on notice already filed in this suit.
“An order of interim injunction restraining the defendants whether by themselves, their agents, servants, privies and representatives in whatsoever and howsoever manner from preventing, disrupting and interfering with the exercise of the 2nd claimant/applicant’s statutory legislative duties of summoning and holding meetings, proceedings, issuing notices, passing resolutions, bills and performing other legislative functions of the 1st claimant/applicant pending the hearing and determination of the motion on notice already filed in this suit.”
The claimants were also ordered to serve the interim order, the motion on notice already filed, the originating process and other processes in the suit on the defendants on or before December 13, 2023.
The court adjourned the matter to December 21, 2023 for hearing of the motion on notice.
Ehie is one of the four lawmakers loyal to Fubara. He was suspended and removed as leader of the Assembly by his colleagues in the wake of the crisis at the House of Assembly.
Fubara and his estranged political godfather, Wike, had been embroiled in a supremacy battle over control of the state.
The House of Assembly became a battleground for the duo, with the lawmakers split into pro-Fubara and pro-Wike camps.
The crisis took a new turn on Monday, with 27 members loyal to Wike defecting from the ruling PDP in the state to APC. The lawmakers cited division within PDP as the primary reason for their defection to APC.
Before announcing their defection from PDP to APC, the members adopted a resolution condemning the alleged withholding of funds for the management of the Assembly by the state government.
APC to Petition NJC over Order Recognising Ehie as Speaker
Chairman, Caretaker Committee of APC in Rivers State, Mr Tony Okocha, threatened to drag Justice M.W Danagogo of the State High Court to NJC if he did not reverse his order restraining Hon Martins Amaewhule from parading as the Speaker of the Rivers State House of Assembly (RSHA) pending the determination of the suit in court.
Reacting to the order, which gave Ehie power to assume office as Speaker, Okocha said the order was in violation of the principles of law and a fragrance disobedience of NJC directives.
Okocha alleged that the order was urgently delivered to allow the governor present the 2024 budget to the Assembly.
He said, “Today, Rivers people woke up to hear that one Justice Danagogo of the Rivers High Court granted with impunity an ex-parte order to one Hon Edison Ehie, recognising him as the Speaker of the Rivers State House of Assembly.
“It would be recalled that the same Hon Edison had approached a Federal High Court in Rivers State, seeking to be declared Speaker. In the case, arguments have been taken, judgement reserved for January 2024.
“Surprisingly, today, on same subject matter, Justice Danagogo granted an ex-parte order purporting to recognise Hon Edison as Speaker of Rivers State House of Assembly. This is fragrant abuse of court process.”
Call Wike to Order, Clark Tells Tinubu
Elder statesman, Edwin Clark, called on Tinubu to call Wik, to order, and alleged that he was the mastermind of the crisis in the Rivers State.
In an open letter to the president, the leader of PANDEF said Wike was just one of the 48 ministers in the president’s cabinet and he should be called to face his job as FCT minister and not insist on controlling the political structure in Rivers State.
Clark told Tinubu in the letter, “As a member of your cabinet, you may need to call this minister to order to face the work in the quietness, which is demanded of him.
“He should focus on his office and know that he is just one among a cabinet of 48 persons, besides the vice president and yourself.
“The country has enough problems, which your government must sit down to solve. The FCT itself is full of challenges all over and he has more than he can chew and, therefore, avoid these distractions.”
Clark said if all former governors insisted on controlling their successors, there would be chaos in the country.
HURIWA to Wike: Concentrate on Your Duty
HURIWA urged Wike to concentrate on his ministerial duties in Abuja, saying the capital city has gradually moved from being one of the safest places in Nigeria to becoming the kidnappers’ capital, with frequent invasion of homes by well-armed kidnappers and incessant abductions of Abuja residents.
HURIWA predicted that if quick actions were not implemented to curb the dangerous rise in sophisticated crimes in the FCT, Abuja might witness a regime of self-help measures whereby the residents could be compelled to take the law into their hands.
In a statement by National Coordinator of HURIWA, Emmanuel Onwubiko, the civil rights group said the consequences would be mob actions against perceived criminal elements, or taking up arms to protect residents’ inalienable right to life.
HURIWA called on Wike to remain focused on carrying out his mandate by putting strong, unimpeachable and result-oriented measures in place to restore normalcy, stability and security in the FCT.
HURIWA asked Wike to avoid the politics of distractions that he was engulfed in.
NGOs Insist INEC Declares Seats of Defectors Vacant
Following the defection of 27 PDP lawmakers in the Rivers State House of Assembly to APC, some non-governmental organisations called on INEC to declare the seats of the defected lawmakers vacant. They also called on the Inspector General of Police, Kayode Egbetokun, to prosecute the defecting lawmakers for treasonable felony by continuing to present themselves as lawmakers since their defection had made their seats vacant.
In an interview, Kalu Kalu Agu, the legal adviser of the Centre for Reforms and Public Advocacy, said INEC should declare the seats of the 27 lawmakers vacant as there was no crisis in PDP.
Quoting Section 109 of the 1999 Constitution, Agu, who also citied the rulings of courts across the country, called for declaration of the seats vacant, saying, “Emerging development will truly test the independence of INEC and the nature of democracy that is being practised in Nigeria.”
Citing many cases in reference, he said, “A Federal High Court sitting in Abuja sacked 16 Ebonyi House of Assembly members for defection. The court held that the movement was in breach of Section 109(1)(g) of the 1999 Constitution, as amended, which provides that defector legislators are not allowed to retain their seats in the legislature.
“The same fate befell 18 members of the Cross River House of Assembly and two members of the House of Representatives, who were asked to vacate their seats for defecting from their party last year.
“In 2012, a member of Labour party representing Akure North/Akure South Federal Constituency defected to another party. This case lingered until the Supreme Court in 2022 ordered him to immediately vacate his seat following his defection from the Labour Party.”
Agu blamed the crisis on Wike.
