Rivers Assembly Challenges Appeals Verdict at Supreme Court

By Zara Maisango

The Speaker of the Rivers State House of Assembly, Rt. Hon. Victor Oko-Jumbo, has confirmed the filing of an appeal at the Supreme Court challenging the judgment of the Appeal Court delivered on Wednesday in Port Harcourt. 

Rt. Hon. Oko-Jumbo clarified that the action was necessitated by the Assembly's belief that the Court of Appeal erred in holding that the Rivers State High Court lacked jurisdiction to hear and determine SUIT NO. PHC/1512/CS/2024. 

The Speaker made this clarification during a plenary session at the temporary legislative facility in Port Harcourt on Friday. Rt. Hon. Oko-Jumbo declared that he remains the authentic Speaker, emphasizing that there cannot be two Houses of Assembly in Rivers State.

He reiterated that the seats of Rt. Hon. Martin Amaewhule and 24 other former lawmakers remain vacant as declared by the former speaker, Rt. Hon. Edison Ehie, on December 13, 2023, following their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) on December 11, 2023.

"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," Oko-Jumbo stated. "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 vacant. That declaration has not been set aside by any court in Nigeria."

The Speaker explained that the legitimate members of the Rivers State House of Assembly secured a restraining order against Amaewhule and the 24 others when they continued to parade as members of the Assembly despite their defection from the PDP to the APC and the subsequent declaration of their seats as vacant.

Dissatisfied with the Rivers State High Court's rulings in Suit No. PHC/1512/CS/2024, Amaewhule and the 24 others filed Appeal No. CA/PH/198/2024 at the Court of Appeal, Port Harcourt Division. On July 4, 2024, the Court of Appeal allowed their appeal, ruling that the Rivers State High Court lacked jurisdiction over the case and struck out the suit.

"Yesterday, the 4th of July, 2024, the Court of Appeal, in its lead judgment, allowed the appeal by Martin Amaewhule & 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."

Oko-Jumbo emphasized the Assembly's belief that the Court of Appeal's judgment was erroneous. "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 judgment of the Court of Appeal delivered on the 4th Day of July, 2024. Martin Amaewhule & 24 ORS, in spite of all their pretenses, are no longer members of the Rivers State House of Assembly, and they remain so until a court of competent jurisdiction says otherwise."

The Speaker called on the Independent National Electoral Commission (INEC) to promptly conduct a by-election to fill the vacant seats in the Assembly. "We strongly urge the general public to ignore Martin Amaewhule & 24 ORS in their pretense that they are members of the RSHA," he added.

During the plenary, the House considered two bills, moved them through the first reading, and opened debates. The bills included the Rivers State Emergency Management Agency Bill, 2024, presented by the Leader of the House, Hon. Sokari Goodboy, and the Rivers State Transport Company Reform Bill, 2024, sponsored by the Deputy Speaker, Hon. Adolphus Orubienimigha.


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