By Olawale Lamina
A Federal High Court sitting in Port Harcourt, the Rivers State capital, has set aside January 21, 2025, for ruling on validity or otherwise of the seats of the 27 members of the Rivers State House of Assembly allegedly defected from the Peoples Democratic Party,PDP, to the ruling All Progressives Congress,APC.
The Labour Party, LP, in a registered suit number FHC/PH/25/2024, the party asked the court to determine the fate of the 27 lawmakers and whether their actions were in line with the Constitution. The position of the law will be made clear whether their seats will be declared vacant or not.
The suit filed by the LP also seeks that the Independent National Electoral Commission (INEC) conduct a by-election to fill the alleged vacant seats of the lawmakers loyal to the Minister of Federal Capital Territory (FCT), Nyesom Wike, where the LP and other interested parties can participate.
At the court presided over by Justice Emmanuel Obele on Thursday, the claimant, who is the Caretaker Committee Chairman of LP in the state, Hilda Dokubo, was in attendance as the matter was deliberated.
Also, counsel for 2nd to 28th defendants in the matter, including Martin Amaewhule, the embattled Speaker of the Assembly, PDP, and others, Ferdinand Orbih, told the court that the 29 defendants in the case planned to consolidate their applications in the matter.
Orbih told the court that the applications deal with the same subject matter, which is praying the court to direct parties in the matter to file and exchange pleadings and call for evidence in proof of their respective cases.
“We respectively pray your order consolidating the three applications.”
Counsel for the defendants further presented their motions, insisting that the applications are backed up with paragraphs of affidavits, urging the court to grant the applications,” Orbih said.
The claimant’s counsel, Clifford Chukwu, objected, not to the consolidation of the applications, but to the applications submitted by the defence counsels.
Chukwu prayed the court to quash the motion by the 1st, 2nd-28th and 29th defendants, saying that, “The defendant did not file a further affidavit. It is law that failure to file a counter affidavit amounts to an admission to all facts stated in the counter affidavit.
In a related development, the former governor of Rivers State and the Minister of the Federal Capital Territory (FCT), Nyesom Wike, has turned down an invitation to appear before the Judicial Commission of Inquiry set up by the Rivers State Government, led by Governor Siminilayi Fubara, his estranged political godson, to investigate incidents of arson, killings, and destruction of property, in the aftermath of the local council elections in the state.
The panel of seven chaired by Justice Ibiwengi Minakiri, was inaugurated in October 2024 by the state governor, Siminalayi Fubara.
The mandate given to the Commission include probe of the violence that characterized the local government elections.
The panel has one-month timeline to complete its findings and give it’s recommendations.
Available reports noted that the panel issued formal invitations to former governor Wike through a courier service and a newspaper advertorial, signed by the panel’s Chairperson, specifically requested Wike to appear before the Commission on Tuesday, November 19, 2024 as to be able to clarify issues related to his person
But, at the close of proceedings on Tuesday, Justice Minakiri confirmed that the FCT minister failed to honour the panel’s invitation despite the panel reserving the session exclusively for his appearance.
Justice Minakiri emphasized that the minister’s availability was important in addressing certain unresolved issues in the probe.
“Today’s sitting was actually for the former Governor of Rivers State to appear before this commission to straighten some points that we needed to know, ” stated Justice Minakiri.
It will be recalled that similar scenario played out at the time when Wike held sway as governor of the state and instituted a Commission of Inquiry led by Justice George Omereji to make an inquest into the alleged sale of Rivers State valued assets by his predecessor, Rotimi Amaechi. The former governor turned down an invitation to appear before the Wike-led government instituted commission. Amaechi later appealed the ruling claiming not guilty of indictment by the commission’s probe
About The Author
