A Rivers State High Court in Port Harcourt yesterday confirmed Mr Edison Ehie as authentic speaker of the house of assembly.
The court barred the Messrs Martin Amaewhule and Dumle Maol from parading themselves as speaker and deputy speaker, respectively, or interfering with the activities of Ehie as speaker of the assembly.
Ehie is one of the four lawmakers loyal to the state governor, Mr Siminalayi Fubara while Amaewhule is an ally of the minister of the Federal Capital Territory (FCT) and former governor of the state, Mr Nyesom Wike.
The court presided over by Justice M.W. Danagogo made the pronouncements in an ex parte motion marked PHC/3030/CS/2023 in which Rivers State House of Assembly Ehie are the first and second claimants while Amaewhule and Maol are listed as first and second defendants respectively.
The court’s judgement followed Monday’s defection of 27 of the 32 assembly members from the Peoples Democratic Party (PDP) under which platform they were elected for the opposition All Progressives Congress (APC).
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.
Edison had prayed the court to order Amaewhule and others to stop going into the state assembly complex until the burnt chamber is fully renovated by the government.
He also wanted the court to order that he lawfully take over the speakership of the state assembly until the matter is dispensed, praying that Amaewhule should be stopped from conducting himself as the Speaker of the House.
The court in an interim order granted the requests of the applicant, urging Amaewhule and others to stop using the assembly premises following the directive of Fubara that the facility was under renovation.
The court therefore 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.
Reacting to the judgement, the chairman, Rivers APC caretaker committee Mr Tony Okocha, accused the judge of bias saying the meant to intimidate the 27 pro-Wike lawmakers.
He 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.
“Today (yesterday), 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 (yesterday), 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.”
Okocha vowed that the Rivers APC would do everything to protect it new converts, warning that the party would not hesitate to petition the judge before the National Judicial Commission (NJC) should the court refuse to reverse itself.
Meanwhile, PDP has asked Ehie to declare vacant the seats of the 27 defectors.
Spokesman for the party, Mr Debo Ologunagba said in a statement that by defecting from the PDP, a political platform where the lawmakers were elected, their seats had become vacant.
“For the avoidance of doubt, Section 109 (1) of the 1999 Constitution provides that “a member of a House of Assembly shall vacate his seat in the House if … (g) being a person whose election to the House of Assembly was sponsored by a political Party, he becomes a member of another political party before the expiration of the period for which that House was elected…
“By reason of the above Constitutional provision and its clear interpretation by the Supreme Court, the 27 defected members of the Rivers State House of Assembly have vacated and lost their seats, rights, privileges, recognition and obligations accruable to members of the Rivers State House of Assembly,” he said.
The party called on the National Electoral Commission (INEC) to conduct fresh elections within a stipulated time to fill the seats.
“Our Party cautions that the former lawmakers should stop parading themselves as members of the Rivers State House of Assembly as such would amount to impersonation with serious criminal consequences,” he added.
