•Insists Amaewhule, Others’ Rivers Assembly Seats Remain Vacant
by Emmanuel Abi Couson
The Action Peoples Party (APP) has reacted to the judgment of the Federal High Court in Abuja, stating that it is reviewing it in order to determine the nature of appeal to file.
The court, presided over by Justice Peter Lifu on Friday delivered a judgment on APP suit that prayed it to mandate the Independent National Electoral Commission (INEC) to conduct a by-election to fill the vacant elective positions in the Rivers State House of Assembly.
Addressing newsmen in Port Harcourt, Rivers State Legal Adviser of APP, Barrister Henry Ekine, said instead of looking at the merit of the suit, the judge throw it away on other considerations.
Barrister Ekine stated that APP never requested the removal or sacking of the estranged former Speaker, Martin Amaewhule and 26 others from the State House of Assembly.
He argued that the party rather relied on the provisions of the 1999 Constitution of the Federal Republic of Nigeria, to request the court, as a responsible political party that wants the grundnorm of the country respected at all times, to look at the law, and ensure that no vacuum was allowed to exist in line with existing law.
Despite the fact that the Federal High Court, Abuja, presided over by Justice Peter Lifu had ruled, throwing out the suit on multiple legal grounds, Barrister Ekine said the APP has started reviewing the judgment, and will take further necessary action soon.
However, Barrister Ekine clarified: “What we want you to know here is to tell the public: our esteemed members and the general public, that nothing substantial has changed. All of the decisions that have come out from the various high courts; courts of coordinate jurisdiction, I think will be settled when we get to the Supreme Court.
“What is fundamental is that the judgment of Justice Peter Lifu of the Federal High Court, Abuja is not final, and then, it has not changed substantially the position of the Rivers State House of Assembly with respect to its leadership as far as APP is concerned.
“That is why we went to court. We feel strongly, up until now, that there are vacant positions in the Rivers House of Assembly, and those positions need to be filled. To our knowledge, they are three members that are left. The Speaker, in that regard, is the person of Rt Hon Victor Oko-Jumbo. This is what the public needs have.”
Barrister Ekine said the judgment by Justice Lifu alluded that the matter is a pre-election concern, filed beyond the statutory timeframe of 14 days as mandated by Nigerian law, citing judgments.
The legal adviser also noted court’s reference to gross abuse of the judicial process by the APP because similar cases concerning the alleged defection of the 27 lawmakers had been adjudicated by the Federal High Court already.
But he said: “But what is fundamental is to state that these issues about the Rivers State House of Assembly leadership, there are various decisions of courts, including Justice Wali’s judgment restraining the estranged former members of the Rivers State House of Assembly from interfering with the activities and proceedings of Rivers State House of Assembly led by Victor Oko-Jumbo. And even that judgement is on appeal, and will go to the Supreme Court. Until the apex court decides, Justice Wali’s decision remain valid.”
Barrister Ekine noted that even the judgment of Justice Omotosho, including the Interlocutory Order by Justice Okoroewo, are directly connected to the reasons why APP went to court.
While insisting that it is the duty of everybody, including all judicial officers, and the President of Nigeria to protect the nation’s Constitution and it’s provisions, Barrister Ekine also advised the media to always seek true position of a matter as to provide accurate information to the public on court judgments.
He insisted that Justice Lifu’s judgment hasn’t changed anything as far the leadership of Rivers State House of Assembly under Rt Hon Victor Oko-Jumbo is concerned, insisting that INEC must conduct election to fill the vacant seats occasioned by the defection of Amaewhule and others on December 11, 2023.
He reminded the media and the public that the relief sought before Omotosho by Amaewhule was to prevent the National Assembly, IGP and others from taking control of the Rivers State House of Assembly and administering its affairs.
