Fall out of Appeal Court ruling: Pro-Fubara lawmakers head to Supreme Court

…Insists Oko-Jumbo Remains Speaker

From Chris Eze, Port Harcourt

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 judgement of the Appeal Court delivered on Thursday.

Rt. Hon. Oko-Jumbo stated that the action was necessitated by the fact that the Assembly  believes 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/202.

The Speaker made the clarification when he addressed lawmakers during plenary at the temporary facility used for Legislative businesses in Port Harcourt on Friday.

Rt Hon Oko-Jumbo declared that he remains the authentic Speaker because there cannot be two Houses of Assembly in Rivers State.

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

He said: “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.

“As the whole world knows, 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 in the RSHA vacant. That declaration by Rt. Hon. Edison Ehie has not been set aside by any court in Nigeria.”

Rt. Hon. Oko-Jumbo explained that the legitimate members of the Rivers State House of Assembly secured restraining order against Martin Ameawhule and the 24 others when they continued to parade as members of the RSHA despite their defection from the Peoples Democratic Party to the APC and their seats declared vacant.

He said that because they felt dissatisfied with the rulings of the Rivers State High Court in Suit No. PHC/1512/CS/2024, Martin Amaewhule & 24 ORS had filed an Appeal No. CA/PH/198/2024 at the Court of Appeal, Port Harcourt Division.

The Speaker further stated: “Yesterday, the 4th of July, 2024, the Court of Appeal, in its lead Judgement, allowed the Appeal by Martin Ameawhule & 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.”

He insisted  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 judgement of the Court of Appeal delivered on the 4th Day of July, 2024.

“Martin Amaewhule & 24 ORS, in spite of all their pretences, 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 bye-election to fill the vacant seats in the RSHA.

He urged the general public to ignore Martin Amaewhule & 24 ORS ” in their pretense that they are members of the RSHA,” he added.

Earlier during the plenary, the House considered two bills, opened debate, and moved them through first reading.

The bills included the Rivers State Emergency Management Agency Bill, 2024 that was presented by the Leader of the House, Hon Sokari Goodboy, while the second one is the Rivers State Transport Company Reform Bill, 2024, which was sponsored by the Deputy Speaker of the House, Hon Adolphus Orubienimigha.