The Rivers State High Court’s resounding judgement declaring the seats of 27 decamped Members of the Rivers State House of Assembly vacant has been hailed as a triumph for democracy and the rule of law.
The court’s decision, presided over by Hon. Justice Charles Wali, represents a significant blow to the alleged legislative rascality orchestrated by some assemblymen who defected to the All Progressives Congress (APC) from the Peoples Democratic Party (PDP).
In response to the court’s ruling, opposition Federal lawmakers have commended the judgement as a decisive end to legislative malpractices and a clarion call for adherence to constitutional principles. They emphasized that the restrained lawmakers, armed with purported federal might from former Rivers State governor and current Minister of the Federal Capital Territory (FCT) Nyesom Wike, had unlawfully continued to perform legislative functions despite their defection, thereby violating the Constitution and trampling on democracy.
The court’s interim injunction, restraining the embattled Speaker of the Rivers State House of Assembly, Hon. Martins Amaewhule, and 24 others from parading themselves as members of the House, sends a strong message that such acts of illegality will not be tolerated.
The court presided over by Hon. Justice Charles Wali, also restrained the affected lawmakers from meeting or sitting at the auditorium of the House of Assembly quarters, located off Aba Road, Port Harcourt, or any other place whatsoever, to carry out or purport to carry out the legislative business of the Rivers State House of Assembly, as their legislative seats have been declared vacant pending the hearing and determination of the Motion on Notice.
The suit was filed by the newly elected factional Speaker of the House, Rt. Hon. Victor Oko-Jumbo, and two other lawmakers. Also joined as defendants in the suit were the governor of Rivers State, the state’s attorney-general and the state’s chief judge.
A group of federal lawmakers, known as the G60, have described the judgement as an end of legislative rascality.
In a statement, the federal lawmakers said law enforcement agencies are now empowered to arrest and detain the state assemblymen if they attempt to carry out any legislative activity.
Furthermore, the federal legislators reiterated their call on the Independent National Electoral Commission (INEC) to conduct a bye-election to fill the vacant seats in the Rivers State House of Assembly promptly. They emphasized that the electoral body must act swiftly to redeem its image and ensure that affected constituencies have representatives in the State legislature, as mandated by the Constitution.
Their statement read: “The judgement of the Rivers State High Court, to say the least is sound which will end legislative rascality and greed for public purse by self-serving individuals using the former lawmakers to arm twist Governor Fubara to succumb to their whims and caprices to the detriment of the good people of Rivers.
“If not, while have those persons not do the needful long ago and follow their master and leaving the Assembly when they ended their membership by the defection as clearly spelt out in Section 109 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“Because 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.”
“So they had since ceased to be members of the Rivers State House of Assembly but they were still parading themselves as lawmakers and perpetrating legislative rascality. Good enough, the Rivers State High Court has put an end to that brazen violation of the Constitution and trampling of Democracy.
“It is now over to INEC as an electoral umpire funded by taxpayers money including those of Rivers State to immediately release the timetable and schedule of activities to conduct a bye-election to fill those vacancies and enable those constituencies affected to have representatives in the State legislature which is the bastion of democracy.
“INEC has to redeem its already battered image in its role in the Rivers State House of Assembly crisis by not delaying but within a week conducting elections for those vacant seats.”
