Court to rule on Rivers lawmakers’ defection on Jan 21

• Wike shuns invitation of panel on post-election violence

A Federal High Court sitting in Port Harcourt, Rivers State, has fixed January 21, 2025, for ruling on whether the seats of the 27 members of the Rivers State House of Assembly who allegedly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) will be declared vacant or not.

In a case filed by the Labour Party (LP) and registered in 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 suit is further seeking 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.

The court was presided over by Justice Emmanuel Obele.

At the court, yesterday, the claimant, who is the Caretaker Committee Chairman of LP in the state, Hilda Dokubo, was present while the matter was deliberated.

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.

He said: “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.

In his argument, the claimant’s counsel, Clifford Chukwu, objected, not to the consolidation of the applications, but to the applications submitted by the defence counsels.

Chukwu urged the court to dismiss the motion by the 1st, 2nd-28th and 29th defendants.
He said: “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.”

MEANWHILE, the Minister of the Federal Capital Territory (FCT), Nyesom Wike, has declined an invitation to appear before the Judicial Commission of Inquiry set up by the Rivers State Government to investigate incidents of arson, killings, and destruction of property, following local council elections in the state.

The seven-member panel, chaired by Justice Ibiwengi Minakiri, was inaugurated in October 2024 by the Rivers State Governor, Siminalayi Fubara.

The Commission was tasked with probing the violence that erupted after the elections, with a one-month timeline to complete its findings and recommendations.

The panel issued formal invitations to Wike via a courier service and a newspaper advertorial. The advertorial, signed by the panel’s Chairperson, specifically requested the FCT minister to appear before the commission on Tuesday, November 19, 2024.

The day was reportedly set aside for Wike to address issues requiring clarification.
At the close of proceedings on Tuesday, Justice Minakiri confirmed that Wike did not honour the invitation despite the panel reserving the session exclusively for his appearance.

She noted that the minister’s input was crucial in addressing certain unresolved aspects of the investigation.

Minakiri said: “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.