A Rivers State High Court sitting in Port Harcourt has barred the Speaker of the State House of Assembly, Rt. Hon. Martins Amaewhule, and 24 other members from carrying out their legislative duties. Justice Charles N. Wali, in a landmark judgment delivered on May 9th, 2024 (Suit No. PHC/1512/CS/2024), issued an interim injunction restraining the lawmakers from parading themselves as members or holding meetings within the Assembly complex or any other location. This effectively renders their seats vacant pending the final determination of the motion on notice before the court.
The lawsuit, filed by a faction led by Hon. Victor Oko Jumbo (claimed Speaker) and 2 others, stemmed from the ongoing political imbroglio in Rivers State. The affected lawmakers, all loyal to the immediate past governor, Nyesom Wike, had decamped from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) in the wake of a reported misunderstanding with the incumbent governor. This move triggered a legal battle, with the claimants arguing that the defection constituted a violation of their party’s constitution and the Nigerian Constitution (Section 109(1)(g)), leading to automatic forfeiture of their seats.
The judge upholds the sanctity of Law and Due Process
The judge, in his ruling, acknowledged the sensitive nature of the case and the potential disruption of legislative activities. However, he emphasized the need to uphold the sanctity of the law and the principle of due process. Justice Wali noted that the claimants had presented a prima facie case—a credible reason for the court to intervene—and that the balance of convenience tilted in their favor. He further directed that the order be served on the affected lawmakers through substituted means, including WhatsApp, as efforts to serve them through conventional channels had previously been unsuccessful.
Reactions and Legal Challenges
The verdict has sent shockwaves through the political landscape of Rivers State. The Wike camp has vehemently condemned the decision, describing it as a politically motivated witch-hunt orchestrated by their rivals. They have vowed to challenge the ruling at the Court of Appeal, asserting that the High Court lacked the jurisdiction to entertain the matter.
On the other hand, the faction led by Hon. Jumbo has hailed the judgment as a victory for democracy and the rule of law. They expressed confidence that the final verdict will uphold their position and pave the way for the conduct of by-elections to fill the vacant seats.
Legal Experts Weigh In
The court’s decision has sparked a flurry of reactions from legal experts. Constitutional lawyer Professor Sam Ekpo, in a chat with newsmen, commended the judge for his courage and for upholding the spirit of the law. He explained that the ruling aligns with previous Supreme Court pronouncements on defection, particularly in the case of Abegunde v. Ekiti State House of Assembly (2014). However, Professor Ekpo cautioned that the judgment is just the first step in a long legal battle. The final outcome, he stressed, will depend on the interpretation of the anti-defection clause by the appellate courts.
Another legal luminary, Dr. (Mrs.) Bianca Opara, took a more nuanced view. While acknowledging the merit of the claimants’ arguments, she expressed concern about the potential for disruptions in the legislative process. Dr. Opara suggested that a more expedient resolution might be achieved through political negotiations and party reconciliation efforts.
The Wike Factor and Political Repercussions
The court order undoubtedly casts a shadow over the political ambitions of former Governor Wike. The affected lawmakers, considered his staunch allies, played a pivotal role in his grip on power within the state. Their removal, if upheld on appeal, could significantly weaken his influence and complicate his plans for the 2027 presidential election.
The development is also likely to exacerbate the existing tension between the two dominant political figures in the state, Wike and Governor Fubara. The ongoing legal battle could further strain their relationship and create uncertainty within the political landscape.
The Road Ahead: Implications for Rivers State
The court’s decision has far-reaching implications for Rivers State. The temporary suspension of the 25 lawmakers could lead to a legislative deadlock, potentially stalling the passage of crucial bills and hindering the smooth running of government. Additionally, the by-elections, if conducted, could alter the power dynamics within the House of Assembly and influence the state’s political trajectory in the coming years.
The coming weeks and months will be crucial as the legal battle unfolds. The decision of the Court of Appeal will be closely watched, with the potential to either affirm or overturn the High Court ruling. Regardless of the outcome, the current situation underscores the need for strong political institutions and adherence to the rule of law in Nigeria’s political system. Only through these mechanisms can political disputes be resolved peacefully and democratically.
