Court Strikes Out Suit Seeking to Declare Seats of 25 Rivers Lawmakers Vacant

Blessing Ibunge in Port Harcourt

A Rivers State High Court in Port Harcourt has struck out a suit seeking to declare the seats of the 25 lawmakers of the State House of Assembly, who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), following a misunderstanding between Governor Siminalayi Fubara of the state and the Minister of Federal Capital Territory (FCT), Nyesom Wike.

The suit registered with number PHC/61/CS/2024 before Justice Chinwendu Nwogu and filed by 10 members of Rivers Elders Forum, also asked the court to interpret if the eight point agenda of President Bola Tinubu on the Rivers political saga in December 18, 2023 was constitutional.

Also that “whether the decision or directives or resolution at the purported meeting of the defendants at Aso Rock, Abuja,on December 18, 2023, that the members of the Rivers State Executive Council, who voluntarily resigned from their portfolios as commissioners should be resubmitted to the House of Assembly for approval, is constitutional and valid.

“Whether the decision/resolution under the directives of the 1st defendant aforesaid that the 2nd defendant should represent the budget of the Rivers State already presented to the 4th defendant and duly debated and properly assented to as a law can be lawfully and constitutionally represented for the purpose of being debated and repassed.”

Parties in the matter included Chief Anabs Sara-Igbe, Dr. Kalada Iruenabere, Chief Marcus Atata, Chief Nwankwo Sunday, Cletus Zorbo-Or Nadukoro, Asigbor Lede, Michael Aloega, D Allen Abbi, Johnson Ogbodu and Mina A.K. Hart, for claimants.

While the defendants were President Bola Tinubu, Governor Siminalayi Fubara, Hon. Martins Amaewhule (for himself and other 24 state lawmakers), Rivers State House of Assembly and the Peoples Democratic Party (PDP), Chief Anabs Sara-Igbe, was one of the litigants in the matter.

Ruling on the Exparte application, yesterday, Justice Nwogu said his court lacked jurisdiction to hear the matter, and mentioned that similar matter was given judgement at a federal high court presided by Justice James Omotosho in Abuja.

Justice Nwogu also ruled that since President Tinubu was a party in the matter, the case should be transmitted to a higher court with jurisdiction to entertain it. He, therefore, struck out the suit for lack of jurisdiction.