The Court of Appeal in Abuja has reinstated pro-Wike lawmakers in the Rivers State Assembly, overturning a previous order and causing a divide within the APC. The ruling has significant political implications for Rivers State.
The Court of Appeal, Abuja division, has dismissed the ex parte order issued on May 10, 2024, by the Rivers State High Court, Port Harcourt, which barred Martin Amaewhule from parading himself as the Speaker of the Rivers State House of Assembly. This ruling has reinstated the 24 pro-Wike lawmakers who were previously barred from the Assembly.
A three-man panel led by Justice Jimi Olukayode-Bada upheld the appeal filed by Amaewhule and 24 others against Speaker Victor Oko-Jumbo and two others. The state high court had initially barred the pro-Wike lawmakers based on a suit seeking to declare their seats vacant due to their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The pro-Wike lawmakers, led by Amaewhule, announced their defection from the PDP to the APC in December 2023 amid a political rift between former Rivers State Governor Nyesom Wike and the incumbent Governor Siminalayi Fubara.
The appellate court ruled that the lower court lacked the jurisdiction to hear and determine the suit, stating, “The trial court lacked the jurisdiction to hear and determine the suit of the respondents and there must be an existence of real urgency and not self-induced urgency in granting an ex parte.”
Political Reactions and Division Within the APC
The verdict has sparked division within the APC in Rivers State. The Rivers State APC Caretaker Committee Chairman, Chief Tony Okocha, welcomed the judgment, stating that the pro-Wike lawmakers remain in control. In contrast, the faction loyal to former Minister of Transport, Rotimi Amaechi, disagreed, highlighting that the lawmakers’ defection to the APC remains a contentious issue.
Okocha, an ally of Wike, expressed satisfaction with the judgment, saying, “The grey areas that have led Rivers into a litany of litigation have been sorted out. Justice was served. The reasoning adduced by the venerated Justice of the Court of Appeal is very sound and unimpeachable.”
However, the Publicity Secretary of the APC faction loyal to Amaechi, Mr. Darlington Nwauju, emphasized that the judgment does not change the fact that the lawmakers defected from the PDP to the APC. He urged all parties to respect the rule of law and, if necessary, take the matter to the Supreme Court.
Nwauju stated, “We urge parties in dispute to respect the path of the rule of law and constitutionality and approach the highest court if they deem it expedient. Today’s ruling does not vitiate the fact that the 27 Assemblymen did defect from the PDP to the APC.”
State Government’s Silence and Legal Perspectives
The state government has remained silent on the judgment, with Commissioner for Information and Communications Joseph Johnson and PDP State Chairman Aaron Chukwuemeka unavailable for comments.
Meanwhile, the National Legal Adviser of the APC, Prof Abdulkareem Kana, hailed the appeal court’s verdict, noting that it did not come as a surprise. He highlighted the distinction between political and legal defection processes, pointing out that proper procedures must be followed for a defection to be legally recognized.
Kana explained, “A person may politically defect and may not legally do so. The parliamentarians must write to the speaker to indicate their interest in defecting. But the speaker himself in this case was among them. So, who did they submit their letters to?”
The ruling has undoubtedly intensified the political climate in Rivers State, with the reinstatement of the pro-Wike lawmakers adding a new dimension to the ongoing power struggle within the state’s legislative assembly.
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