- To preside over Assembly proceedings
- Gov set to present 2024 budget to lawmakers
- APC angry over ex parte order; threatens to petition NJC
The tide may have temporarily turned in favour of Governor Siminalayi Fubari as a Rivers State High Court in Port Harcourt on Tuesday directed factional Speaker of the State House of Assembly, Rt. Hon Edison Ehie, to preside over activities of the State legislative arm of government pending the determination of a motion before it.
Justice M. W. Danagogo gave the order on Tuesday, in an ex parte motion, suit no. PHC/3030/CS/2023 in which Rivers State House of Assembly is the first claimant and Rt. Hon. Edison Ehie, (Speaker, Rivers State House of Assembly) as second claimant; and Rt. Hon. Martin Amaewhule, as the first defendant while Rt. Hon. Dumle Maol is the second defendant.
Edison, in the suit filed by D.I Iboroma (SAN), wants the court to order Amaewhule and others to stop entering the state House of Assembly complex until the burnt hallowed chamber is fully renovated by the government.
Additionally, Edison wants an order that he lawfully takes over the House of Assembly speakership pending when the matter before the court is dispensed, praying that Amaewhule should be stopped from conducting himself as the Speaker of the House.
In its interim order, the Court granted the applicant’s requests, urging Amaewhule and others to refrain from accessing the Assembly premises following Governor Siminalayi Fubara’s directives that the facility was under renovation.
However, the Court warned that the second claimant, Edison, would pay the sum of N50,000,000.00 as damages if the application before it turned out to be frivolous, just as the claimants were directed to serve the interim order, the motion on notice already filed, the originating process and other processes in this suit on the defendants on or before Wednesday, December 13, 2023.
Also, the claimants were granted leave by the court to serve all the processes by substituted means of publication in two national newspapers or by posting at a conspicuous part of the last known address of the defendants and adjourned till December 21 for motion on notice.
Furthermore, the court entered the following orders on the case: “AN ORDER OF INTERIM INJUNCTION restraining the Defendants and the 2nd Claimant/Applicant either acting by themselves or through their agents, servants, privies, assigns or any person(s) acting in a whatsoever manner and howsoever called or described, from further use of armed thugs accompanied by police personnel in riot gear to gain access to the Rivers State House of Assembly complex at Moscow Road, Port Harcourt, Rivers State which was burnt, destroyed, damaged and rendered uninhabitable as a result of the fire that engulfed the Assembly Complex on the 2nd day of October 2023, contrary to the order of the executive Governor of Rivers State relocating the sitting of the 1st Claimant to a secure and more conducive venue to ensure that the activities and meetings of the House are not disrupted during the period of the renovation of the burnt building, pending the determination of the motion on notice already filed.
“AN ORDER OF INTERIM INJUNCTION restraining the Defendants whether by themselves, their agents, servants, privies and representatives in whatsoever and howsoever manner from preventing, disrupting and interfering with the smooth and regular operation, management and administration of the 1 Claimant/Applicant pending the hearing and determination of the motion on notice already filed in this suit.”
APC Fumes, Threatens To Petition NJC Over ‘Frivolous Court Orders’
Reacting to the development, the All Progressives Congress (APC) Caretaker Committee Chairman in Rivers, Chief Tony Okocha, said the ex parte order was aimed at intimidating 27 PDP members who defected to the APC in the state.
Briefing the media in Port Harcourt, the Rivers State capital on Tuesday, Chief Okocha said that given the latest development, the party is left with no choice but to petition the Nigeria Judicial Council (NJC) over what he describes as ‘frivolous ex parte orders’.
While referring to the fact that the NJC had in the past sanctioned judges who flouted its directives on ex parte orders, Okocha said the APC would quickly approach the NJC on the matter, adding; “We wish to inform Nigerians of the recent judgement in Rivers State. Today Rivers State people woke up to hear about the judgement the Rivers State High Court granted with impunity; an ex parte order to one Hon. Edision Ehie recognizing him as Speaker of Rivers State House of Assembly.”
According to the APC Chairman; “It would be recalled that the same Hon. Edison had approached a Federal High Court in Rivers State seeking to be declared as the Speaker of Rivers State House of Assembly in the case argument has been taken and judgement reserved for January, 2024.
“Surprisingly, today (Tuesday) on the same subject matter, Justice Danagogo granted an ex parte order purporting to recognize Hon. Edision as Speaker of the State House of Assembly. This is a fragrant abuse of court processes.
“The judge claimed that the case, filed by Edison on the 30th of October 2023, was assigned to him on the first of November 2023 for all this length of time. If the subject matter was urgent, why did the judge wait till today, December 12, to declare an ex parte?
“It is in public glare that the 27 Assembly members who were elected under the PDP platform crossed over to the APC citing irreconcilable differences in the PDP – a move supported by Section 109 of the Constitution of Nigeria. The defectors were received by APC Rivers yesterday (Monday). It is because of the defection that brought about the court order from Justice Danagogo
“The judge has contravened the NJC order on frivolous ex parte orders and has sanctioned judges that defiled the orders. He said the reason for the judgment is to allow Governor Fubara to present his budget to the Assembly.”
