.Pro-Wike lawmakers remain sacked – Opposition Reps.
The Court of Appeal, Abuja, has nullified the expulsion of a former speaker of the Rivers House of Assembly, Martin Amaewhule, and 24 others from the assembly.
A State High Court in Port Harcourt had in May, barred the lawmakers from parading themselves as members of the state’s House of Assembly after the defected from the PDP to the APC.
The affected lawmakers are backed by the immediate-past governor of the state and minister of the Federal Capital Territory, FCT, Abuja, Barr Nyesom Wike locked in a protracted political battle with his political godson, Governor Siminalayi Fubara over the control of the political structure in the oil and gas-rich state.
Recall that only three lawmakers loyal to Gov Fubara have been running the affairs of the state assembly since the court barred others from parading themselves as legislator.
However, delivering judgment on Thursday, a three-member panel of the Court of Appeal held that the lower court lacked the jurisdiction to grant the exparte order.
Channels TV reported.that the Appeal Court held that Section 272 (3) of the 1999 Constitution as amended gives the Federal High Court powers to determine whether the seat of a House of Assembly member has become vacant.
It held that the Federal High Court has the exclusive jurisdiction to determine the vacancy of a House of Assembly seat.
The express mention of the Federal High Court in Section 272 (3) of the Constitution automatically excludes all State High Courts from having the jurisdiction, the court held.
It further ruled that the exparte order having been made without jurisdiction is null and void.
.as 27 Pro-Wike Lawmakers Remains Sacked-Opposition Reps.
However, Opposition lawmakers in the House of Representatives have said that the 27 Pro-Wike lawmakers in the Rivers State House of Assembly who defected from the Peoples Democratic Party PDP to the All Progressives Congress APC have been sacked by the Appeal Court in Rivers State and they remains sacked.
Leader of the opposition in the House Hon.Ikenga Ugochinyere who stated this at a press briefing at the House Press Corps of the National Assembly on Thursday said that by the latest ruling of the Court of Appeal Port-Harcourt Division the lawmakers should vacate their seats immediately.
He said that the issue is that the Appeal Court that ruled on the matter said that the jurisdiction to adjudicate on the matter lies on its powers and not any other court.
The opposition leader further stated that the implication of the ruling is that no other court can nullify the ruling of the Court of Appeal Port Harcourt Division on the defection of the lawmakers.
According to him, the Court of Appeal in its latest judgement ruled that it has jurisdiction to rule on the matter that was brought before the Rivers State House of Assembly.
He said that section Sec 109 (1) g of the Constitution of the Federal Republic of Nigeria 1999 (as amended) is explicit on the issue of defection of an elected member of a legislative house from one political party to another.
He said: ‘That section of the Constitution provides that any elected member of a legislative house who leaves a political party in which he/she was elected being a member of a political party in which he was elected, joins another political party before the expiration of the tenure of office in which he was elected automatically loses his or her seat”.
The Imo State born lawmaker submitted that the 27 Pro-Wike lawmakers left their seats in which they were elected into the Rivers State House of Assembly on 11th of December 2023 when there was no division in the political party in which they were elected into the house and defected to another political party.
He said that the Independent National Electoral Commission INEC should immediately begin the process of conducting election into the state constituencies in which the embattled lawmakers previously held position.
The opposition leader and other members of the green chamber of the National Assembly also called on the Inspector-General of Police IGP Olukayode Egbetokun to withdraw Police personnel stationed at the 23 local government Secretariats in Rivers State.
He said that the tenure of all the elected 23 local government council chairmen who are loyal to a former governor of the State Barr Nyesom Wike had expired on June 13, 2024 as they were elected for a three year tenure.
Ugochinyere asked albeit rhetorically ‘should the nation sacrifice its hard won democracy on the alter of ego and ambition of one man and everybody will be afraid to speak truth to power?.
He added that this can only happen in some African nations like Paul Biya’s Cameroon, Mobutu Sese Seko’s Zaire and Idi Amin Dada of Uganda.
Another member of the opposition lawmakers group Hon.Dagomie Abiante a member of the Peoples Democratic Party PDP from Rivers State also re-echoed the statement of Hon.Ugochinyere saying that any lawmaker who leaves his or her seat before the expiration of the tenure of office in which he or she is elected should vacate the legislative house.
