Minister of the Federal Capital Territory (FCT), Nyesom Wike, suffered a major setback in the ongoing crisis rocking Rivers State as a High Court has declared the seats of 26 decamped members of Rivers State House of Assembly, who are his loyalists, vacant.
The pro-Wike lawmakers elected on the platform of the Peoples Democratic Party (PDP) had decamped to the All Progressives Congress (APC) under which government their benefactor though a member of the PDP had taken appointment as FCT Minister.
Armed and supported with Wike’s purported federal might, those lawmakers who by the virtue of the provision of Section 109 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) lost their seats continue to act illegally to derail Governor Siminialayi Fubara’s administration on the whims and caprices of their paymaster.
However, a Rivers State High Court sitting in Port Harcourt had on Friday issued an interim injunction restraining the embattled Speaker of the Rivers State House of Assembly, Hon. Martins Amaewhule, and 24 others from parading themselves as members of the House.
The court presided over by Hon. Justice Charles Wali, also restrained the affected lawmakers from meeting or sitting at the auditorium of the House of Assembly quarters, located off Aba Road, Port Harcourt, or any other place whatsoever, to carry out or purport to carry out the legislative business of the Rivers State House of Assembly, as their legislative seats have been declared vacant pending the hearing and determination of the Motion on Notice.
The suit was filed by the newly elected factional Speaker of the House, Rt. Hon. Victor Oko-Jumbo, and two other lawmakers.
Also joined as defendants in the suit were the Governor of Rivers State, the Attorney-General of Rivers State and the Honourable Chief Judge of Rivers State.
Therefore, opposition Federal lawmakers have described the judgement as end of legislative rascality and greed for public purse as they henceforth could not be parading themselves as lawmakers in aberration of the Constitution.
In a statement the Federal Legislators said law enforcement agencies are now empowered to arrest and detain those ‘clowns’ whenever and wherever they attempt to seat to continue their macabre dance in the name of carrying out any legislative activity in contempt of court which is a crime on its own.
They also reiterated their call on the Independent National Electoral Commission (INEC) to immediately conduct a bye-election to fill those vacant seats in the Rivers State House of Assembly created earlier by Amaewhule and co defection and ruling of the Court.
“The judgement of the Rivers State High Court, to say the least is sound which will end legislative rascality and greed for public purse by self-serving individuals using the former lawmakers to arm twist Governor Fubara to succumb to their whims and caprices to the detriment of the good people of Rivers.
“If not, while have those persons not do the needful long ago and follow their master and leaving the Assembly when they ended their membership by the defection as clearly spelt out in Section 109 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“Because Section 109 (1) of the 1999 Constitution provides that ‘a member of a House of Assembly shall vacate his seat in the House if … (g) being a person whose election to the House of Assembly was sponsored by a political Party, he becomes a member of another political party before the expiration of the period for which that House was elected.”
“So they had since ceased to be members of the Rivers State House of Assembly but they were still parading themselves as lawmakers and perpetrating legislative rascality. Good enough, the Rivers State High Court has put an end to that brazen violation of the Constitution and trampling of Democracy.
“It is now over to INEC as an electoral umpire funded by taxpayers money including those of Rivers State to immediately release the timetable and schedule of activities to conduct a bye-election to fill those vacancies and enable those constituencies affected to have representatives in the State legislature which is the basion of democracy.
“INEC has to redeem its already battered image in its role in the Rivers State House of Assembly crisis by not delaying but within a week conducting elections for those vacant seats.”
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