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The Action Peoples Party has maintained that the seats of the 27 embattled Rivers State House of Assembly lawmakers, loyal to the Minister of the Federal Capital Territory, Nyesom Wike, remain vacant.
Recall that a Federal High Court in Abuja, presided over by Justice Peter Lifu, dismissed a defection suit instituted against the Martin Amaewhule-led lawmakers on Friday.
The APP had asked the court to mandate the Independent National Electoral Commission to conduct a by-election to fill the vacant elective positions in the State Assembly due to their defection from the Peoples Democratic Party to the All Progressives Congress. The suit was dismissed on various grounds, with Justice Lifu stating that it was not filed within the 14-day period allowed by law.
However, during a press briefing on Friday night, APP’s Legal Adviser, Henry Ekine, said Justice Lifu’s judgement does not alter the status of the pro-Wike lawmakers. Ekine mentioned that the party is reviewing the judgement in preparation to file an appeal, pointing out that the judge dismissed the case based on technicalities, rather than addressing the merits of the suit.
Ekine clarified that the APP never requested the removal or sacking of the former Speaker, Martin Amaewhule, and the 26 other lawmakers. Instead, the party relied on the provisions of the 1999 Constitution to ask the court to ensure that no vacuum exists in line with the law, as a responsible political party.
He further stated that, according to the APP, the Rivers State legislature currently has only three members, with Victor Oko-Jumbo serving as Speaker.
He said, “What we want to communicate to the public, including our esteemed members, is that nothing substantial has changed. All the decisions issued by various high courts of coordinate jurisdiction will ultimately be settled at the Supreme Court. Justice Peter Lifu’s judgement of the Federal High Court, Abuja is not final, and thus, it has not fundamentally changed the position of the Rivers State House of Assembly’s leadership as far as APP is concerned.
“That is why we went to court. We strongly believe, to this day, that there are vacant positions in the Rivers State House of Assembly that need to be filled.”
He reiterated that the APP recognises only three current members, with Rt Hon Victor Oko-Jumbo as Speaker.
Ekine also noted that Justice Lifu’s judgement classified the matter as a pre-election issue filed outside the 14-day statutory window, citing precedents. Additionally, the court referenced previous rulings that had already adjudicated similar cases related to the alleged defection of the 27 lawmakers.
Ekine further stated, “There are various court decisions, including Justice Wali’s judgement, which restrains the former members of the Rivers State House of Assembly from interfering with the Assembly’s activities, led by Victor Oko-Jumbo. That judgement is also on appeal and will go to the Supreme Court. Until the apex court decides, Justice Wali’s decision remains valid.”
He mentioned that Justice Omotosho’s judgement and Justice Okoroewo’s Interlocutory Order are connected to the reasons why the APP pursued the case in court.
Ekine concluded by stressing that it is the responsibility of everyone, including judicial officers and the President of Nigeria, to protect the nation’s Constitution and its provisions. He urged the media to ensure accuracy in reporting court judgements, advising them to seek the true position of matters before publishing.
He insisted that Justice Lifu’s judgement has not changed anything concerning the leadership of the Rivers State House of Assembly under Rt Hon Victor Oko-Jumbo, and that INEC must conduct elections to fill the vacant seats resulting from the defection of Amaewhule and others on 11th December 2023.
