The Federal High Court in Abuja has stopped the Independent National Electoral Commission (INEC) from holding by-elections to replace 27 members of the Rivers State House of Assembly who crossed from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
Meanwhile, the 27 pro-Nyesom Wike lawmakers had relocated to the Rivers Assembly Legislators’ Quarters in Port Harcourt.
The legislators’ move followed the ongoing demolition of the Rivers State House of Assembly complex to pave way for reconstruction of a new building.
The Abuja court restrained the Inspector-General of Police and the SSS “from denying or refusing to provide security to the plaintiffs or withdrawing their security details.”
The Judge adjourned the suit until 28 December for hearing.
Their seats had been declared vacant by the factional Speaker of the House, Rt. Hon. Edison Ehie, last Wednesday.
In his memo to INEC, factional Speaker Ehie wrote:
“NOTICE OF VACANCIES IN THE RIVERS STATE HOUSE OF ASSEMBLY UNDER SECTION 109(1)(G) AND (2) OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED) AND REQUEST FOR CONDUCT OF FRESH ELECTIONS IN THE 25 STATE CONSTITUENCIES IN THE RIVERS STATE HOUSE OF ASSEMBLY
“I write to formally bring to your notice vacancies in the seats of the under-listed constituencies and membership under Section 109(1)(g)of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
“The under-listed members who represented the respective Constituencies indicated against their names jointly and severally decamped from the Peoples Democratic Party (PDP) under whose platform they were elected to the All Progressives Congress (APC) on the day 11th of December 2023, As a result, by Section 109 (2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and by Resolution of the House at the 90th Legislative Sitting of the Rivers State House of Assembly held on Wednesday. 13th day of December 2023, their seats were declared vacant.
“Consequently, I write on behalf of the Rivers State House of Assembly to kindly request for a by-election to be conducted to fill the vacant seats in the Rivers State House of Assembly.”
Factional Speaker, Edison Ehie, is being backed by Governor Siminalayi Fubara, while the 27-member faction led by Martin Amaewhule pledges loyalty to Nyesom Wike, former Rivers Governor and current Minister of the Federal Capital Territory (FCT).
However, the Wike-backed faction of the lawmakers through their lawyer, Peter Onuh, in an ex-parte request filed on 13th December, approached the Federal High Court in Abuja to restrain the Rivers State House of Assembly, INEC, and the PDP from taking actions that could undermine their rights.
Also, the applicants prayed the court to restrain the State Security Service (SSS), the Inspector General of Police and the Clerk of the Rivers State House of Assembly from depriving them of their rights as lawmakers, including withdrawal of police security.
Making an interim ruling on Friday, the judge, Okorowo, restrained INEC and the Rivers Parliament “from declaring vacant or taking any steps whatsoever to declare the seats of the plaintiffs at the Rivers State House of Assembly.
“An interim injunction is hereby granted restraining the 1st defendant (INEC) from conducting fresh elections to fill the seats of the plaintiffs (the 27 lawmakers) in the Rivers State House of Assembly, pending the hearing and determination of the motion on notice.”
