By Ignatius Chukwu
Embattled governor of Rivers State, Sim Fubara, may have got an upper hand in his fight to remain state governor. This is as a big break seemed to come his way today, Thursday, May 30, 2024 when a High Court in Port Harcourt declared the seats of the 25 lawmakers who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), vacant.
The court said this would be so pending the determination of a suit.
The order came from the justice, Charles Wali, in Suit No PHC/1512/CS/2024. The case was filed by Victor Jumbo, Speaker from the Fubara camp of the Rivers House of Assembly, backed by Sokari Sokari and Orubienimigha Timothy, on the current crises rocking the state Assembly.
The court ordered Martin Amaewhule, the factional speaker of the House, to stop parading himself as the Speaker of the assembly.
The court also bared the 25 defected lawmakers from posing as lawmakers in the state.
The judge declared thus: “An Order of Interlocutory Injunction is granted restraining the 1st to 25th defendants from parading themselves as members of the Rivers House of Assembly and/or meeting/sitting at the Auditorium of the House of Assembly Quarters located at Aba Road, Port Harcourt,
“Their legislative seats are hereby declared vacant pending the hearing and determination of the substantive suit.
“An order of Interlocutory Injunction is hereby made restraining the 26th to 28th defendants from dealing with, interfacing, accepting any resolutions, borrills and/or interacting with the first to 25th descendants in their purported capacities as members of the Rivers State House of Assembly,
“Their legislative seats having been declared vacant with effect from December 13, 2023 pending the hearing and determination of the substantive suit.
“That this case is adjourned to July, 1, 2024 for mention,” the court held.
By this declaration, Gov Fubara may find more space while the main suit is being debated and may go on appeal. This may also hamper the legality of any impeachment action they may embark upon.
The PDP which is said to be backed by ex-governor, Nyesom Wike, is said to have filed a case to say the lawmakers did not defect after all. This may make them PDP members again and may shield them from the impact of the case in court.
At the moment, the court order may complicate the crisis and need all parties to dig deeper into their archives to come up with new tricks.
Gov Fubara gains upper hand as court declares seats of 25 defected lawmakers vacant
