A high court in Port Harcourt, the capital of Rivers State has issued an ex parte Order of Interim Injunction barring the Chief Judge of the State and the Clerk of the Rivers State House of Assembly from dealing with Martin Amaewhule and 24 other members of the House of Assembly.
The notice was issued by Justice Stephens Jumbo of the state high court who also restrained the court from acting on any resolutions, articles of impeachment, and or any other communications from them.
The suit filed by the attorney general of the state and the Governor as first and second plaintiffs, was marked PHC/2177/CS/2024, it had Martin Amaewhule and 24 others as the first and second defendants.
It also has Victor Oko-Jumbo, and others, Chief Judge of the State, Clerk of the State House of Assembly and People’s Democratic Party (PDP) as second sets of defendants.
The court further ordered all parties to maintain the status quo ante litem as of July 5, 2024, until the motion for an interlocutory injunction is heard and determined.
The order read partly: “That an Order of Interim Injunction is hereby made restraining the 31″ and 32nd Defendants from dealing or howsoever relating with the 1st-27th Defendants as members of the Rivers State House of Assembly and from receiving, forwarding or howsoever acting on any resolutions, articles of impeachment or other Defendants pending the hearing and determination of the motion on notice for interlocutory injunction already filed herein.
“That the parties to this suit are hereby directed to maintain the status quo ante litem in this suit as of 5th July 2024, pending the hearing and determination of the motion on notice for interlocutory injunction already filed herein.
“An Order is hereby made for substituted service of the originating and other processes in this suit on the 1st-30th Defendants by pasting the same at Quarters, opposite former NDDC headquarters, off Aba Road, Port Harcourt, Rivers State.”
The court adjourned to the 15th of July 2024 for hearing.
The background
Martin Amaewhule and the 24 others are recognised as Pro Wike supporters.
The pro-Fubara lawmakers resumed sitting on Monday, following last week verdict of the Court of Appeal reinstating them as lawmakers.
At their sitting on Monday, the pro-Wike lawmakers gave Fubara a seven-day ultimatum to present afresh the 2024 budget, which months ago passed by the factional Assembly loyal to Fubara. He had already presented an appropriation bill of about N800 billion for the 2024 Fiscal year.
Remember that the Assembly became factionalised last year at the onset of the feud between Fubara and his estranged political godfather, Nyesom Wike, Minister of FCT.
Reports show that the Amaewhule led lawmakers also Pro-Wike have threatened to take action against the governor over his alleged misconduct and abuse of conduct. In a letter written to the governor titled ‘Resolution reached at the 1st legislative day of the second session of the 10th Rivers State Assembly’.
It read, “At the 1st legislative day of the second session of the tenth Rivers State House of Assembly, which held on Monday the 8th day of July 2024, the House deliberated on some of your actions and inaction in breach of the 1999 Constitution, as altered, extant laws and judgments of competent courts of law and resolved the following:
“That your attention should be drawn to the fact that you are yet to present the Rivers State Appropriation Bill 2024 in line with Section 121 (1) of the 1999 Constitution, as altered, and in compliance with the judgment delivered on the 22nd day of January 2024 by Honorable Justice J.K. Omotosho of the Federal High Court of Nigeria in Suit No: FHC/ABJ/CS/1613/2023, which confirmed to you that you are yet to present same to a duly constituted Rivers State House of Assembly under the Speakership of Rt. Hon. Martin Amaewhule.
“Pursuant of Section 122 of the Constitution, the Rivers State government under your watch is now barred from spending funds from the consolidated revenue fund of the state, so, this House hereby gives you the opportunity to present the same within seven days from the date of this resolution.
“That your attention should also be drawn to the breach of Section 192(2) of the Constitution wherein you swore in purported members of the Rivers State Executive Council as commissioners as well as a breach of Section 7 (1) of the Constitution and the Rivers State Government (amendment) Law of 2023 wherein you also swore in certain unelected individuals to manage the affairs of the 23 local government councils in the state in flagrant disobedience to the judgment delivered by justice J.K. Omotosho.
“The learned judge restrained you from dealing with the three suspended members, who, with your connivance, are parading themselves as the Rivers State House of Assembly in total disobedience to the order of the learned judge wherein he stated inter alia that “…an order is hereby made restraining the 11th defendant (governor) from howsoever or in whatever manner making any request, presentation or nomination to the Rivers State House of Assembly except to the Rivers State House of Assembly under the leadership of the 2nd plaintiff (Rt. Hon Martin Amaewhule) as Speaker.
“That in total disregard to the provisions of the 1999 Constitution, as altered, and the judgment delivered on the 4th day of July 2024 by the Court of Appeal in Appeal No. CA/PH/198/2024, in which all actions taken by the three suspended members including purported screening and confirmation of commissioner–nominees for appointment, caretaker committees and other approvals has been declared null and void and thereby vacated.
“You have in contempt of orders of this court continued to transact with them and refused to direct all imposters in your government to stop parading themselves in their purported positions.
“These infractions by you on the Constitution of the Federal Republic of Nigeria 1999, as altered, other extant laws and judicial pronouncements constitute gross misconduct and abuse of office on your part.
“We call on you to do the needful and act lawfully without further delay and please accept the assurances of our high regards.”
The ruling of the court however has prevented the defendants from acting on any resolutions or impeachments.
