2 lawyers clash over court’s injunction restraining APC lawmakers from parading as Rivers Assembly legislators

Orji Obinna Charles , Rivers

Two lawyers and activists, former presidential aide to Muhammadu Buhari, Chief Okoi Obono-Obla and Justice Osai Ahiakwo, have strongly disagreed over the court’s restraint of 25 APC members from parading themselves as lawmakers of Rivers State House of Assembly.

Recall that five lawmakers of the River State House Assembly who are PDP members and loyal to the embattled Rivers State governor, Fubara had last Friday obtained an injunction from the state high court against the 25 lawmakers whom they said had since lost their seats having defected from a party, PDP, they won election from, and had plotted to impeach Gov Fubara.

In his statement, Obono-Obla cautioned that the Judiciary should not be dragged into the political fray in Rivers State.

“The antagonists in the political internecine warfare going on in Rivers State presently should not use the judiciary as sacrificial lamb through dragging politically motivated cases to the court under the guise of asserting their rights .

“I think it was a wrongful exercise of discretion by the learned trial Judge to have exercised his discretion in favor of these three members who applied for the order of injunction”, he said.

Obono-Obla said the intervention of the Judiciary seems to be a dangerous escalation of the crisis which has engulfed the state since 2023.

He insisted that it was wrong for three PDP lawmakers to use the weapon of a court injunction to prevent 25 members from carrying out their constitutional responsibilities under the guise that their seats have been vacated, asking “Who vacated the seats of these 25 members?”

“I know as a fact that under the 1999 Constitution, a member of a legislative house that leaves the political party that sponsored his election to join another political party stands to lose his seat.

“But the exception is when there is a splinter or crisis in the political party that sponsored his election, his defection would not affect his seat.

“Therefore, under the circumstances, could it be said that these 27 other members of the Rivers State House of Assembly that defected from PDP to APC have lost their seat?

“This is a legal question under the circumstances that only a court of law can determine.”

He insisted that it was illogical or unconstitutional for three or five members to remove 27 members when, in the first place, they can not form a quorum going by 31 member strength of the Assembly .

“I think that the injunction obtained on 10 May 2024 by three members of the Rivers State House of Assembly against 25 other members is a desperate act to ward off the impeachment of Governor Sim Fubara by the majority in the Rivers State House of Assembly.

“The judge ought to have ordered that the 1st-25th Defendants should put on notice in order to hear their own side.

“It was wrong for the judge to have at the level of ex parte application to have agreed with the applicants that these 25 members have lost their seats.

“The combatants in Rivers State should not drag the judiciary into their fight.”

In his own separate statement, also issued in Calabar, Justice Ahiakwo said whoever is challenging the court’s decision is bereaved of the practice procedures in the courts of law.

Ahiakwo argued that there is absolutely nothing wrong with the intervention of the court, maintaining that the court is duty bound to grant the Claimants application till the substantive motion on notice which gives a right of reply to the 25 APC lawmakers to respond in opposition.

“I see no fault in the interlocutory order made restraining the 25 former lawmakers from acting as legislative members because if they are not restrained, the actions and inactions are capable of throwing Rivers State into crisis and which the court will not close its eyes such foreseeable and possible preventable crisis.

“The rules of the High Court of Rivers State ably provide for litigants to apply for experte reliefs seeking to preserve the res of any cases brought before the learned Justices presiding over such cases.

According to Ahiakwo, to condemn the ruling of the Honourable Justice is contemptuous.

He explained that aside from the instigation of impeachment, the five lawmakers are saying they are not part of alleged illegality perpetrated by the 25 APC members who insisted on overriding the Executive Governor by passing into law certain bills they sponsored.

“The 1999 Constitution by way of a strict interpretation of Section 109 simply provided for situations where an elected House of Assembly member will cease to be a member, particularly where there is no crisis amongst the party members that sponsored the election as envisaged by Section 109 (1)(g).

“The continuous actions of the APC former lawmakers are causes of action requiring the High Court of Rivers State to adjudicate upon and which duty it is to maintain law and order pending the final determination of the case.” He said.