Some elders of Rivers State and stakeholders, yesterday, kicked and vowed to go on appeal, as a state High Court, sitting in Port Harcourt, struck out a suit challenging the legality of President Bola Tinubu’s proclamation on resolving the political crises in the state for lack of jurisdiction to entertain the matter.
A coalition of civil society organisations also threatened to sue Governor Siminalayi Fubara, to stop him from recognising Mr. Martin Amaewhule as Speaker of the House of Assembly, as well as re-presentation of the N800 billion 2024 budget to the Assembly.
The suit was filed by 10 sons and daughters of the state, led by His Highness Anabs Sara-Igbe, against President Bola Tinubu, Governor Fubara, Martin Amaewhule, Rivers State House of Assembly and the People’s Democratic Party, PDP.
Sara-Igbe and nine others, in the suit, sought constitutional interpretation on whether President Tinubu’s directives for the resolution of the political impasse in Rivers State were not inconsistent with sections of the 1999 Constitution as amended.
They asked whether the president had the legal right to direct the governor to re-present the 2024 budget to 24 members of the House of Assembly led by Martin Amaewhule even after their seats were declared vacant.
Furthermore, the applicants asked whether it was proper for names of commissioners, who willingly resigned their offices to be re-submitted for screening.
The applicants also want the court to determine whether the 24 House of Assembly members led by Amaewhule after defecting from the PDP to the All Progressives Congress, APC, still have the right to be Assembly members.
When the matter came up, yesterday, trial judge, Justice Chinwendu Nworgu did not allow any argument and delivered a ruling declining jurisdiction to entertain the suit.
Nworgu cited the judgment of James Omotosho of Abuja High Court, which nullified activities of the Edison Ehie-led faction of the Assembly.
Outside the courtroom, Sara-Igbe said the suit was part of their efforts to fight for the liberation of the souls of Rivers people, adding that the elders would direct their counsel to appeal the decision of Justice Nworgu.
He accused the judge of not following due process of the case, adding that he was shocked when the case was assigned to Justice Nworgu from the first judge who handled it before.
“They want us to go to Abuja and file the case afresh. We won’t do that. We will appeal the judgment. We need justice and we will get justice,” he said.
Counsel to one of the claimants, Emmanule Rukari, expressed disappointment over the position of the court, saying that the ruling was an indication that the “Judiciary is not the last hope for the common man.”
Meanwhile, a coalition of Civil Society Organisations, CSOs in Rivers State said it would not hesitate to commence a legal process against Governor Fubara if he goes ahead to re-present the N800 billion 2024 passed budget to the Amaewhule-led House of Assembly.
Comprising Geotel Foundation for Citizens and Leadership Development, GFCLD; International Human Rights and Protection Initiative, IHRPI; Foundation for People and Environmental Rights, FPER; Centre for Social Studies Development, CSSD; and Rainbow Watch and Development Centre, RWDC among others, the CSOs said Governor Fubara would be violating his oath of office by recognising the Amaewhule faction of the House of Assembly.
In a statement by Enefaa Georgewill, chairman, and Solomon Lenu, PRO, the CSOs said: “We have watched with keen interest desperate efforts made by very few people and anti-democratic elements to subvert democracy and undermine the sacred office of the governor of our dear state. This is unfortunate, to say the least, if not criminal at worst.”
Urging the governor not to succumb to the pressure of being “part of a process intended to further desecrate the constitution of Nigeria,” they said: “The Martin Amaehule-led House of Assembly does not exist in the eyes of the law by the provisions of Section 109(1)(g) of the constitution of the Federal Republic of Nigeria.
“To pretend to constitute itself to conduct the business of legislation on behalf of Rivers State is untoward, illegal and reprehensible and more to sustain a correspondence with the office of the Governor to the extent of making demands for the representation of the Rivers State 2024 budget before it is illegal, self-serving and is the height of travesty never before heard nor seen in our land.”
On the budget, the coalition said: “The budget (The 2024 appropriation Bill) has been passed into law and should be implemented for the enjoyment of our people and to make Rivers State a better place.
“We, as the foremost civil society organisations in Rivers State, not only stand by you (Fubara), insisting that you refuse to be distracted but carry on with your constitutional mandate of working for the best interest of Rivers people.
“Be informed, your Excellency, that our stated stand to be with and vigilantly watch out carefully for anti-democratic elements and their sponsors, to name and shame them is not a mere promise but as a practical action can never be overemphasized as we have concluded plans to approach the courts to give life to our yearnings and aspirations and ensure that the due process of the law is followed on issues about the present externally induced internal crisis primarily intended to desecrate your office, undermine our constitutional democracy by usurping political power in the state.
“To represent the budget is giving vent to anarchy and encouraging political stupidity which we cannot afford in this critical moment. We encourage you to be law-abiding as expected and no force under the earth can overrun you nor subvert our democracy.”