According to the court papers, the ruling is set to be delivered tomorrow (Monday, December 18, 2023).
A draft of an already written court ruling of the Federal High Court in Abuja for an ex parte application in favour of pro-Nyesom Wike’s lawmakers in Rivers State has leaked online.
According to the court papers, the ruling is set to be delivered tomorrow (Monday, December 18, 2023).
Justice D. U. Okorowo allegedly held a secret hearing in his chambers and delivered a judgement in favour of 27 lawmakers said to be loyal to former Rivers State governor, Wike. But Justice Okorowo has denied the allegation, saying nothing of the sort happened.
SaharaReporters on Monday reported the defection of the 27 lawmakers loyal to Wike, the Minister of the Federal Capital Territory.
The lawmakers announced their defection on Monday at the plenary, citing division in their party – Peoples Democratic Party – as the reason for the move.
The lawmakers led by Martin Amaewhule had initiated impeachment proceedings against Governor Siminalayi Fubara, but the move failed.
Fubara has been at loggerheads with his predecessor and godfather, Wike.
On Tuesday, SaharaReporters reported that the Rivers State High Court sitting in Port Harcourt and presided over by Justice D.M. Danagogo, had restrained Martin Amaewhule from interfering and disrupting the activities of the House of Assembly Speaker, Edison Ehie, from carrying out his legislative functions.
The court issued the order on Tuesday while ruling in a motion ex parte filed by the Rivers State House of Assembly and Edison Ehie as claimants/applicants in a suit marked PHC/3030/CS/2023, with Martin Amaewhule and Duule Maol as defendants.
The court further stated that the order came after reading the affidavit of Ehie and after hearing D. I. Iboroma, (SAN) who appeared with A. B. Ihua-Maduenyi Esq., T. C. Kinabere Esq., and P. I. Johnson Esq. as counsel for the Rivers State House of Assembly and Ehie (Claimants/Applicants).
Ehie, and four other lawmakers loyal to Governor Fubara, on Wednesday, approved the state government’s N800 billion budget for the 2024 fiscal year.
However, the ruling which leaked on Sunday will stop the declaration of the seats of the 27 lawmakers as vacant.
This will give them a dubious legitimacy to start the impeachment proceedings against Governor Fubara by Tuesday.
The matter with suit number FHC/ABJ/CS/1681/2023 is between the 27 pro-Wike lawmakers and the Independent National Electoral Commission (INEC); PDP; Rivers State House of Assembly; Inspector General of Police and Department of State Services (DSS).
The pro-Wike lawmakers were listed as Hon. Martin Chike Amaewuhule, Hon. Dumle Maol, Hon. Major Jack, Hon. Linda Somiari-Stewart, Hon. Franklin Uchenna Nwaboshi, Hon. Christopher Kagbang Ofiks, Hon. Azeru Opara, Hon. Olabo George, Hon. Tonye Smart Adoki, Hon. Granville Tekenari Wellington, Hon. Mgbar Bernard, Hon. John Dominic Iderima, Hon. Queen Uwawa Tony Williams, Hon. Loolo Isaiah Opuende, Hon. Abbey Peter, Hon. Igwe Obey Aforji, Hon. Justina Emeji, Hon. Ignatius Onwuka, Hon. Chimezie Nwankwo, Hon. Lemchi Prince Nyeche, Hon. Barile Nwakoh, Hon. Emelia Lucky Amadi, Hon. Nkemjika Ezekwe, Hon. Davids Arnold Okobiriari, Hon. Nwankwo Sylvanus, Hon. Gerald Oforji and Hon. Wami Solomon.
The court document reads, “By this urgent application, the Plaintiffs/Applicants are praying this Honourable Court for 5 (five) interim injunctive reliefs.
I have carefully listened to the submissions of the Learned Senior Counsel and also considered the affidavit of Rt. Hon. Honourable Martin Chike Amaewhule (the 1st Plaintiff) in support of the motion, the documentary evidence marked EXHBITS A1 - A5, B1- B5 and C as well as the Written Address in support.
The urgency of the subject matter of this Suit is abundantly clear from the affidavit evidence and the supporting documents. This court is eminently vested with the requisite jurisdiction to consider an application of this nature in the circumstances having regard to the provisions of ORDER 26 RULE 5 OF THE FEDERAL HIGH COURT.”
It further says, “Consequently, this motion is granted as prayed.
“For avoidance of doubt, AN INTERIM ORDER OF INJUNCTION IS HEREBY MADE RESTRAINING:
“The 1st and 3rd Defendants, either by themselves, their officials, officers, servants, agents, staff or privies from declaring vacant or taking any steps whatsoever to declare vacant the seats of the Plaintiffs/Applicants at the Rivers State House of Assembly; from withdrawing the Plaintiffs/Applicants' respective Certificates of Return and from conducting fresh elections to fill in the seats of the Plaintiffs/Applicants at the Rivers State House of Assembly, pending the hearing and determination of the Motion on Notice.
“The 1st Defendant from conducting fresh elections to fill in the seats of the Plaintiffs/Applicants in Rivers State House of Assembly, pending the hearing and determination of the Motion on Notice.
“The Defendants, jointly and severally, by themselves or their servants, agents, officials, officers, staff, delegates of other persons deriving authority from them, from interfering with or impeding in any way or attempting to interfere with or impede in any way the full enjoyment of the official rights and privileges of the Plaintiffs/Applicants as the Speaker, the Deputy- Speaker and members, respectively, of the Rivers State House of Assembly, pending the hearing and determination of the Motion on Notice.
“The 5th and 6th Defendants, by themselves, officers, subordinates, servants or agents from denying or refusing to provide security for the Plaintiffs or howsoever withdrawing their security details or personnel or failing to provide adequate security for the Plaintiffs/Applicants for the purpose of enabling the said Plaintiffs/Applicants to continue with the performance of their constitutional legislative and oversight functions as the Speaker, the Deputy-Speaker and members, respectively, of the Rivers State House of Assembly; and or from taking any adverse security measures or step (whether shape such steps may be) capable of preventing or obstructing the Plaintiffs/Applicants from performing their functions and duties as the Speaker, the Deputy- Speaker and members, respectively, of the Rivers State House of Assembly, pending the hearing and determination of the Motion on Notice.”
“The motion on notice to which this interim order of injunction relates is hereby adjourned to Wednesday, the 17th day of January, 2024 for hearing,” it added.
When SaharaReporters called Justice Okorowo, he denied the allegation and described the document as fake.
"Verify your facts right; it is no true," he said.