Rivers Elders drag Tinubu, Fubara, INEC, others to court

 

Joseph Irikefe

 

The political crisis in Rivers State has assumed a new twist, as six Elders in the state have dragged President Bola Tinubu to the Federal High Court in Abuja for allegedly compelling Governor Siminilaya Fubara to enter into an unconstitutional agreement.

The Plaintiffs, led by a member of the Rivers State House of Assembly representing Bonny State Constituency, Hon. Victor Okon Jumbo, are; Senator Bennett Birabi, Senator Andrew Uchendu, Rear Admiral O.P. Fingesi, Ann Kio Briggs and Emmanuel Deinma.

They maintained that the said agreement that was signed on December 18, was not only illegal, but amounted to an usurpation, nullification and undermining of the extant/binding relevant provisions of the 1999 Constitution, as amended.

Consequently, they prayed the court to among other things, determine whether President Tinubu, governor Fubara and the Rivers State Assembly, have the rights and are entitled to enter into any agreement that has the effect of nullifying or undermining the constitutional/legal potency of the provisions of Section 109 (I) (g) and (2) of the 1999 Constitution, as amended.

They contended that neither President Tinubu nor governor Fubara has the statutory powers to stop the Independent National Electoral Commission, INEC, from conducting fresh election to replace the 27 Rivers State lawmakers that defected from the Peoples Democratic Party, PDP, to the All Progressives Congress, APC.

Aside from President Tinubu who was cted as the 1st Defendant in the suit marked: FHC/ABJ/CS/1718/2023, other Defendants in the matter, are; the Attorney General of the Federation and Minister of Justice, governor Fubara, Rivers Assembly, Speaker of the Rivers State Assembly and the INEC Chairman, Prof. Mahmood Yakubu.

In a 19-paragraph affidavit that was deposed to by the 6th Plaintiff, Deinma, who identified himself as an indigene of Rivers State from Okrika Local Government Area, the court was told that sometime in November, 27 out of 32 members of the Rivers State Assembly, “without any justification or lawful excuse whatsoever, decided to defect from the PDP, being the platform under which they were elected.”

According to the deponent: “On the basis of the above fact, the said 27 members of the Rivers State House of Assembly moved out of the Rivers State House of Assembly Complex and began to hold their proceedings at a different location.

“That it became an obvious fact that the 27 members of the Rivers State House Assembly are fully loyal to the former Governor of Rivers State, Chief Ezenwo Nyesom Wike (now the Hon, Minister of F,C.T.), while they are disloyal to the current Governor of Rivers State, Mr. Siminilaya Fubara.

“That only five (5) Honourable members of the Rivers State House of Assembly remained with the PDP, as they did not defect/decamp to the APC but remained as members of the PDP and as valid members of the Rivers State House of Assembly.

“The said remaining five (5) Honourable members of the Rivers State House of Assembly, who did not defect/decamp to the APC, headed by Hon. Mr. Edison Ehie on the 30th of November, 2023, declared the seats of the said 27 members of the Rivers State House of Assembly vacant for decamping/defecting from the political party platform, PDP, under which they were elected as Honourable members of Rivers State House Assembly.

“That upon declaring the seats of the said 27 members of the Rivers State House of Assembly vacant, the said Mr. Edison Ehie (who now became the Speaker of the Rivers State House of Assembly) immediately sent a Notice via a Letter to the 5th Defendant, wherein he informed him of the vacancy in the 27 seats of the Rivers State House of Assembly and requested that he should conduct a bye election to fill the said 27 vacant seats.

“That the aforesaid development resulted in several law suits on both sides (which are the said 27 members who defected to another Political Party and the Five [5] members who remained valid members of the Rivers State House of Assembly) in a bid to exercise superiority over one another.

“While the whole issues/disputes were on going, sometime in December, 2023, the Executive Governor of Rivers (Mr. Sim Fubara) presented the 2024 Appropriation Bill to the five (5) member House of Assembly headed by the said Mr. Edison Ehie.

“That on the 18th of December, 2023, while the whole crisis was still ongoing, the 1st Defendant (Tinubu) invited all the warring parties (which includes the 3rd Defendant (Fubara), the former Governor (Wike) and some other persons) so as to settle the brewing issues between the disputing parties.

“At the end of the said meeting, the 1st Defendant caused all the parties to the said dispute to reach certain resolutions and enter certain Agreements, which they thereafter reduced into writing and they all signed same.

“The Online Printout Report of the said Agreement along with its Certificate of Compliance with the Evidence Act are attached to this Affidavit and marked EXHIBIT ‘A’.

“That the said Agreement that was reached and signed by the said parties (under the supervision of the Ist Defendant) stipulates among other things that the said 27 members of the Rivers State House of Assembly will be allowed to return to the Rivers State House of Assembly and retain their seats at the House and their Leader Hon. Martin Amaewhule (the former Speaker of the House) will upon return to the House assume his seat as the Speaker of the House of Assembly, while the subsisting Speaker Hon. Mr. Edison Ehie will step aside.”

The Plaintiffs maintained that a member of the House of Assembly who has relinquished membership of a political party which sponsored him during the term for which he was elected, is mandated by law to vacate his seat in the House.

“That the 27 members of the Rivers State House of Assembly having relinquished their membership of PDP and joined the APC are legally mandated by the Constitution of the Federal Republic of Nigeria 1999 (as amended) to vacate their seats as members of the House of Assembly.

“That the Agreement between the 1st and 3 rd Defendant is unconstitutional and a usurpation, nullification and undermining of the extant/binding relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended).

“That this suit is instituted to challenge the said Agreement and its undermining and nullification effects against the supreme and binding provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended).

“That it will be in the very interest of justice, in compliance with the principle of the sanctity of the Constitution and adherence to the principle of the rule of law to determine this suit in the Plaintiffs favour and completely discountenance, reject and refuse the Defendants’ defence against our case and claims in this suit,” the deponent further averred.

Aside from seeking the declaration of seats of the 27 lawmakers vacant, the Plaintiffs, in the suit they filed through their team of lawyers led by Dr. Olukayode Ajulo, SAN, want INEC to pursuant to the provisions of section 116 (I) and (2) of the 1999 Constitution, as amended, conduct an election to fill up the seats.

They further want: “An order of perpetual injunction restraining the 1st, 2nd and 3 rd Defendants from ever interfering with the affairs of the Rivers State House of Assembly presided over by the 4th Defendant and thereby allow the 4th Defendant to superintend over and fully take charge of the affairs of the Rivers State House of Assembly pursuant to the superior and extant provisions of sections 92, 93, 94 and 109 (I) and (2) Of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended).”

Meanwhile, no date has been fixed for the matter to be heard.