Analysis: Interesting Things In Rivers Politics

Ekohotblog: Analysis: Interesting Things In Rivers Politics

The crack in the relationship of a former Governor of Rivers State, Nyesom Wike and his successor, Siminalayi Fubara has thrown up an interesting legal tussle in the politics of the state.

The current scenario will address issues in the country’s democracy and create a beautiful political intrigues that will shape the future of law and governance not only in the Rivers but across states.

Who wins between Fubara and his former boss, Wike, the Minister of the Federal Capital Territory, Abuja will depend more on the legal routes their supporters had taken and of course the outcome of their prayers at the court of law.

In the last few months, the legal tussle has been a swinging door in which the Fubara’s group, led by the factional speaker of the state house of assembly, Victor Oko-Jombo won a case at the state High Court, nullifying the leadership of another factional speaker, Martin Amaewhule that is loyal to Wike.

However on Thursday, an Appeal Court in Abuja pronounced that the state High court lacked the jurisdiction to try the case by the Oko-Jombo group, saying that by the electoral law of 2022, only Federal High court has the powers to do so.

It favours the Amaewhule’s group and by extension Wike, whose 25 loyal lawmakers can now proceed to legislate over the affairs of the state.

However, the Fubara’s group had sought stay of execution of the appeal court judgement as it has now filed an appeal at the Supreme Court to set aside the appeal court verdict.

To a constitutional lawyer and a Senior Advocate of Nigeria, Mr.Chino Obiagwu, the Oko-Jombo’s team should have approached a Federal High Court that has got the powers to hear it’s case instead of jumping to the supreme court.

He is of the view that since the appeal court harps on lack of jurisdiction by the high court to knock out the prayers of the Oko-Jombo’s team, it would have been advisable that the team takes it’s case to the Federal High Court.

It is unlikely that the Supreme Court will not toe the path of the Appeal Court going by lack of jurisdiction by the trial court.

To another constitutional lawyer and Senior Advocate of Nigeria, Wahab Shittu, it is not that the appeal court has thrown out the merit of the Oko-Jombo’s case but it nullified the trial court verdict on the basis of lacking in jurisdiction.

Shittu described the appeal court judgement as strictly a jurisdiction matter and that it should be left at that.

According to him, the appellate court pronounced that the High Court in Rivers lacked the jurisdiction to entertain the case, meaning that all prayers by the Oko-Jombo and his team were null and void.

The senior lawyer said that the state house of assembly would have to go back to the former status quo under the leadership of Amaewhule until a competent court can set aside his leadership.

As it is, the Rivers is still in turbulent of where the issue will flow to. Will Oko-Jombo approach the Federal High Court to make new prayers or stick to the Supreme Court and wait in anticipation of winning the case?

It remains a swinging door between Wike and Fubara who now have their eyes and ears on the court to define the future in the politics of Rivers State.

It is clear that a win for Amaewhule’s faction at the Supreme will reverse all the decisions made so far and all the laws promulgated so far by the Oko-Jombo’s faction. It is will spell a terrible future for Fubara as he may be impeached by the Wike’s loyalists.

Otherwise, Wike’s political dominance in Rivers may have been wrest from him by a man he installed to succeed him. It is an interesting intrigues.

In his judgement on the appeal on Thursday, Justice Jimi Olukayode-Bada, leading a three-man panel of the Court of Appeal, held that Amaewhule’s appeal was “meritorious” and therefore allowed same.

Consequently, the Appeal Court held that the suit by Victor Oko-Jumbo at the Rivers State High Court is hereby struck out.

The panel held that Amaewhule and the 24 members of the Rivers State House of Assembly should revert to their positions before the restraining order was made.

The Court of Appeal held that the only court vested with jurisdiction to hear the suit filed by Oko-jumbo is the Federal High Court and not the State High Court.

Therefore, the panel unanimously reasoned that the trial court lacked jurisdiction to hear the suit filed by the 1st to 3rd respindents.

Consequently, it was the contention of the appellate court that the ex parte order which had restrained Amaewhule and the 24 Assembly members, having been made without jurisdiction, “is null and void and of no effect whatsoever”.

“Trial court lacks the jurisdiction to hear and determine the suit of the respondents,” the court said.

The panel held that in granting an ex parte order, there must be an existence of “real urgency and not self induced urgency”.

More so, the Court of Appeal said the trial court should have heard the position of the appellant in the interest of fair hearing since there was no urgency in making the interlocutory injunction.