A Federal High Court in Abuja on Wednesday struck out a suit filed by 27 lawmakers, led by Martin Amaewhule, in the Rivers House of Assembly against the Independent National Electoral Commission (INEC).
Justice Peter Lifu, in a ruling, struck out the suit after it was withdrawn by the lawmakers who were plaintiffs in the case.
“The court has painstakingly perused and carefully considered the notice of discontinuance of this suit dated and filed on the 30th of October, 2024 by the learned counsel to the plaintiffs, J. Akubo esq.
“The court has equally perused and considered all the arguments of learned counsel for all the parties,” he said.
Justice Lifu, who observed that the suit was commenced by a writ of summons, said hearing on the suit was yet to commence.
“There are pending applications for joinder in this suit. There is also an application for a change of counsel.
“Aside, there is an application to regularise processes among other” he added
According to him, it is therefore my considered view in line with the position of the law that a plaintiff can discontinue as of right before the date fixed for the hearing of the suit as has been done in this case.
“Based therefore on the above reasoning and conclusion, the notice of discontinuance dated and filed on the 30th of October, 2024 hereby succeeds and the instant entire suit is hereby struck out,” Justice Lifu ruled.
NAN reports that the 27 lawmakers, loyal to the former Governor of Rivers and Minister of FCT, Nyesom Wike, filed the suit to restrain INEC from conducting a fresh election to fill their seats for defecting from the Peoples Democratic Party (PDP) to All Progressives Congress (APC).
The lawmakers had initially, in a motion ex-parte marked FHC/ABJ/CS/1681/2023/ dated December 13 and filed December 15, sued INEC, PDP, the assembly, clerk of the assembly, Inspector-General (I-G) of Police and State Security Service as 1st to 6th defendants respectively.
The motion, deposed to by the factional speaker of the assembly, Amaewhule, had sought five reliefs.
NAN reports that Justice Donatus Okorowo of a sister court had, in December 2023, gave an interim order restraining INEC from conducting a fresh election to fill their seats.
Justice Okorowo, who gave the ruling in an ex-parte motion moved by counsel to the defected lawmakers, Peter Onuh, also restrained the INEC, PDP and the Rivers parliament from declaring their seats vacant and withdrawing their respective certificates of return pending the hearing and determination of the motion on notice.
The judge also granted an interim injunction restraining the I-G and SSS from denying or refusing to provide security for the plaintiffs or withdrawing their security details or personnel for the purpose of enabling them to continue with the performance of their constitutional legislative and oversight functions pending the hearing and determination of the motion on notice, among others.
The case, which was before Justice Okorowo, was however reassigned to Justice Lifu for adjudication when Okorowo was elevated to the Court of Appeal.
Meanwhile, netizens have reacted to the decision of a Federal High Court in Abuja to stop federal allocation to the Government of Rivers State.
DAILY POST reported earlier this morning that the Federal High Court in Abuja stopped the Central Bank of Nigeria (CBN) from further releasing monthly financial allocations to the Rivers State government.
The court held that the receipt and disbursement of monthly allocations since January this year by Governor Siminalayi Fubara is a constitutional somersault and aberration that must not be allowed to continue.
Justice Joyce Abdulmalik, who issued the order on Wednesday, held that the presentation of the 2024 budget by Fubara before a four-member Rivers House of Assembly was an affront to the constitutional provision.
Specifically, the judge said that Fubara’s action in implementing an unlawful budget smacked of gross violations of the 1999 Constitution he swore to protect.
The judge, therefore, restrained the CBN, Accountant General of the Federation, Zenith Bank, and Access Bank from further allowing Fubara to access money from the Consolidated Revenue and Federation Account.
@Ihima_Principal said, “The Judiciary has been captured to serve the purposes and interests of Abuja politicians. Rivers people deserve their money.”
@Ibirogba2000 said, “Good The court had already said the House of Assembly should be recognized. The governor will have to either comply with the court order or appeal it. Also, Mr. Wike should advise his followers to work with the governor in order for peace to reign. I believe we all want peace in Rivers State.”
@TheamazingJosh said, “In saner climes, Wike would have been sacked and thrown behind bars… but well, this is Nigeria….”
@Oladapomikky1 said, “Then Fubara should revoke all the licenses of all the oil companies in Rivers State.”
@Divilo2 said, “All you shouting Wike, is it good to run a whole state with just three representatives? So other constituencies don’t deserve a representative? Wike will always fight you with the law; it’s not like Edo, where Obaseki did that and was left unchallenged.”
@Nwa_Anambra said, “Finally, they are about to make Fubara the greatest hero if they execute this judgment because he will govern Rivers with only IGR. Then questions will be asked about what Wike did with the FAAC he received.”
@marythesa said, “Wike wants to set Rivers State on fire!”
@Ayodeledad said, “Wike has all the judges in Abuja under his armpits.”
@sheiduumar said, “Wike is becoming more selfish. This is definitely working against his people.”
@kingkhone4real said, “What is this again? Wike wants to set Rivers State on fire under Tinubu’s watch.”
@Buchyogba said, “They’ll destroy this democracy.”
@djokemegamixer said, “The judgment is nothing surprising, and as far as Emperor Wike remains a Father Christmas to the judiciary at both the state and federal levels, every judgment with a seeming outlook to ground governance in Rivers State remains suspect. Unfortunately, the people of Rivers State are the biggest victims of this power play. We will see where all this will end. Some who were more powerful than Wike years back are long forgotten today. Nobody will leave this world alive.”
@Dat_Igbo_ghuy said, “The way they are abusing the courts and its processes, people no longer take our courts seriously, and it’s quite sad.”
DAILY POST recalls that the Court of Appeal in Abuja had dismissed an appeal filed by Governor Siminalayi Fubara of Rivers to challenge the lower court judgment affirming the Martin Amaewhule-led Rivers House of Assembly.
A three-member panel of justices, led by Justice Oyewole in a unanimous judgment, affirmed the January 22 judgment by Justice James Omotosho of the Federal High Court in Abuja, nullifying the passage of Rivers State’s N800 billion 2024 budget by four members of the House of Assembly.
Justice Oyewole held that the appeal was bereft of merit, pointing out that Fubara, having withdrawn his counter affidavits and other processes filed at the lower court, cannot turn around to appeal a matter that had been terminated.
DAILY POST recalls that Justice Omotosho had, on January 22, set aside the Rivers’ N800 billion budget passed by five members of the House led by the Edison Ehie-led faction.
The panel, which dismissed the appeal, consequently ordered Governor Fubara to resubmit the budget to the Martin Amaewhule-led Assembly.
Credits Vanguard/Daily Post
