Victor Oko-Jumbo-led Rivers State House of Assembly, loyal to Governor Siminalayi Fubara, has filed an appeal at the Supreme Court challenging the judgement of the Appeal Court delivered on Wednesday in Abuja.
Oko-Jumbo said this in a statement issued yesterday in Port Harcourt by the factional Clerk of the House, Dr G.M Gillis-West, and sent to newsmen.
The factional speaker said the Assembly strongly believes that the Court of Appeal was in error when it held that the Rivers State High Court lacked jurisdiction to hear and determine suit no PHC/1512/CS/2024.
Oko-Jumbo declared that he remains the speaker of the state legislature because there cannot be two Houses of Assembly.
He reiterated that the seats of Martin Amaewhule and 24 other former lawmakers remain vacant as declared by the then Speaker, Edison Ehie, on December 13, 2023, following their defection from the Peoples Democratic Party, PDP, to the All Progressives Congress, APC, on December 11, 2023.
The statement reads, “There cannot be two Houses of Assembly in Rivers State or indeed any state in Nigeria. This House of Assembly, with me as the speaker, is the only House of Assembly in Rivers State.
“As the whole world knows, on December 11, 2023, Amaewhule and his 24 friends defected from the Peoples Democratic Party to the All Progressives Congress.
“On the December 13, 2023, Edison Ehie, as the Speaker of the House of Assembly, declared the seats of Amaewhule and 24 others vacant. That declaration has not been set aside by any court in Nigeria.”
He explained that the legitimate members of the Assembly secured a restraining order against Ameawhule and the 24 others when they continued to parade as members of the legislature despite their defection.
Oko-Jumbo noted that because they felt dissatisfied with the rulings of the Rivers State High Court in suit no PHC/1512/CS/2024, Amaewhule & 24 ORS had filed appeal no CA/PH/198/2024 at the Court of Appeal, Port Harcourt Division.
Continuing, he said, “Yesterday, July 4, the Court of Appeal, in its lead judgement, allowed the appeal by Ameawhule & 24 ORS on the ground that the Rivers State High Court lacked jurisdiction to hear and determine the case.
“Accordingly, the Court of Appeal struck out suit no PHC/1512/CS/2024 and nothing more. It did not make any declaration that Amaewhule & 24 ORS did not defect from the PDP to APC.
“The court also did not make any declaration that Amaewhule and 24 ORS are still members of the Assembly,” he pointed out.
According to him, “We strongly believe that the Court of Appeal was in error when it held that the Rivers State High Court lacked the jurisdiction to hear and determine the suit.
He said accordingly, the House has instructed its lawyers and they have filed an appeal at the Supreme Court of Nigeria challenging the judgement of the Court of Appeal.
“Martin Amaewhule & 24 ORS, in spite of all their pretences, are no longer members of the Assembly and they remain so until a court of competent jurisdiction says otherwise.
“Once again, we the legitimate members of the Assembly hereby call on the Independent National Electoral Commission, INEC, to promptly conduct a bye-election to fill the vacant seats.
“We strongly urge the general public to ignore Amaewhule & 24 ORS in their pretence that they are members of the House.”
