. Says OKo -Jumbo Remains Rivers Assembly Speaker
.Lauds State Assembly For Proactive Legal Steps
-Bethel Toby
The Chairman, Caretaker Committee of Oyigbo Local Government Area, Engr. Gogo Philip says that celebration in the camp of the former governor of Rivers State and Minister of the Federal Capital Territory, Nyesom Wike over the Court of Appeal ruling, which voided the interlocutory injunction issued by a State High Court in Port Harcourt recently restraining Martins Amaewhule and his co- travellers from parading themselves as Speaker and members of the Rivers State House of Assembly, is merely a premature judgment
founded on the ground of misconception of the ‘ratio dicidendi’ and deliberate misinterpretation of the verdict.
Speaking with newsmen in Port Harcourt on verdict, Philip said the Appellate court was right in its reasoning that by virtue of Section 272 of the Nigerian Constitution which vests exclusive jurisdiction on the Federal High Court on matters pertaining to whether the seat of a member of a State House of Assembly has ceased or become vacant , a State High Court is squarely robbed of jurisdiction to entertain same matters.
The LG boss, however, dispelled rumours that the court reinstated Martins Amaewhule and his friends, noting that the substances of the matter was never brought to the appellate court, same having not been heard by the court.
” With the Appellate Court’s verdict, the matter would be relitigated at the Federal High Court, which is the court clothed with the requisite jurisdiction to entertain the matter.”
He said that Victor Oko-Jumbo still remain the legitimate Speaker of the Rivers State House of Assembly, and that in effect, the worst Martin Amaewhule and his friends can make out of the ruling, is hinge on it to continue to wallow in illegality which does not affect the legitimacy of Oko- Jumbo as Speaker.
” As a matter of fact, former Speaker, Edison Ehie, in line with due process of law, declared the seats of Martins Amaewhule and others vacant upon their defection from the People’s Democratic Party ( PDP) to the All Progressives Congress (APC), They on which platform they were elected, to another political party for no verifiable, cogent reason and till date no court have voided this stand.
” The Constitution is clear and unambiguous and needs no interpretation to the effect that upon their defection, the former Speaker, Amaewhule and his colleagues automatic ally lost their seats and the verdict of the Court of Appeal did not invalidate the action of Rt Hon. Edison Ehie declaring their seats vacant or void their exit from the PDP, as they have turned around to claim they never left the party.
Philip called on supporters of the FCT Minister not to deliberately colourate the position of the court as a window to cause crisis in the state as the seats of Martins tAmaewhule and others remain vacant until a court of competent jurisdiction declares otherwise, which is unlikely.
Engr. Gogo Philip as counsel law-abiding citizens of Rivers State to be calm, peaceful and not give in to the plot of those he called confused ex- lawmakers to ignite anarchy in the state to achieve their sinister aim of declaration of state of emergency.
He postulated further that it is unfortunate that both President Bola Ahmed Tinubu and other political stakeholders are just watching a plot that is capable of derailing and truncating our hard- earned democracy without showing or demonstrating any desire to call Nyesom Wike to order.
Philip said that the Rivers State Assembly Speaker are on the right path for taking the matter further to the Supreme Court even that the ruling of the Appeal Court did not reinstate Martins Amaewhule and his colleagues, stressing that, it is good to test the turbulent waters of legal mechanics to expand our jurisprudence.