The Rivers State Governor, Sim Fubara smiled yesterday when an Abuja High Court issued a new order on INEC over PDP’s application seeking the conduct of fresh elections for the seats of the 26 assembly members who recently defected to the APC.
Recall that Fubara and Wike had recently found a truce to end the political hostility in Rivers State and one of Fubara’s parts of the bargain was that the 26 defected lawmakers remained in the House as members of APC without further litigations or conduct of fresh elections.
Recall also that even though, Fubara withdrew his court petitions against the defected lawmakers, his party, the PDP had continued to seek a fresh election to fill their seats which they insist remain vacant – a development that has tied a rope on Gov. Fubara’s neck, being the leader of the party in the State.
The position of the Court yesterday, would have drew Fubara in a worse dilemma if it had okayed the request of PDP for INEC to conduct a fresh election.
However, the Federal High Court in Abuja yesterday extended the order that restrained the Independent National Electoral Commission (INEC) and the Rivers State House of Assembly from declaring 26 seats vacant.
The court had barred INEC from conducting an election to fill the seats of the 26 members, who defected to the All Progressives Congress (APC) from the Peoples Democratic Party (PDP).
Justice Donatus Okorowo of the Abuja High Court extended the order based on an application by the lawyer to the lawmakers, Steve Adehi (SAN) and Ken Njemanze (SAN), who represented the House of Assembly, did not oppose it.
The judge rejected the objection raised by the lawyer to the PDP, Adeyemi Ajibade (SAN), and upheld the argument by Adehi who agreed that the court, under Order 26, Rule 10 of the Federal High Court (Civil Procedure) Rules, had the discretionary power to grant such extension in the interest of justice.
Justice Okorowo held: “Application for the extension of the lifespan of the ex-parte order pending the hearing and determination of motion on notice is hereby granted.”
He adjourned until January 24 for a hearing of pending applications.
The judge had granted the earlier orders while ruling on December 15 on an ex-parte motion filed by the 27 lawmakers along with a substantive suit numbered FHC/ABJ/CS/1681/2023.
They are challenging the propriety of the threat by five members of the Rivers Assembly to declare their seats vacant and invite INEC to conduct a fresh election.
INEC, the PDP, Rivers State House of Assembly, the Clerk of the House, the Inspector General of Police (IGP) and the Department of State Services (DSS) are the defendants.
Adehi told the court that he had a motion on notice which is for hearing.
He noted that given the withdrawal of Lukman Fagbemi (SAN) (for the House of Assembly) and a new lawyer replacing him, it may be impossible for the court to proceed.
He sought an adjournment to also allow him to reply to what the PDP and other defendants filed and served on him.
Adehi said: “In any case, I ask that the matter be further adjourned to enable us to serve the third and fourth defendants (the Assembly and its Clerk) and to also enable us to reply on points of law to the process served on us by the counsel to the second defendant.”
Njemanze, who replaced Fagbemi, said had the instruction of the third defendant to handle the case on its behalf and that he had filed a memorandum of appearance.
He said he was not yet served with what the PDP filed to enable him, adding that he also planned to respond to what the plaintiffs filed.
Njemanze said: “Without prejudice to the political solution brokered by Mr President, I need to get my client’s reaction to this and then report back to this honourable court.“In the circumstance, we pray for an adjournment to enable me to file my processes.”
Ajibade (for the PDP) who is also the party’s National Legal Adviser, said he filed an application challenging the competence of the suit and the court’s jurisdiction to hear it.
The PDP lawyer noted that the plaintiffs have responded to the preliminary objection he filed, but were yet to respond to his second application – a motion seeking the court’s order to discharge the interim order.
He agreed with the application for adjournment by Adehi and Njemanze in view of Fagbemi’s withdrawal from the suit.
Ajibade said the adjournment would also enable him to sort out their processes which had earlier been served on Fagbemi.
Lawyer to the fourth defendant (clerk of the assembly) Ferdinand Orbih (SAN) said his client was not yet served with all that had been filed so far in the case.
Orbih said he was not opposed to an adjournment, but would consult with his client to know further steps to take.
PDP insists seats remain vacant
Also yesterday, the PDP insisted that the 26 Rivers lawmakers who dumped the party for the APC had lost their seats.
Ajibade told the News Agency of Nigeria (NAN) that though President Bola Tinubu had intervened in the dispute between Governor Siminalayi Fubara and the FCT Minister, Nyesom Wike, the party’s position had not changed.
He said: “PDP as a party is standing by the constitution. “It is not about issues of an agreement because we all swore to uphold the constitution.
“The governor himself swore to uphold the constitution, likewise the president.
“I am not against the president calling for the resolution of the matter. He is the chief security officer of this country and he has every right to intervene in the issue.
“But, we, as a political party, the PDP, own those seats and are interested in those seats.
“Whatever the governor is doing in this matter, no resolution has been brought to Wadata Plaza.
“As a political party, we cannot leave the seats and the votes willingly given to the party by the people of Rivers.”
1 Comment
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