A High Court in Port Harcourt, Rivers State, on Tuesday ordered the factional speaker of the Rivers House of Assembly, Edison Ehie, to preside over the activities of the state legislature until further the determination of the case brought before it.
Ehie is the speaker loyal to embattled Governor Siminalayi Fubara and has four lawmakers in his backing him.
The court also restrained Mr. Martin Amaewhule, the factional speaker loyal to the former governor of the state and current minister of the Federal Capital Territory, Chief Nyesom Wike, and other lawmakers loyal to him from entering the Assembly complex.
Justice M.W Danagogo, gave this order, Tuesday, in an Experte Motion, Suit No. PHC/3030/CS/2023 in which Rivers State House of Assembly is the 1st claimant and Rt. Hon. Edison Ehie, (Speaker, Rivers State House of Assembly, 2nd claimant and Rt. Hon. Martin Amaewhule, as 1st defendant while Rt. Hon. Dumle Maol, is the 2nd defendant.
In the process which was prepared by D.I Iboroma, a Senior Advocate of Nigeria, SAN, and others, Edison wants the court to order Amaewhule and others to stop entering the state assembly complex until the burnt hallowed chamber is fully renovated by the government.
Edison also wants the court to order that he lawfully takes over the speakership of the state assembly until the matter before its dispensed, praying that Amaewhule should be stopped from conducting himself as the speaker of the house.
However, the court in an Interim Order granted the requests of the applicant, urging Amaewhule and other to stop using the assembly premise following the directive of the governor, Sir Siminalayi Fubara, that the facility was under renovation.
The order threatened that the 2nd Claimant, Edison would pay the sum of N50,000,000.00 as damages if the application before the court turns out to be frivolous, but ordered the Claimants to serve the Interim Order, the Motion on Notice already filed, the Originating Process and other processes in this suit on the Defendants on or before the 13th day of December, 2023.
The court granted leave to the Claimants to serve all the processes by substituted means by publication in two National Newspapers or by posting at a conspicuous part of the last known address of the Defendants and adjourned till 21 December for motion on notice
The court order read, “An Order Of Interim Injunction restraining the Defendants and the 2nd Claimant/Applicant either acting by themselves or through their agents, servants, privies, assigns or any person(s) acting in whatsoever manner and howsoever called or described, from further use of armed thugs accompanied by police personnel in riot gear to gain access to the Rivers State House of Assembly complex at Moscow Road, Port Harcourt, Rivers State which was burnt, destroyed, damaged and rendered uninhabitable as a result of the fire that engulfed the Assembly Complex on the 2nd day of October, 2023, contrary to the order of the executive Governor of Rivers State relocating the sitting of the 1st Claimant to a secure and more conducive venue to ensure that the activities and meetings of the House are not disrupted during the period of the renovation of the burnt building, pending the determination of the motion on notice already filed.
“An Order Of Interim Injunction restraining the Defendants whether by themselves, their agents, servants, privies and representatives in whatsoever and howsoever manner from preventing, disrupting and interfering with the smooth and regular operation, management and administration of the 1 Claimant/Applicant pending the hearing and determination of the motion on notice already filed in this suit.
“An Order Of Interim Injunction restraining the Defendants whether by themselves, their agents, servants, privies and representatives in whatsoever and howsoever manner from preventing, disrupting and interfering with the exercise of the 2nd Claimant/Applicant’s statutory legislative duties of summoning and holding meetings, proceedings, issuing notices, passing resolutions, bills and performing other legislative functions of the 1st Claimant/Applicant pending the hearing and determination of the motion on notice already filed in this suit.”
