The Action Peoples Party (APP) has vowed to appeal the judgment of the Federal High Court in Abuja, that nullified its case against the 27 members of the Rivers State House of Assembly.
The court, presided over by Justice Peter Lifu on Friday delivered a judgment on APP suit that prayed it to mandate the Independent National Electoral Commission (INEC) to conduct a by-election to fill the vacant elective positions in the Rivers State House of Assembly.
But Rivers Legal Adviser of APP, Henry Ekine, said the judge did not consider the merit of the case explaining that the APP never requested the removal or sacking of the Speaker, Martin Amaewhule and 26 others from the State House of Assembly.
He argued that the party relied on the provisions of the 1999 Constitution of the Federal Republic of Nigeria, to request the court to ensure that no vacuum was allowed to exist in line with existing law.
Ekine said the APP has started reviewing the judgment and would take further necessary action soon.
He said: “What we want you to know here is to tell the public: our esteemed members and the general public, that nothing substantial has changed. All of the decisions that have come out from the various high courts; courts of coordinate jurisdiction, I think will be settled when we get to the Supreme Court.
“What is fundamental is that the judgment of Justice Peter Lifu of the Federal High Court, Abuja is not final, and then, it has not changed substantially the position of the Rivers State House of Assembly with respect to its leadership as far as APP is concerned.
“That is why we went to court. We feel strongly, up until now, that there are vacant positions in the Rivers House of Assembly, and those positions need to be filled. To our knowledge, they are three members that are left. The Speaker, in that regard, is the person of Rt Hon Victor Oko-Jumbo. This is what the public needs have.”
Ekine claimed that the judgment by Justice Lifu alluded that the matter was a pre-election concern, filed beyond the statutory timeframe of 14 days as mandated by Nigerian law, citing judgments.
Ekine noted that even the judgment of Justice Omotosho, including the Interlocutory Order by Justice Okoroewo, were directly connected to the reasons why APP went to court.
He insisted that it was the duty of everybody, including all judicial officers, and the President of Nigeria to protect the nation’s Constitution and its provisions.
He claimed that Justice Lifu’s judgment had not changed anything as far the leadership of Rivers State House of Assembly under Victor Oko-Jumbo was concerned
He insisted that INEC must conduct election to fill the vacant seats following the alleged defection of Amaewhule and others on December 11, 2023.
But the National Youth Council of Nigeria (NYCN), Rivers Chapter, led by Chimenem Worlu, congratulated Amaewhule and 26 others on their victory at the Federal High Court.
Worlu said: “This judgment brings an end to the long-standing legal battle, upholding the rule of law and judicial independence. As Rivers State youths, we solidly support the authentic Speaker,Chike Amaewhule through thick and thin.
“We also commend our Grand Patron, Minister of the Federal Capital Territory (FCT), Abuja, Nyesom Ezenwo Wike, for standing firm for justice and supporting the House of Assembly against the Governor’s attempts to remove them.
“Together, we’ll continue to advocate for democracy, ensuring the legislature functions effectively for the people of Rivers State. The youth demand governance, not political turmoil.
Thank you, Federal High Court, for ending this prolonged battle and restoring focus on governance”.
