By Kayode Sanni-Arewa

A Federal High Court in Port Harcourt has dismissed a case brought by lawmakers loyal to Rivers State Governor Siminalayi Fubara, challenging the positions of 27 State House of Assembly members that defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

The ruling was delivered by Justice Emmanuel Obile, who explained that the lawmakers, led by Speaker Martins Amaewhule, remain valid members of the House.

This follows an earlier Supreme Court decision in February that had also refused Governor Fubara’s push to remove the defected lawmakers.

Governor Fubara’s legal team, headed by Yusuf Ali, had already withdrawn the appeal at the Supreme Court, stating that new developments had overtaken the matter.

The Rivers Assembly, represented by Wole Olanipekun, did not oppose this withdrawal.

The case at the Federal High Court was filed by three pro-Fubara lawmakers — Victor Oko-Jumbo, Adolphus Orubienimigha, and Sokari Goodboy Sokari — who asked the court to declare the seats of the 27 lawmakers vacant since they left the PDP, the party under which they were elected.

But the court ruled that their defection did not break any constitutional rule that would force them out of office.

“This court cannot close its eyes to the binding precedent of the Supreme Court, which in February recognised the leadership of the Rivers State House of Assembly under Speaker Martins Amaewhule. That decision, being from the apex court, is final and conclusive,” Justice Obile ruled.

Speaker Martins Amaewhule reacted positively to the judgment, saying it confirmed their right to stay in the Assembly.

Meanwhile, Governor Fubara’s supporters were disappointed by the decision.

This ruling marks another chapter in the political struggle between Governor Fubara and the pro-Wike faction of the Assembly, a conflict that has been ongoing since the December 2023 defections.

For now, the pro-Wike lawmakers have secured some breathing room, even as tensions continue between both camps.

…says we can’t standby watch state agencies abuse their powers

The Minority Caucus of the House of Representatives has condemned in the strongest terms the arrest and continued detention of social campaigner and activist, Martins Otse, popularly known as Very Dark Man (VDM), by the Economic and Financial Crimes Commission (EFCC).

In a statement jointly signed by the HoR caucus leaders, Rep Kingsley Chinda, Leader, Rt. Hon. Dr. Ali. Isa J.C Minority Whip, Rt. Hon. Aliyu Madaki., Deputy Minority Leader,,Rt. Hon. George Ozodinobi
Deputy Minority Whip, the opposition leaders declared that:

“The disturbing trend of security and law enforcement agencies deploying their powers arbitrarily against citizens exercising their rights to free expression poses grave threats to our democracy.

“We must state clearly that such acts, cloaked in the guise of enforcement, erode public confidence in the rule of law and undermine the principles of accountability and transparency.

The caucus insisted that: “The arrest of Mr. Otse which reportedly took place without the issuance of a warrant is a direct violation of the 1999 Constitution of the Federal Republic of Nigeria (as amended) that guarantees the liberty of the citizen except in accordance with the due process of law. Sections 35(1) and 35(3) of the Constitution stipulate the conditions under which a person may be deprived of their liberty and require that any person arrested must be informed promptly of the reasons for their arrest and any charges against them.

“The EFCC, like every other agency of government, is bound by these constitutional provisions and must not act outside their bounds.

“Moreover, the continued detention of Mr. Otse beyond the constitutionally permissible period of 24 to 48 hours without being charged to court is not only an abuse of power, it is also a blatant affront to the principles of natural justice and fair hearing.

“The Constitution, under Section 35(4), provides that a person who is arrested or detained must be brought before a court of law within a reasonable time, which, in the case of an arrest without a warrant, shall not exceed two days.

“Any deviation from this is a breach of the citizen’s fundamental rights and a descent into lawlessness.

“As the voice of the opposition in the National Assembly, the Minority Caucus calls on the EFCC to immediately release Mr. Otse or charge him to court in accordance with the law.

“Arbitrary arrests and prolonged detentions of citizens for expressing dissenting or unpopular views must have no place in a democratic society.

“The preservation of liberty, due process, and respect for constitutional rights remain the bedrock of our republic. We will not stand idly by while state agencies abuse their powers to suppress voices that challenge the status quo in line with the laws.