Saturday, June 15, 2024

Rivers State Assembly Crisis: Court of Appeal's Decision Interpreted Differently by Fubara and Wike Camps


The Court of Appeal's ruling on Friday, which maintained the "status quo" on two motions filed by Martin Amaewhule-led Rivers lawmakers, has sparked varied interpretations from supporters of Governor Siminalayi Fubara and his predecessor Nyesom Wike, both claiming the ruling favors their side.

Following the ruling, both camps took to social media to assert their respective victories. Pro-Wike supporters argue that the ruling confirms Amaewhule as the legitimate Speaker of the Rivers House of Assembly. In contrast, Fubara's loyalists contend that the judgment recognizes Oko Jumbo, who leads a three-man Assembly with whom the Governor collaborates.

The state government, through a statement by Commissioner for Information and Communications Joseph Johnson, aligned with the latter interpretation. The statement acknowledged the Court of Appeal's ruling on the two motions in case No. CA/PH/198/2024, which challenge the Rivers State High Court's injunction restraining Amaewhule and others from acting as lawmakers.

The government clarified that the Court granted the appellants' requests for leave to compile and transmit records of appeal, deeming the appellants' brief of argument as filed, allowing for accelerated hearing, and staying further proceedings at the High Court. However, the Court did not set aside the actions of Rt. Hon. Victor Oko-Jumbo, upholding the presumption of correctness of a court order. It determined that doing so would equate to resolving the appeal prematurely, thus ordering the status quo to be maintained pending the appeal hearing.

Johnson emphasized that the Court refused the second motion, which sought to set aside the interlocutory injunction order by Justice C.N. Wali issued on May 29, 2024, reiterating that the "present" status quo should be maintained. The case has been adjourned to June 20, 2024, for the appeal hearing, with respondents required to file their briefs within 72 hours of being served.

The Commissioner urged the public to disregard misrepresentations of the Court's ruling circulating in various media.

Conversely, Oraye St Franklyn, a lawyer and supporter of Nyesom Wike, interpreted "status quo" as the position of things before the crisis, citing legal precedents to support his claim. According to St Franklyn, this means Amaewhule and his colleagues, being the defendants in the lower court, should maintain their positions as they were before the dispute, asserting that Amaewhule was the Speaker at that time.

St Franklyn argued that Oko Jumbo should not present himself as Speaker, as doing so would constitute contempt of court. He further claimed that the withholding of salaries of the Rivers State House of Assembly members should cease immediately under the status quo ruling, warning of contempt for non-compliance.

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