A’Court reserves judgement on presidential peace accord

The Court of Appeal sitting in Port Harcourt has reserved judgement in a matter seeking a relief from the court compelling the Federal High Court to hear the matter on the interpretation of the presidential peace proclamation in Rivers Crisis, sending the matter to the Chief Judge for proper re-assignment. 

The matter was brought by the Rivers Elders and Leaders Forum led by foremost Niger Delta activist, Anab Sara-Igbe, against President Bola Tinubu, Governor Siminialayi Fubara and the embattled members of the Rivers State House of Assembly led by Martins Ahmewhule and 24 others loyal to the former Governor and currently the Federal Capital Territory (FCT) Minister, Nyesom Wike, after the lower court struck out the suit for lack of jurisdiction.  

After the adoption of briefs by the parties, the three-man panel of Justices, led by Justice Olumuyiwa Williams-Dawudu, reserved the judgement. Counsel to the Rivers State Elders and Leaders Forum, Abereton Wilcox, said that they are seeking a relief from the court compelling the Federal High Court to hear the matter proper. They, therefore, sent the matter to the Chief Judge for proper re-assignment. 

However, counsel to both Martins Ahmewhule and the state Assembly argued that the matter should be struck out.  Recall that the Rivers’ elders were earlier granted a relief of ex parte order to serve Ahmewhule and co. through substituted service after they continually evaded service. Sara-Igbe, who is leading the elders, is seeking, among other things, that the courts declare the seats and actions of Ahmewhule and 24 others, purported to be lawmakers of the Rivers State House of Assembly, vacant having defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). 

Speaking after the court session, Sarah-Igbe said: “If we succeed with this case, every other law debate becomes null and void, because we strongly believe that by Section 109 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, is clear that they are no longer members of the state Assembly.