The authority of the Martin Amaewhule-led Rivers State House of Assembly to reverse Governor Siminalayi Fubara’s appointment of 19 commissioners is now a subject of litigation at the State High Court.
The commissioners, whose appointments were cleared by four supporters of the governor in the assembly, are asking the court to restrain the lawmakers from declaring their appointments illegal.
The Supreme Court last week confirmed Amaewhule as the rightful Speaker of the assembly after dismissing the cross-appeal filed by Governor Fubara challenging the validity of the legislature led by Amaewhule.
Also now in court challenging the right of the assembly to summon them for questioning are the chairman of the State Independent Electoral Commission (RISIEC), Justice Adolphus Enebeli (rtd) and his commissioners.
Enebeli had been given a 48-hour ultimatum by the House of Assembly to appear before the lawmakers and explain the circumstances surrounding the conduct of the October 2024 Local Government Election that was nullified by the Supreme Court.
The assembly yesterday extended the ultimatum by 72 hours when the RISIEC commissioner did not show up.
The Governor Fubara commissioners, in their suit filed at the State High Court sitting in Port Harcourt, are seeking an order of interlocutory injunction to restrain Amaewhule and 26 others from taking further steps to enforce or act upon the entire resolutions passed on March 5 and from making further pronouncements in respect of their appointment as commissioners.
They are also praying for an order of interlocutory injunction restraining the lawmakers from interfering in any way whatsoever in the performance of their duties and responsibilities as commissioners in the executive council.
Besides, they want the court to issue an order directing the lawmakers to maintain the status quo ante bellium pending the hearing and determination of the motion on notice.
Plaintiffs in the case are: Commissioners for Works, Olisaeloka Tasie-Amadi; Education, Dr. Orluideye Chukwuma; Attorney-General, Dagogo Iboroma, SAN; Local Government, Charles Beke; Transport, Collins Onunwo; Power, Solomon Eke; Budget and Economic Planning, Prof. Peter Medee; Special Duty, Basoene Benibo; Environment, Tambari Sydney Gbara; Social Welfare and Rehabilitation, Illamu Arugu and Special Projects, Dr. Rowland Whyte.
The rest are commissioners for Special Duties, Samuel Anya; Water Resources, Samuel Eyiba; Employment Generation, Austin Nnadozie; Culture and Tourism, Israel Ngbuelu; Urban Development, Evans Bipi; Commerce and Industry, Otamiri Ngubo; Housing, Benibo Alabrara and Finance, Emmanuel Frank-Fubara.
Justice Frank Onyiri granted them leave to serve the defendants through substituted means and adjourned to April 17th for hearing of the motion on notice.
In the other suit, Justice Enebeli (rtd), Prof. Simeon Weli, Aaron Brown, Dr. Lazbery Nnah, Pastor Tamunotonye Tobins, Chinwe Ihua-Maduenyi, Nukabari Kponi-Vure, Ibierembo Thompson and RISIEC are praying for an order of interlocutory injunction restraining Amaewhule and others from taking further steps to enforce their invitation to appear before the assembly and stopping the legislative arm from making further pronouncements or resolutions requiring or commanding their appearance at the Rivers State House of Assembly at the risk of warrant of arrest upon failure to do so on March 3, 2025 or any other date pending the hearing and determination of the motion on notice.
Also being sought by the plaintiffs is an order of interlocutory injunction restraining the lawmakers from interfering in any manner whatsoever with the performance of their duties and responsibilities as chairman and commissioners in RISIEC pending the hearing and determination of the motion on notice.
The court, according to them, should issue an order directing the respondents to maintain the status quo ante bellium pending the hearing and determination of the motion on notice.
Justice Onyiri, upon receipt of the motion on notice granted the claimants leave to serve the defendants through substituted means.
The court said: “It is ordered that leave be and is hereby granted to the claimants/applicants to serve by substituted means of the originating and other processes in this suit on the 1st to 27th defendants by pasting same at the gate of Rivers State House of Assembly Quarters, opposite former NDDC Headquarters, off Aba Road, Port Harcourt, Rivers State.
The court adjourned the case to April 17th for hearing of the motion on notice.
The lawmakers during their plenary on Wednesday had asked Enebeli to appear in the company of RISIEC commissioners and with relevant documents.
Enebeli in particular, they insisted, must explain the sources of funding for the last election and where he intended to raise money to conduct the fresh election he scheduled for August 9, 2025.
However, the Assembly during its plenary yesterday resolved to extend the ultimatum by 72 hours.
It insisted that the invited persons must appear before it to explain their actions and inactions in the conduct of the 5th October, 2024 Local Government Elections in the State, expenditures and where they expected to generate money for the proposed election.
The House agreed on the resolution after House Leader, Major Jack, informed the House that the letters inviting the Chairman and Commissioners of the Commission and the ones calling the attention of Governor Fubara to present the 2025 Appropriation Bill, and his infractions on the Constitution were duly delivered and publicised.
He, however, regretted that neither the governor nor the chairman not his commissioners honoured the invitation.
In their various debates, members spoke glowingly of the integrity of Justice Enebeli, being a retired Judge of the Rivers State High Court, and urged the House to give him another opportunity to appear before the House.
In his comments, Speaker Amaewhule said the House had taken legislative notice of the refusal of Fubara to present the 2025 Appropriation Bill and to submit the list of his commissioner-nominees to the House.
The speaker said the House would address it squarely at the appropriate time.
The lawmakers voted in the affirmative, directing the Clerk of the House to again invite the chairman and commissioners of the Commission to appear before the lawmakers on Monday, 10th March, 2025.
The legislators said that the House would have no option but to invoke Section 129 (1) (d) of the Constitution should the Chairman and his Commissioners fail to appear before the House on Monday.
Following the leave of the Speaker, Jack presented to the House Certified True Copy of last week’s Judgment of the Supreme Court on the State political crisis.
The Nation gathered that information about the restraining orders granted against the Assembly reached it after the close of business yesterday.
Sources said the House would make its next line of action on the issues known by Monday.
