Rivers Crisis escalates as Gov Fubara’s commissioners, sue House of Assembly members

Rivers Crisis escalates as Gov Fubara’s commissioners, sue House of Assembly members

There is now ongoing litigation in the State High Court regarding the legal jurisdiction of the Martin Amaewhule-led Rivers State House of Assembly to overturn the nominations of 19 commissioners made by Governor Siminalayi Fubara.

The commissioners have filed a lawsuit seeking an injunction to stop the Assembly from declaring their nominations unlawful, despite the fact that four members who support the governor affirmed their positions.

Additionally, they are asking the court to prevent the Assembly from interfering with their commissionerial obligations.

This legal battle comes on the heels of a recent Supreme Court ruling that affirmed Amaewhule as the legitimate Speaker of the Assembly. The Court dismissed Governor Fubara’s appeal challenging the validity of the legislature under Amaewhule’s leadership, further intensifying the political standoff.

In a separate case, Justice Adolphus Enebeli (rtd), Chairman of the Rivers State Independent Electoral Commission (RISIEC), and his commissioners are also in court.

They are challenging the Assembly’s authority to summon them for questioning regarding the controversial October 2024 Local Government Election, which was annulled by the Supreme Court.

The Assembly had issued a 48-hour ultimatum for Enebeli and his team to appear before lawmakers to explain the circumstances surrounding the flawed election. When they failed to comply, the Assembly extended the deadline by an additional 72 hours.

Meanwhile, the commissioners, including figures such as Olisaeloka Tasie-Amadi (Works), Dr. Orluideye Chukwuma (Education), and Prof. Peter Medee (Budget and Economic Planning), have sought an interlocutory injunction at the State High Court to prevent the Assembly from acting on its resolutions made on March 5.

They are requesting the court to maintain the status quo until the case is fully heard and determined.

The court, led by Justice Frank Onyiri, has granted the commissioners leave to serve the defendants via substituted means. The case has been adjourned to April 17th for a hearing on the motion.

In the ongoing RISIEC case, Justice Enebeli and his colleagues have requested the court to block the Assembly from enforcing its summons, which could lead to an arrest warrant if they fail to appear before the House on March 3, 2025.

The plaintiffs are also seeking an order to prevent any interference with their duties as commissioners.

The court granted them permission to serve the defendants through substituted means, including pasting the court documents at the entrance of the Rivers State House of Assembly. The case will also be heard on April 17th.

Meanwhile, the Assembly has been actively pursuing accountability, demanding Enebeli’s appearance to explain the funding sources for the October 2024 election and the plans for the upcoming election in 2025.

The Assembly’s leadership has expressed frustration over the lack of cooperation from Enebeli and Governor Fubara, particularly regarding the governor’s failure to present the 2025 Appropriation Bill to the legislature.

In response, Speaker Amaewhule stated that the Assembly would address the governor’s constitutional violations at an appropriate time. He noted that if the RISIEC Chairman and his commissioners continue to ignore the Assembly’s summons, they would invoke Section 129(1)(d) of the Constitution, which could lead to legal consequences.

As tensions rise, the Assembly has announced it will once again summon the RISIEC Chairman and commissioners to appear before the lawmakers on March 10, 2025, to answer for their actions. Failure to comply will result in further legal action.