Courtroom Drama As Lawyers Battle Over Rivers Assembly Case

A scene took place on Thursday at the Abuja Division of the Court of Appeal as two senior lawyers faced off over a case seeking to remove 27 members of the Rivers State House of Assembly who are aligned with the Minister of the Federal Capital Territory, Mr. Nyesom Wike.

The situation arose after a special panel of the appellate court, set up to hear various matters related to the political crisis in Rivers State, called the appeals for hearing. The court had scheduled 11 appeals involving different parties for consideration.

Among the cases was an appeal filed by the Rivers State Government to stay the execution of a judgment that required Governor Siminalaye Fubara to re-present his 2024 budget proposal to the pro-Wike faction of the State Assembly, led by Hon. Martin Amaewhule. Another appeal, brought by the Action Peoples Party (APP), sought to declare the lawmakers’ seats vacant due to their alleged defection to the All Progressives Congress (APC).

Also on the docket was an appeal marked CA/1159/2024, submitted by the Peoples Democratic Party (PDP). However, when this case was called, two lawyers, Mr. B. F. Folurunsho and Mr. J. Y. Musa, separately announced their representation for the PDP.

Musa (SAN) informed the court that he had been directed by the party to withdraw the appeal, while Folurunsho countered, stating that the party had given no such instruction. In response, the three-member panel, led by Justice Onyekachi Otisi, noted that it had received a letter from the PDP stating that the appeal was unauthorized. The letter, signed by the party’s Acting National Chairman and Secretary, requested that the case be discontinued.

The court then questioned both lawyers about their respective mandates. Musa (SAN) maintained that he had been briefed by the leadership of Alhaji Umar Damagum, while Folurunsho asserted that he was assigned the case by the National Legal Adviser, who he argued had the authority to manage the party’s legal matters. Both lawyers confirmed receiving hearing notices for the appeals.

Due to the conflicting claims, the appellate panel instructed the lawyers to resolve the issue within the PDP and inform the court accordingly. “The issue of which counsel has been briefed should be clarified by the 29th Respondent (PDP) and the court notified. This is not an issue this court can delve into at this time,” Justice Otisi stated, adjourning some of the cases to January 23, 2025.

Mr. Goddy Uche, SAN, representing the Rivers State Government, informed the court that beyond the 11 listed cases, four additional appeals related to the state’s crisis had been filed. He requested an adjournment to consolidate the cases, a request the court granted, setting November 22 as the date for the next hearing.

Earlier in the session, which lasted over six hours, the court reserved judgment on five consolidated appeals concerning recent Local Government elections in the state. These appeals were submitted by the Rivers State Attorney General, the Social Democratic Party (SDP), and Boot Party, with two cross-appeals filed by the APC. The Independent National Electoral Commission (INEC) was named as a respondent.

Previously, Justice Peter Lifu of the Federal High Court in Abuja, in a September 30 ruling, barred INEC from providing the voters register to the Rivers State Independent Electoral Commission (RSIEC) for the October 5 local elections. The court also prohibited the Inspector General of Police and the Department of State Services from offering security for the elections. This decision stemmed from a suit filed by the APC.

Justice Lifu ruled that RSIEC failed to comply with relevant laws, including the requirement to publish a 90-day notice before conducting the elections. He further noted that the update and revision of the voters register should have been completed before setting a valid date for the polls.

The Rivers State Government, however, argued in its appeal that the Federal High Court in Abuja had overstepped its jurisdiction, contending that the matter of local elections was outside its scope.

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