Appeal Court upcoming verdict and consequences on Fubara-Wike power tussle

The oil-rich Rivers State is bracing for a court verdict that may serve as a tie-breaker in the political debacle between Governor Siminalayi Fubara and his predecessor, Nyesom Wike.

In a third of its one year in office, the 10th Rivers State House of Assembly has not known peace as the power tussle between Messrs Fubara and Wike has battered the state legislature, splitting lawmakers into two factions.

The hallowed chamber has become the hotbed of revolts and dissension between the minority Fubara-backed three-member assembly and the majority 27 pro-Wike lawmakers.

Victor Oko-Jumbo, the second Fubara-backed Rivers assembly speaker, had, shortly after his emergence, secured a court order restraining Mr Wike’s allies from parading themselves as members of the assembly.

The Rivers State High Court also invalidated all the resolutions made by pro-Wike lawmakers from last December when their seats were declared vacant after they defected to the All Progressives Congress.

The pro-Wike lawmakers filed an appeal but the appellate court, in its first ruling, declined to vacate the trial court’s order and ordered parties to maintain the “present status quo” pending the determination of the appeal.

The appellate court, in its second hearing on the matter last Friday, reserved judgment on the matter to a later date to be communicated to parties.

The crisis last week snowballed to street violence among supporters of Governor Fubara and those of Mr Wike, leading to the death of two persons, including a police officer, prompting the police to take over all the 23 local government secretariats in the state.

Amidst the anticipation of the verdict, PREMIUM TIMES takes a look at the fundamental issues in the appeal and the possible consequences for either party in the appeal.

In an interview with PREMIUM TIMES on Sunday, a Senior Advocate of Nigeria, Uwemedimo Nwoko, said he wants the appellate court to make its decision very clear to avoid “speculations and conjectures in the matter.”

“I believe the effect of the judgement will depend on what the court says. If the (appellate) court says it agrees with the trial court, automatically, that will stand. The (appellate) court can agree with the trial court completely, partially and can disagree completely and partially.”

While functioning as assembly members, the pro-Wike lawmakers passed several laws by overriding Governor Fubara’s veto. In one of the bills, the lawmakers amended the Local Government Administration Law, stripped Governor Fubara of the power to appoint caretaker committees for local government council, and extended the tenure of the elected council officials by six months.

Reacting to whether vacating the trial court order will revalidate the local government administration law done by the pro-Wike lawmakers, Mr Nwoko, a former attorney general in Akwa Ibom State, said Rivers State had gone beyond that level.

“That would appear to be the case, but as we are talking now, we have gone beyond that point. The governor has inaugurated caretaker committees at the expiration of the tenure of the last local government administration. Having done that, anybody that wants to challenge him will go to court.

“But even if the Court of Appeal makes the pronouncement, Rivers State Government, if it’s dissatisfied with such a judgment, has the right to appeal to Supreme Court and ask for a stay of execution of whatever order the appellate court had made and the situation would remain so until parties return from the Supreme Court,” Mr Nwoko said.

In a separate interview with PREMIUM TIMES on Sunday, human rights lawyer Inibehe Effiong, responding to the same concern, said the issue of tenure extension for council officials is not before the appellate court for consideration.

When asked if vacating the order would result in two parallel assemblies for the state – the pro-Wike and the Fubara-backed three-member assembly, Mr Effiong said, “It depends on what the court would say.”

Mr Effiong backed Mr Nwoko’s submission that the court should clarify the issue and bring some stability to its decision.

“I do not expect a parallel assembly in Rivers State,” he said.

On the importance of the anticipated verdict, Mr Effiong said the appeal would go either way but either side that is not satisfied with the appellate court verdict can approach the Supreme Court.

“The position of the side that is favoured would stand until the Supreme Court decides otherwise,” Mr Effiong stressed.

Speaking on the taking over of council secretariats by the police, Mr Nwoko described the action as “totally unlawful” and accused the Inspector-General of Police of taking sides in the matter.

“The Inspector-General of Police is directly undermining the constitutional authority of the governor to run Rivers State. It is a direct sabotage. In normal circumstances, he should be asked to resign. He has no business and has no moral right to remain in office right now.

“I actually expect the attorney-general of Rivers State to be more proactive. He needs to know that he is a wartime attorney-general and not in normal circumstances,” Mr Nwoko said.

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At the moment, Governor Fubara has the upper hand having inaugurated his loyalists as caretaker committees across the 23 local councils. His three-member assembly is also in charge of the legislature.

The vacation of the high court’s order may have far-reaching consequences for the governor. However, analysts say Mr Fubara can appeal for a stay of execution at the Supreme Court if he is dissatisfied with the appellate court’s ruling.