Amaewhule no longer the Speaker, cannot institute case on behalf of Rivers Assembly – Lawyer to Court
The Federal High Court in Abuja witnessed confusion on Wednesday as two separate counsels announced representation for the Rivers State House of Assembly in a case seeking to halt the state government’s expenditures. The suit, initiated by the Assembly led by Martin Amaewhule, aims to restrain Governor Siminalayi Fubara from accessing state funds until the 2024 appropriation law is re-presented.
Martin Amaewhule, Pro-Wike Rivers Assembly factional Speaker
The originating summons, dated July 14 and filed on July 15 by lead counsel Joseph Daudu, SAN, lists the Rivers State House of Assembly and Amaewhule as the first and second plaintiffs. They have sued several entities including the Central Bank of Nigeria (CBN), Zenith Bank Plc, Access Bank Plc, the Accountant-General of the Federation (AGF), Governor Fubara, and the Accountant-General of Rivers State as the first to sixth defendants.
Additional defendants include the Rivers Independent Electoral Commission (RSIEC), the Chief Judge of Rivers State, Justice S.C. Amadi, the Chairman of RSIEC, Justice Adolphus Enebeli (rtd.), and the Government of Rivers State.
The plaintiffs seek an interlocutory injunction to restrain the CBN, Zenith Bank, Access Bank, and the AGF from honoring any financial requests from Governor Fubara. This is aimed at freezing the revenue of Rivers State in the custody of these institutions. Justice Emeka Nwite had previously declined to grant an ex-parte motion by the plaintiffs for immediate suspension of the state’s expenditures. Instead, he ordered that all defendants be notified of the suit, scheduling a hearing for August 7.
Victor Oko-Jumbo, Rivers Assembly factional Speaker
However, during the hearing, a legal conflict arose when Sebastien Hon, SAN, announced his appearance for the first and second plaintiffs. Concurrently, Sammie Soniari, SAN, stood up, claiming to represent the Rivers State House of Assembly based on a notice of change of counsel filed on August 5. Soniari also represented Rt. Honorable Victor Oko Jumbo, who sought to be joined as a co-plaintiff, and filed a motion on August 6 to strike out the Assembly’s name from the originating summons.
Soniari argued that the originating summons was filed without authorization from the Assembly, and that Amaewhule no longer had the authority to act on behalf of the Assembly following his defection to the APC and the subsequent declaration of his legislative seat as vacant. Soniari contended that Jumbo, the incumbent Speaker, was the legitimate representative.
According to Daily Trust reports, Soniari said, “The 2nd plaintiff, who is no longer the Speaker of the House of Assembly, cannot institute an action in that capacity”.
Another lawyer, Collins Dike, announced his representation for Obio/Akor Local Government Council of Rivers, seeking to be joined as the 11th defendant. Sebastien Hon contested the change of counsel, citing the Supreme Court decision in Modu Sheriff Vs. PDP, which allows oral arguments without a counter affidavit. He maintained that his faction of the Assembly was legally recognized.
Governor Fubara’s counsel, Dagogo Iboroma, along with lawyers for the CBN and the Rivers State Government, argued that the representation issue must be resolved before proceeding. They emphasized the need to establish who legitimately brought the suit to court. Rivers State Government’s counsel, Isaac Ita, challenged the court’s jurisdiction, asserting that the matter should not be heard during vacation. However, Justice Nwite clarified that he was authorized by the Chief Judge to handle the case as a vacation judge.
Following a brief recess to consult with his legal team, Hon requested an adjournment to respond to the motions filed by Soniari and others. He also sought an abridgment of time for parties to file and respond to court processes. Justice Nwite adjourned the matter to August 30, directing all parties to submit their filings within seven days of receiving court documents.
