The Central Governing Council of Rivers Defense Alliance (RDA) has cautioned courts not to allow itself to be used to undermine the stability of the country.
The group gave the warning in a statement in Port Harcourt while reacting to a leaked draft of an alleged judgment in favour of the impeachment of Governor Fubara by a Federa High Court in Abuja.
The statement reads, ”The Central Governing Council of Rivers Defense Alliance (RDA) has uncovered a plot by the former 27 lawmakers of Rivers State House of Assembly loyal to FCT Minister, Chief Nyesom Wike to use a federal high court in Abuja to halt the conduct of by-elections in the vacant offices.
”In a leaked draft of an alleged already written court order in circulation online, the embattled 27 former lawmakers have concluded plan with one Justice Donatus Okorowo of the Federal High Court, Abuja, on an exparte application secretly filled in the night, which the Judge wants to deliver tomorrow Monday 18th December 2023, where he wants to stop the declaration of their seat vacant (an action that have been done) and also give them the legitimacy to move in with DSS and police to start the illegal impeachment of Gov. Sim Fubara of Rivers State.
”The plan is to secure the Justice Okorowo ruling which is already written, deliver it tomorrow and serve Gov. Fubara impeachment notice on Tuesday. The Judge already know that there is an existing High court ruling from Rivers State which barred the former lawmakers from parading themselves and also recognized Rt. Hon. Edison Ehie as the new Speaker. Instead of directing them to appeal it, he wants to give the pro-Wike lawmakers a midnight injunction to enable them embark on the next stage of their madness which will lead to serious crisis in rivers State.
”The Central Governing Council of Rivers Defense Alliance (RDA) wish to use the medium to call on the lower courts not to allow itself to be used to undermine the stability of the country by rejecting the overtures from the 27 defected lawmakers in the Rivers State House of Assembly.
”The position of the Supreme Court is clear about defection from one political party to another. ‘Section 109. (1) (g) of the Nigeria constitution clearly states that ‘A member of a House of Assembly shall vacate his seat in the House if being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected.’ In Abegunde vs LP, the Supreme Courts ruled that Abegunde who decamped from the LP to the defunct Action Congress of Nigeria, ACN, as unfit to remain at the legislative house. It held that the lawmaker acted illegally by abandoning the party that sponsored his election. It maintained that the lawmaker’s defection to another party would have been justified if there was a division in the national structures of the LP, such that is capable of hampering the smooth operation of the party.
”If the former lawmaker feels their rights was infringed by the action of the Rivers state House of Assembly, it is within their constitutional right to approach the courts legitimately for an interpretation of the constitution.
”The Central Governing Council of Rivers Defense Alliance (RDA) once wish to draw the attention of the Chief Justice of Nigeria and the NJC to the ongoing alleaged judicial rascality of Justice Donatus Okorowo.
”We warn that any crisis and break down of law and order in Rivers State as a result of any illegal order or rulling, Justice Okorowo should be held responsible”.
