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Akinwande Soji-Ojo
The All Progressive Congress (APC) in Rivers State has threatened to report a judge in the state, Justice M.W Danagogo, to the National Judicial Commission (NJC) over the judgement recognising a faction of the House of Assembly loyal to Governor Siminalayi Funeral.
The APC Caretaker Chairman in Rivers State Chief Tony Okocha, made the disclosure in a statement made available to newsmen in Port Harcourt, the state capital, on Tuesday.
Okocha, who described the judgement as a procured one, said APC would ask NJC to sanction Danagogo if he does not reverse himself immediately.
Danagogo had while ruling on an ex parte motion filed by the factional Speaker of the lawmakers loyal to Fubara, Edison Ehie and his deputy, Dumle Maol, barred Martin Amaewhule faction of the lawmakers, who were loyal to the Minister of the Federal Capital Territory, Nyesom Wike, from going into the assembly complex until the burnt chamber is fully renovated by the state government.
He also ordered Ehie to preside over the activities of the legislative arm of the state pending the determination of the motion before it.
The judge, however, warned that Ehie would pay the sum of N50 million as damages if the application before the court turns out to be frivolous.
But Okocha rejected judgement, describing it as an abuse of court processes.
“We wish to intimate Nigerians of the resurfacing of procured judgement in Rivers State. Today Rivers State people woke up to hear that one Justice Danagogo of the Rivers State High Court granted with impunity an ex parte order to one Edison Ehie, recognising him as Speaker of Rivers State House of Assembly.
“Recall that the same Edison had approached a Federal High Court in Rivers State seeking to be declared as the Speaker of Rivers State House of Assembly in the case (and) argument has been taken and judgement reserved for January 2024.
“Surprisingly today on the same subject matter Justice Danagogo granted an ex parte order purporting to recognise this Edison as Speaker of the State House of Assembly. This is a fragrant abuse of court processes. It is an aberration for the judiciary to interfere in the law making process. As far as we are concerned it does not exist.
“The judge claimed that the case was filed by Edison on October 30, 2023 and assigned to him on November 1, 2023. For all this length of time if the subject matter required urgency, why did the judge wait till today December 12, 2023 to grant an ex parte.
“It is in the public glare that on Monday 27 members of the Rivers State House of Assembly who were elected under the PDP platform crossed over to the APC, citing irreconcilable crisis in the PDP, a move supported by section 109, 1 sub-G of the Constitution of Nigeria.”
Continuing, Okocha said: “The defectors were received by APC Rivers yesterday. It is because of the palpable fear of that defection that brought about the procured order by Justice Danagogo. The Judge has contravene the NJC order on frivolous ex parte orders and has sanctioned judges that defile the orders.
“The reason for the judgement is to allow the governor to present the budget to the Assembly. We in APC will not sit and watch judges issue ex parte orders in flagrant disobedience of NJC orders. We are in clear knowledge that the reason for this affront is to allow the governor to present the 2024 budget to the Assembly.
“Alas, can four members of the Rivers State House of Assembly sit in leadership over a 31-member House with the other 27 members who have defected to the APC?
“We use this medium to send notice in advance to the learned Judge that the APC Rivers will not sit and watch the procured ex parte order made in clear violation of known trite principles of law and flagrant disobedience to the NJC.”
He said APC would be “left with no option than to petition the NJC if the judge does not reverse himself immediately.”
“Finally, it is our counsel to the governor of Rivers State that he should refrain from any action that may escalate the political crisis orchestrated by his party, the PDP in Rivers State.
“We as a party, APC, with an overwhelming majority in the house will not tolerate intimidation, harassment and threatening of our members under whatsoever guise. We will not comply with the order because you cannot place something on nothing. We will not allow illegality to stand. It is procured and we will not allow it to happen,” the caretaker chairman added.