A High Court sitting in Port Harcourt, has upheld the position of Hon Benibo Anabraba as Minority Leader of the Rivers State House of Assembly.
In her ruling that lasted almost an hour, Justice C.D. Green, averred that the election of Anabraba, who represents Akuku-Toru Constituency 2, was in line with constitutional provisions as well as the Standing Orders of the Rivers State House of Assembly.
Green ruled that the administration of oath of office by the Speaker of the Assembly, Ikuinyi-Owaji Ibani on Anabrabra was proper and in order.
The judge emphasised that the action was in line with Order 10, Rule 1 of the Standing Orders of the House, adding that Anabraba cannot be removed from office except in the manner set out in the 1999 Constitution as amended and the Standing Orders of the House.
She also asked the defendants not to interfere with the functions of the minority leader, until such steps and actions as spelt out in the Constitution and the House’s Standing Orders have been fully executed.
Speaking with The Tide shortly after the ruling, counsel to Anabraba, Barrister Wori N. Wori, said he was not surprised that his client won in the case based of the House’s standing procedure of electing an officer from the minority party.
“The Standing Orders of the House did not draw any distinction as to who should elect an officer of the House, and the court cannot input what is not in the provision”, Wori argued.
However, counsel to the 1st defendant (All Progressives Congress), 2nd defendant (Davies Ikanya, APC chairman, Rivers State), and 3rd defendant (Hon Josiah Olu), Barrister Nemi Erema, expressed dissatisfaction at the ruling, noting that his clients would proceed on appeal.
“Well, the main issues are whether the majority party (PDP) can participate in the election of the leader of the minority party. The court has, in its own wisdom, looked at the provisions of the Rivers State House of Assembly Standing Order, but we are of a different view, and we maintain that in our constitutional democracy, wherein the majority party gets involved in electing the leader of the minority party is misplaced”, Erema explained.
“It is not the position of the majority party to choose who should be the leader of the minority party, so it is a case that should be tested at the appellate court”, counsel to the defendants argued.
He said the ruling, if not corrected, would negatively affect the pattern of proceedings at both the Senate and House of Representatives.
“So, it doesn’t matter which party is the minority now or the majority, it is something that the Court of Appeal or any other court should have another look at it”, he added.

Susan Serekara-Nwikhana