RVHA Vs PDP: Court Accepts Jurisdiction …Hears Case July 2

A Port Harcourt High Court presided over by Justice Sika H. Aprioku on Wednesday ruled that it has jurisdiction to entertain a suit brought before it by 27 lawmakers of the Rivers State House of Assembly (RSHA), challenging their suspension by the state chapter of the Peoples Democratic Party (PDP).

The lawmakers had approached the court to obtain a preliminary injunction to restrain the party from suspending them. While the process was on-going in court, the party announced their suspension, on the excuse that they failed to recall the officials of the Obio/Akpor Local Government Council who the House suspended.

In his ruling, Justice Aprioku cited cases to buttress the fact that the court has jurisdiction to entertain the suit, saying that the court was guided by the Nigerian Constitution, which supersedes all other constitutions in the country.

He noted that as much as the PDP has the right to carry out its duties regarding the discipline of members, it has to be to the extent that it does not interfere with the provisions of the 1999 Constitution of the Federal Republic of Nigeria, which provision is supreme.

He, therefore, fixed July 12, 2013 for hearing of the substantive suit.

Mr. Ken Njemanze (SAN), M.S. Agbor, and D.C. Nwingwe (SAN), counsels to the 1st, 2nd and 3rd Applicant/Defendants – PDP, Felix Obuah, chairman of the state PDP, and Ibibia Walter Opuene, chairman and publicity secretary of the Party, respectively had filed a motion challenging the jurisdiction of the court to entertain the matter, arguing that the matter before the judge was an internal affairs of the PDP.

They also challenged the validity of the writ of summons, which they said did not follow due process of court.

In their response, counsels to the Claimants/Defendants, led by Beluolisa Nwofor (SAN), argued that when the lawmakers suspended the chairman and councilors of Obio/Akpor Council, they only carried out a legislative duty assigned to them by the constitution of the Federal Republic of Nigeria, which established the House of Assembly.

They also argued that the writ of summons was filed on time, but that it was the duty of the chief registrar of the court to assign the matter, insisting that if the chief registrar of the court failed to issue the writ within time, it does not amount to a fault on the writ itself.

Reacting to the ruling, one of the counsels to the Defendants/Applicants, Mr. Ken Njemanze (SAN), said they would examine the ruling to see if they would go for an appeal or continue in the hearing of the substantive suit.

Also reacting, lead counsel to the lawmakers, Mr Beluolisa Nwafor (SAN), hailed the ruling, describing it as the first of its kind in Nigeria, adding that it will help revolutionalise the judicial system in Nigeria.

On his part, Leader of the House, Hon Chidi Lloyd expressed joy, saying that the ruling is proof that “the Judiciary is the last hope for the common man”.