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Nyeche Fails To Stop Trial

A member of All Progressives Congress (APC) elected to represent Port Harcourt Constituency 11 in the Rivers State House of Assembly; Hon Victoria Wobo Nyeche has lost her bid to stop the court from hearing a case of impersonation brought against her by Mr. Livingstone Nweche, a member of Integrity Group before a State High Court, which had earlier stalled her swearing in as a member of the House through an ex-parte order.
The court presided over by Justice Adolphus Enebeli yesterday in Port Harcourt, while ruling on the application brought by the 1st defendant in the matter, Hon. Victoria Wobo Nyeche challenging the jurisdiction of the Court to hear the matter as well as the legal right of the claimant, Livingstone Nweche to institute the matter, said that the claimant has the locus standi to institute the matter against the defendant.
Justice Enebeli also ruled that the court had the jurisdiction to hear the matter as it bordered on the application of the Constitution.
According to him, the claimant has the legal right to be heard as a Nigerian, Rivers man who hails from the same Local Government Area with the defendant, adding that shutting the doors of the court on the claimant was to deprive and deny him justice.
He averred that the claimant must not approach the court on the matter only when he stands to suffer any injury on the matter but also has the right to be heard on the expression of his freedom of speech as stated in the country’s Constitution.
“Section 94 and 24 (a) of the 1999 Constitution as amended provides that a member of the State House of Assembly in order to be admitted to his/her office or duty must first before performing the function, take oath of office and of allegiance before the Speaker of the State House of Assembly”.
The Trial Judge disclosed that the matter before the court was not a criminal but a civil matter which bordered on the application of the 1999 Constitution as amended with regards to provisions of Sections 94 and 24 (a) respectively, adding that the ruling at the preliminary determines whether the claimant has the right to institute the case and not whether the defendant had contravened the various sections.
It would be recalled that the claimant, Mr. Livingstone Nweche had on May 14, 2016 approached a State High Court seeking for an interlocutory injunction to restrain the Speaker, Clerk of the State legislature from administering oath of office and membership allegiance on the defendant, Hon. Victoria Nyeche as a member of the House on the allegations that she purportedly wrote a letter to the Chief Justice of Nigeria (CJN) with a letter head of the State House of Assembly when she had not taken her oath of office and allegiance, describing such act as flagrant contravention to Section 94 and 24 (a) of the 1999 Constitution as amended.
However, the defendant in her application for the dismissal of the suit through her Counsel, Aham Ekejelam (SAN) urged the court to dismiss the suit based on the ground that the claimant lack the locus Standi to file the suit as he was not the Speaker, the Clerk of the House or did he contested any election with the defendant even as he submitted that the Claimant would not suffer any injury on the alleged actions of the defender.
The defense Counsel also averred that the court lack the jurisdiction to hear the matter on the grounds that the claimant was a stranger and a busy body in the matter.
Speaking to journalists after the ruling, defense Counsel in the matter, Aham Ekejelam (SAN) said that they will study the ruling and brief their client wheather to appeal or not.
He however, decried that the interlocutory order made by the court which has not been vacated has forstall the swearing-in of their client, adding that such order was wrong as it negates the Appeal Court tribunal that ordered that his client be sworn in immediately.
Also speaking, Counsel to Mr. Living Stone Nweche, the claimant in the matter, Mr. Kingseley Chukwu lauded the ruling and described as satisfactory ruling by the trial judge.
The State government and the State House of Assembly were all claimants in the matter and was represented by Emmanuel C. Aguma (SAN) and Zachius Adangor Esq.
Akujobi Amadi/Christiana Edem
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