Rivers Commissioners, RSIEC sue Martins Amaewhule, 26 others over attempt to nullify their appointments
By Barth Ndubuwah, Port Harcourt
The Rivers State Commissioners and the Rivers State Independent Electoral Commission (RSIEC) have filed a lawsuit against Martins Amaewhule and 26 others over an alleged attempt to invalidate their appointments. The legal action, initiated at the Rivers State High Court, challenges moves by Amaewhule and his associates to nullify the appointments, arguing that such efforts are unconstitutional and pose a threat to governance in the state.
The commissioners, whose appointments were approved by the four-member House of Assembly believed to be loyal to Governor Siminalayi Fubara, have asked the court to restrain the Assembly from declaring their appointments illegal.
The attempt by the Martin Amaewhule-led Rivers State House of Assembly to nullify Governor Fubara’s appointment of 19 commissioners has now become a subject of litigation at the Rivers State High Court.
The legal battle follows a recent Supreme Court ruling that upheld Amaewhule as the legitimate Speaker of the Rivers State House of Assembly, dismissing a cross-appeal filed by Governor Fubara.
In their suit, the commissioners are seeking an interlocutory injunction to prevent Amaewhule and 26 others from enforcing resolutions passed on 5 March 2025, which declared their appointments null and void.
They are also asking the court to issue an order barring the Assembly from interfering in their duties as members of the State Executive Council.
Additionally, the Chairman of the Rivers State Independent Electoral Commission (RSIEC), Justice Adolphus Enebeli (rtd), and his commissioners have filed a separate lawsuit challenging the Assembly’s authority to summon them for questioning.
The Assembly had initially given Enebeli a 48-hour ultimatum to appear before it to explain the circumstances surrounding the nullified October 2024 local government election. However, following the RSIEC Chairman’s failure to honour the invitation, the deadline was extended by 72 hours.
In their suit, Justice Enebeli and his team are asking the court to restrain the Assembly from compelling them to appear before it, arguing that such a move would be unlawful.
Presiding over the matter, Justice Frank Onyiri granted leave for the claimants to serve the Assembly through substituted means and adjourned the hearing to 17 April 2025.
During its plenary session on Wednesday, the Rivers State House of Assembly reaffirmed its decision to summon Enebeli and his commissioners.
Lawmakers insisted that RSIEC officials must account for the sources of funding for the annulled local government election and provide details on the proposed expenditure for the fresh election scheduled for 9 August 2025.
House Leader Major Jack informed the Assembly that official letters had been sent to RSIEC officials and Governor Fubara, urging the governor to present the 2025 Appropriation Bill. However, neither the governor nor the RSIEC chairman honoured the invitation.
Speaker Martin Amaewhule reportedly stated that the Assembly has taken legislative notice of Governor Fubara’s refusal to present the 2025 budget and would take necessary action at the appropriate time.
The Assembly subsequently passed a resolution instructing the Clerk of the House to invite RSIEC officials once again to appear before the House on 10 March 2025.
Lawmakers warned that if the officials fail to comply, they would invoke Section 129 (1) (d) of the Constitution, which grants the Assembly the power to enforce attendance and demand accountability from public officers.
Meanwhile, the Rivers State Police Command has vowed to clamp down on any threat to national security amid rising tensions.
This follows reported threats by militant groups allegedly planning attacks on oil installations should Governor Fubara be impeached and the Federal Government proceed with the seizure of the state’s allocation, in line with the recent Supreme Court ruling.
Commissioner of Police, Olugbenga Adepoju, warned against any acts of violence, stating that security agencies are fully prepared to maintain order.
“We are ready for anything that comes. All eyes are on Rivers State now, and we will not allow anyone to heat up the polity,” Adepoju said.
In the meantime, Governor Fubara has invited the warring lawmakers to a meeting at Government House on 10 March 2025 to discuss the ongoing political crisis.
A letter of invitation signed by the Secretary to the State Government (SSG), Dr Tammy Danagogo, sighted by Our Correspondent, indicates that the meeting will address key issues, including the lawmakers’ designated sitting venue, the representation of the 2025 Appropriation Bill, and the settlement of accumulated allowances owed to the legislators, among other matters.
