Legal Showdown: Rivers Commissioners, RSIEC Challenge Assembly Authority

A complex web of legal challenges has unfolded in Rivers State as Governor Siminalayi Fubara’s appointed commissioners and the Rivers State Independent Electoral Commission (RSIEC) have taken the Martin Amaewhule-led State House of Assembly to court, contesting the legislature’s authority.

The 19 commissioners, whose appointments were ratified by four pro-Fubara lawmakers, are seeking a court order to prevent the Assembly from declaring their appointments illegal. This move comes after the Supreme Court affirmed Amaewhule as the rightful Speaker, dismissing Governor Fubara’s cross-appeal.

Simultaneously, RSIEC Chairman Justice Adolphus Enebeli (rtd) and his commissioners have also filed a suit challenging the Assembly’s right to summon them for questioning. This follows the Assembly’s 48-hour ultimatum, later extended by 72 hours, for Enebeli to explain the circumstances surrounding the nullified October 2024 local government elections.

The commissioners, in their suit filed at the State High Court, are seeking an interlocutory injunction to restrain the Assembly from enforcing resolutions passed on March 5th regarding their appointments and from interfering with their duties. They are also requesting the court to maintain the status quo pending the hearing of the motion on notice.

Similarly, RSIEC and its commissioners are seeking an injunction to prevent the Assembly from enforcing their summons and from interfering with their duties. They are also requesting the court to maintain the status quo.

Justice Frank Onyiri granted both groups leave to serve the defendants through substituted means and adjourned both cases to April 17th for the hearing of the motions on notice.

The Assembly, during its plenary, reiterated its demand for Enebeli and his commissioners to appear before them with relevant documents, particularly regarding the funding of the nullified elections and the planned fresh elections. They have threatened to invoke Section 129 (1) (d) of the Constitution if the officials fail to comply by Monday, March 10th.

Speaker Amaewhule also addressed Governor Fubara’s refusal to present the 2025 Appropriation Bill and submit commissioner nominees, stating that the House will address these issues “at the appropriate time.”

It has been reported that the assembly only received information about the restraining orders after close of business on friday. They are expected to announce their next line of action on monday.