ABUJA: Trouble erupted during the hearing of appeals related to the political crisis in Rivers State, as the special panel constituted by the appellate court to handle these matters became embroiled in a dispute over conflicting legal representations.
The court had scheduled 11 appeals involving various parties in the state for hearing, including key cases such as the Rivers State Government’s appeal to stay the execution of a judgment that required Governor Siminalaye Fubara to re-present his 2024 budget to the pro-Wike faction of the State Assembly, led by Hon. Martin Amaewhule.
Another high-profile appeal was filed by the Action Peoples Party (APP), seeking to declare the seats of lawmakers vacant over their alleged defection to the All Progressives Congress (APC).
Also on the docket was an appeal (marked CA/1159/2024) filed by the People’s Democratic Party (PDP).
When the case was called up, however, two lawyers—Mr. B.F. Folurunsho and Mr. J.Y. Musa appeared separately for the PDP. Musa, a Senior Advocate of Nigeria (SAN), informed the court that he had been instructed by the party to withdraw the appeal, while Folurunsho argued that he had received no such directive and that his instructions to appear came from the PDP’s National Legal Adviser, who he said had the authority to handle the party’s legal matters.
This contradiction prompted the three-judge panel, led by Justice Onyekachi Otisi, to review a letter from the PDP, which indicated the party had not authorized the appeal and sought to discontinue it. The court questioned both lawyers about their instructions, with Musa maintaining his brief from the Alhaji Umar Damagum-led PDP executives, while Folurunsho insisted on his mandate from the party’s National Legal Adviser.
In light of the confusion, the court ordered both lawyers to return to the PDP to clarify the matter. Justice Otisi adjourned some appeals to January 23, 2025, while instructing that the issue of legal representation be resolved before that date.
The Rivers State Government’s counsel, Mr. Goddy Uche, SAN, also informed the court of four additional appeals related to the state’s political crisis, seeking consolidation of the matters. The court granted his request, scheduling a return date for November 22, 2024.
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In another significant development during the lengthy proceedings, the court reserved judgment on five consolidated appeals concerning the controversial local government elections held in the state on October 5, 2024. These appeals were filed by the Attorney General of Rivers State, the Social Democratic Party (SDP), and the Boot Party, while the APC filed two cross-appeals. The Independent National Electoral Commission (INEC) was listed as a respondent.
The appeals stemmed from a September 30 judgment by Justice Peter Lifu of the Federal High Court in Abuja, which had barred INEC from providing the voters’ register to the Rivers State Independent Electoral Commission (RSIEC) for the elections. The court also prohibited the Inspector General of Police and the Department of State Services from providing security for the elections.
The judgment followed a suit by the APC, which argued that the RSIEC had violated the law by scheduling elections without proper legal processes, including the mandatory 90-day notice and voter registration updates.
The Rivers State Government, in its appeal, contended that the Federal High Court had overstepped its jurisdiction, insisting that the issue of local government elections in the state fell under the authority of state courts.
The legal battle over these issues will continue to unfold, with the appellate court set to reconvene in November and again in early 2025.
