Court Dismisses Appeals Stalling Judgment on Rivers Assembly

10 Dec 2013




 
The Court of Appeal in Abuja  Monday dismissed an application seeking a stay of further proceedings at the Federal High Court, Abuja, filed by the Rivers State House of Assembly and the Speaker of the assembly, Hon. Otelemaba Daniel Amachree.

The appellate court has therefore cleared the way for the Federal High Court to pronounce on the legality of the taking over of the functions of the assembly by the House of Representatives.

In a unanimous decision, the Appeal Court also dismissed another appeal filed by the Attorney General of the state challenging the ruling of the Federal High Court, Abuja that had earlier consolidated all the processes in the case together.

Ruling in the two separate appeals were delivered Monday by Justice Abubakar Yahaya Jatijo, who dismissed both appeals but made no order as to cost.
The dismissal of the two appeals have cleared the way for the high court to hear the case challenging the decision of the House taking over the functions of the assembly.

The Rivers State AG was challenging the order of the Federal High Court that heard all the applications and consolidated them along with the substantive case. The matter was fixed for judgment on November 27, this year, before the appeal were filed.

According to Justice Jatijo, an application for stay of further proceedings that is directed at arresting the judgment of the lower court should be dismissed.
To stay further proceedings, according to him “will only prevent the lower court from carrying out its constitutional functions."

In a unanimous decision, the court held that the other appeal filed by the Rivers assembly and the Speaker was incompetent as it was also aimed at arresting the ruling of the Federal High Court that was yet to be delivered.

The court noted that the applicants should have first filed their application for stay at the trial court and also waiting for the court to deliver its ruling.

The court held further that the applicants did not show any special or exceptional circumstances why they did not first take the application for stay of further proceedings before the trial court.

The political crisis in Rivers State degenerated  in July this year when an attempt to impeach the Speaker of the assembly, sparked a free-for-all.

Five members of the assembly opposed to Governor Rotimi Amaechi had engaged about 13 of their colleagues in a fight shortly after the pro-governor lawmakers resisted the move to remove Amachree.

The Leader of the House, Mr. Chidi Lloyd; Michael Chinda and Martins Amahule, were however, not lucky as they sustained serious injuries during the fracas.

http://www.thisdaylive.com/articles/court-dismisses-appeals-stalling-judgment-on-rivers-assembly/166289/

I don't see why ameachi and his government are trying to stall this judgment .. Since he has more loyalist in the state assembly he has nothing to fear for. Thank God the road is clear for the high court to pass its judgment on the legality of the national assembly taking over the river state assembly.

Hmmm!! Thisday ... you are still saying that Chidi Lloyd was injured.

Joyfullyme: Hmmm!! Thisday ... you are still saying that Chidi Lloyd was injured.

that's rivers state govt claim