Justice P. M Ayua of the Federal High Court in Port Harcourt has ruled that a petition demanding the National Assembly’s takeover of the activities of the Rivers Assembly be transferred to the Abuja Division.
The judge said it was necessary that the case be transferred to the FCT Division for hearing and determination given that the National Assembly is listed as the first respondent in the case and there is a similar action filed in Abuja with the same parties.
Among the petitioners are Kingsley Igbaki, a lawyer and four others, while the Rivers State Government and the State Attorney-General are listed as second and third respondents.
The suit filed by Frank Ayebaekipreye, the petitioner’s lawyer,is praying for a determination that the Rivers Assembly cannot discharge its legislative functions as a result of the current leadership instability.
It also seeks an order compelling the National Assembly to undertake the legislative powers of the Rivers Assembly in compliance with Section 14(4) of the Federal Republic of Nigeria’s 1999 Constitution (as amended).
Ayebaekipreye, prayed the court to rule in favour of the petitioners saying all legal processes had been filed and served on all respondents in the case.
However, the court in agreement with the respondents’ lawyer, C. N Eke, in a similar case before the Abuja Division of the Federal High Court, which sought an order preventing the National Assembly from taking over Rivers State’s legislative powers,ruled that the case be transferred to Abuja Division for hearing and determination.
