Federal High Court Halts INEC's Plans for By-Elections to Fill Seats of Wike's Supporters

The Federal High Court in Abuja has issued an order preventing Nigeria's electoral commission, INEC, from organizing by-elections to fill the vacant seats of 27 members of the Rivers State House of Assembly. 

The ruling by Justice Donatus Okorowo was obtained by PREMIUM TIMES on Sunday night, following an announcement last Wednesday by factional speaker Edison Ehie, declaring the seats vacant after the lawmakers defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

Governor Siminalayi Fubara supports Mr. Ehie, while the 27-member faction led by Martin Amaewhule is loyal to Nyesom Wike, the former governor and current Minister of the Federal Capital Territory (FCT). A political battle for control of Rivers State's political structure within the PDP is ongoing between Governor Siminalayi and Minister Wike.

To prevent potential by-elections, the Wike-backed faction, led by Martin Amaewhule, filed an ex-parte request on December 13, urging the Federal High Court in Abuja to restrain the Rivers State House of Assembly, INEC, and the PDP from taking actions that could undermine their rights. The court granted an interim injunction, preventing INEC from conducting fresh elections to fill the vacant seats until the motion on notice is heard.

Justice Okorowo also restrained the Inspector-General of Police and the State Security Service (SSS) from interfering with the 27 lawmakers' legislative duties and from denying or withdrawing their security details. The judge adjourned the case until December 28 for a full hearing.

The political crisis in Rivers State escalated when Governor Fubara presented the state's 2024 appropriation bill to a four-member faction of the parliament at the Government House in Port Harcourt. The split in the assembly occurred in October due to a power struggle between Governor Fubara and Minister Wike, leading to a bombing incident at the State House of Assembly complex. Martin Amaewhule leads the 27-member faction loyal to Mr. Wike, while Mr. Ehie, removed as leader for not endorsing Governor Fubara's impeachment, emerged as the speaker of the faction loyal to the governor. The two factions have been holding parallel plenary sessions in different locations in Port Harcourt.