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A high court sitting in Port Harcourt has upheld the position of Hon Benibo Anabraba as minority leader of the Rivers State House of Assembly.
Justice C.D. Green of high court 20 at a ruling that lasted over 30mins ruled that the election of Hon Anabraba who represents Akuku Toru Constituency 2 was constitutional in line with the standing orders of the Rivers State House of Assembly.
She ruled that the administration of oath of office by the speaker of the Assembly, Ikuinyi Ibani on Hon Anabrabra was proper an in order in line with order 10 rule 1 of the standing orders of the house and that he (Anabraba) cannot be removed from office except in the manner set out in the 1999 constitution as amended and the standing orders of the house.
She also asked the defendants not to interfere with the functions of the minority leader, Hon Bebibo Anabraba
Speaking with correspondents after the ruling, the counsel to Hon Anabraba, Bar Wori N. Wori told correspondents that he was not surprised that his client was going to win based of the standing procedure of electing an officer from the minority party.
“The standing orders of the house did not draw any distinction as to who should elect an officer of the house and the court cannot input what is not in the provision”
However, Bar Nemi Erema who is the counsel to the 1st defendant (the All Progressives Congress) 2nd defendant (Davies Ikanya, Rivers State APC chairman) and 3rd defendant (Hon Josiah Olu), expressed dissatisfaction with the ruling, noting that his clients would proceed on appeal.
“Well the main issues are whether the majority party (PDP) can participate in the election of the leader of the minority party, the court has in its own wisdom looked at the provisions of the Rivers State House of Assembly Standing order, but we are of a different view and we maintain that in our constitutional democracy where in the majority party gets involved in elected the leader of the minority party is misplaced”
“It is not the position of the majority party to choose who should be the leader of the minority party, so it is a case that should be tested at the appellate court”
He said the ruling if not corrected would negatively affect the pattern of proceedings at both the Senate and House of Representatives.
“So it doesn’t matter which party is the minority now or the majority, it is something that the court of appeal or any other court should have another look at it”