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•State judiciary dismiss magistrate’s claims of resignation

Blessing Ibunge in Port Harcourt

A Federal High Court sitting in Port Harcourt, Rivers State, has dismissed suit filed by Labour Party in Rivers State against the alleged defection of suspended Speaker of Rivers State House of Assembly, Martins Amaewhule, and 26 other lawmakers.

The presiding Judge, Justice Emmanuel Obile, in his judgment cited the judgment of Supreme Court, which he said touched on the issue of defection and declared that he could` not preside on a matter that have already been decided by the apex court

The Labour Party had filed the suit challenging the legitimacy of 27 lawmakers accused of defecting to the APC.

The ruling, delivered yesterday by Justice Obile, cited a lack of jurisdiction due to a binding Supreme Court judgment, prompting the Labour Party to vow an appeal.

In Suit No: FHC/PH/25/2024, the Labour Party went to court seeking to have the lawmakers’ seats declared vacant, arguing that their defection violated constitutional provisions under Section 272(3) of the 1999 Constitution (as amended).

But Justice Obile in his judgement held that the court was bound by Section 287(1) of the Constitution, which mandated adherence to Supreme Court decisions.

Referencing the February 28, 2025, Supreme Court ruling, the judge stated that the apex court had resolved the issue, confirming that the 27 lawmakers did not defect.

“The Supreme Court’s judgment is binding on this court,” Justice Obile declared, saying, “The issue of the lawmakers’ status has been settled, and this court lacks jurisdiction to reopen it.”

Meanwhile, Rivers State Judiciary has dismissed the reason given by retired Chief Magistrate, Ejike King-George for his retirement as Magistrate of the Judiciary of Rivers State.

The magistrate had tendered his resignation from service, citing the unlawful appointment of a Sole Administrator to oversee the political affairs of the state.

In the letter, addressed to the Honourable Chief Judge of Rivers State through the Secretary of the Rivers State Judicial Service Commission Magistrate on April 11, 2025, George said the appointment of a sole administrator was tantamount to a ‘quasi-military administration’.

In the letter titled: “Voluntary Retirement from Service”, George expressed dismay over the direction of the governance of the state, which he said was “alien” and “antithetical” to the values of the legal profession.

“This is intended to convey my decision to voluntarily retire my appointment as Magistrate of the Judiciary of Rivers State. This difficult and regrettable decision is informed largely by my discomfort with the recent appointment of a quasi-military administration to run the affairs of a modern state like ours.

“Milord will agree with me that this type of governance system is not only alien but also runs antithetical to our hallowed profession as legal practitioners and adjudicators.

“Having put in a whopping 16 out of my 22 years of legal practice into this Judiciary as Magistrate under successive democratic administrations, I find it difficult to work with the current setting, as doing so would amount to a tacit and naïve acquiescence.”

Reacting, however, the Chief Registrar of Rivers State High Court, DavidIhua-Maduenyi said George was compulsorily retired from service with effect from February 10, 2025 for disciplinary reasons bordering on complaints of continuous absence from duty without leave from August 2025, 2023 till December, 2024.

Speaking with journalists, Ihua-Maduenyi, clarified that the retired Chief Magistrate, sequel to the complaints by Judicial Service Commission appeared before a disciplinary panel which found him wanting and made recommendations including voluntary retirement or would be compulsorily retired, a recommendation which was submitted to the JSC

“Sequel to the above, Ejike K. George Esq appeared before a disciplinary panel which found him wanting and made recommendations to the Commission. The Commission offered Ejike K. George Esq. opportunity to retire voluntarily within a specific time frame or be compulsorily retired.

“Ejike K. George Esq having failed to retire voluntarily within the said time frame was consequently retired compulsorily with effect from February 10, 2025, and this was duly communicated to him.”

The chief registrar of the State High Court of Justice, said the attempt by the magistrate to link his exit from service with the political situation is not only contrived falsehood but a mischievous action calculated to deceive members of the public and attract undue sympathy and undeserved patronage.