Truth be told, the Wike/Fubara situation in Rivers State is complex and cannot be easily resolved through litigation alone.
The Edo State House of Assembly crisis during former Governor Oshiomhole’s tenure comes to mind. After several years of litigation, a political solution was eventually adopted, leading to the resolution of the matter. The path of adversarial litigation will only exacerbate the crisis, thereby defeating the objective of providing good governance to the citizens.
Additionally, there is the existence of a Federal High Court order in Abuja, which granted the relief sought by the majority members by restraining the governor or any other person or body from tampering with their existence and status. To my knowledge, this judgment has not been reversed or appealed against to date.
Furthermore, there is the question of the allegation of “division” within the primary party on which the members were elected and whether this allegation has been rebutted in court. There is a need for clarity on whether a final court pronouncement has been made outlawing their existence or legitimacy.
On the issue of the former speaker who is now the chief of staff and who declared their seats vacant, his position as a factional speaker was part of the resolution reached in Aso Rock, requiring him to renounce his speakership as it never legally existed, which he did by withdrawing all court processes in the matter. His legal recognition as a factional speaker was through an ex parte order that had a lifespan of 7 or 14 days, depending on the rules of the court in the state.
The litigation and probes path in the Rivers State crisis will exacerbate and prolong the crisis, which will most likely not be resolved until the remaining three years of Governor Fubara’s tenure are exhausted.
Governor Fubara’s intended probe into the administration of his predecessor, Wike, poses several risks, including political instability, diversion of resources from current issues, and high legal costs. The probe might be viewed as a political witch-hunt, leading to public distrust and political polarization. It could also set a precedent for retaliatory actions by future administrations, destabilizing governance. The investigation could foster a climate of fear among civil servants and damage potential collaborations between current and former state leaders. Governor Fubara is well advised to use his head and not his heart no matter how powerless he feels in the face of such derailment of his 4 year tenure.
My final take: I strongly advocate for the abandonment of litigation and probes and the adoption of Alternative Dispute Resolution (ADR) methods to resolve the crisis.
Duruebube Chima Nnadi-Oforgu
OBLONG MEDIA UNLIMITED 
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