Following the appeal court judgment that upheld the Federal High Court’s ruling that nullified the N800 billion budget passed by four members of the Rivers State House of Assembly, led by Edison Ehie, the Rivers State government under Governor Simi Fubara has headed for Supreme Court
In a statement signed on Thursday by the Attorney General and Commissioner for Justice, Israel Dagogo Iboroma, SAN, the state government emphasised that the Appeal Court’s judgment did not reinstate the Martin Amaewhule-led faction of the assembly.
Justice Iboroma clarified that Amaewhule and 26 others had defected from the Peoples Democratic Party, PDP, to the All Progressives Congress, APC, on December 11, 2023, resulting in their seats automatically becoming vacant.
The Attorney General further noted that the issue of their defection was never presented before either the Federal High Court or the Court of Appeal, and no court has legitimised their membership in the assembly following their defection.
Iboroma said: “Today, the 10th day of October 2024, the Court of Appeal, Abuja Division dismissed Appeal No. CA/ABJ/133/CS/2024 filed by His Excellency, the Governor of Rivers State against the judgment of the Federal High Court, Abuja Division in suit No. FHC/ABJ/133/CS/2023 delivered on the 22nd day of January, 2024.
“It is important to state the facts and history of the case and the appeal thereof.“On the 30th day of October, 2023, after the failed attempt to impeach His Excellency, the Governor of Rivers State, the Rivers State House of Assembly became polarised into two factions.
“The faction led by Martin Amaewhule proceeded to the Federal High Court, Abuja Division and filed Suit No. FHC/ABJ/1613/CS/2023, on the 29th day of November, 2023.
“Subsequently, on the 11th day of December, 2023, Martin Amaewhule and others defected from the Peoples Democratic Party that sponsored their election in the 2023 Legislative Assembly Election, to the All Progressives Congress.
“By operation of law, particularly Section 109(i) (g) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Martin Amaewhule and 26 others automatically lost their seats as members of the Rivers State House of Assembly on the 11th day of December, 2023, as Section 109(1)(g) is self executory as no court order is required thereof.
“His Excellency, the Governor of Rivers State on the 13th day of December, 2023, presented the 2024 Appropriation Bill to the Rivers State House of Assembly, led by Rt. Hon. Edison Ehie, who was recognized as the Speaker of the Rivers State House of Assembly at the time.
“The Appropriation Bill was later passed into law and became the Appropriation Law of 2024. An appropriation law is a state law within the purview of the High Court of Rivers State.
“Following the crisis in the Rivers State House of Assembly and the intervention by the President of the Federal Republic of Nigeria, that the parties withdraw their cases in Court, to allow peace reign, His Excellency the Governor of Rivers State obeyed the President’s directive and withdrew his cases and the processes he filed in Suit No FHC/ABJ/1613/CS/2023.
“Martin Amaewhule and others disobeyed the President and did not withdraw Suit No. FHC/ABJ/1613/CS/2023 and proceeded to obtain judgment against His Excellency, the Governor of Rivers State.
“After the judgment of the Court of Appeal today, there is a gale of misrepresentation and misinterpretation that Martin Amaewhule and 26 others remain members of the Rivers State House of Assembly with Martin Amaewhule as the speaker thereof. This is patently false.
“The defection of Martin Amaewhule and 26 others was not an issue for determination in the Federal High Court, Abuja and the Court of Appeal.
“What was in issue was the 2023 Appropriation Law and the National Assembly taking over the legislative functions of the Rivers State House of Assembly.”
The Attorney General further stated that Governor Siminalayi Fubara has directed that the judgment be appealed to the Supreme Court.
“Dissatisfied with the judgment of the Court of Appeal, Abuja Division, His Excellency, the Governor has directed his lawyers to file an appeal against the judgment of the Court of Appeal to the Supreme Court and also file an application for stay of execution of the judgment of the Court of Appeal. That maintains the status quo.
“Accordingly, His Excellency, the Governor of Rivers State urges the good people of Rivers State to ignore the purveyors of fake news bent on misleading the good people of Rivers State, ” the Attorney-General added
