The Rivers State government has vehemently rejected claims that the Appeal Court ruling in Abuja reinstated the Martin Amaewhule-led faction of the State House of Assembly, labeling such reports as misleading and unfounded.
In a robust statement issued by the Attorney General and Commissioner for Justice, Israel Dagogo Iboroma, SAN, the government emphasized that the 27 lawmakers, including Amaewhule, automatically lost their seats after defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) in December 2023.
Citing Section 109(1)(g) of the 1999 Constitution, Iboroma affirmed that their defection rendered their seats vacant without the need for any further court intervention.
“The defection of Amaewhule and the others was never up for determination by the Federal High Court or the Court of Appeal, and no court has validated their position in the Assembly post-defection,” Iboroma stated.
He further clarified the situation, saying: “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.”
Providing more background, Iboroma said: “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 polarized 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.”
“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,” he clarified.
The Attorney General also commented on the ruling’s aftermath:
“After the judgment of the Court of Appeal today, there is a gale of misrepresentation and misinterpretation that Martin Amaewhule & 26 others remain members of the Rivers State House of Assembly with Martin Amaewhule as the speaker thereof. This is patently false.”
Finally, addressing the next legal steps, Iboroma said:
“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.”
He urged the people of Rivers State to disregard false reports and reaffirmed the government’s commitment to the rule of law.