The erstwhile National Publicity Secretary of the defunct New People’s Democratic Party (nPDP) and chieftain of the All Progressives Congress, Chief Eze Chukwuemeka Eze, in a press statement circulated to the media organisations has highlighted that the protracted crisis rocking Rivers State over the leadership of the House of Assembly has continued unabated as a result of actions of some politicians in the State who are hell-bent on using the Judiciary to show power and might.
The latest in the series of decisions from the Judiciary is the judgment of the Court of Appeal sitting in Abuja, delivered on Thursday October 10, 2024, which dismissed an appeal marked: CA/ABJ/133/CS/2024, filed by the Governor of Rivers State, His Excellency Siminalaye Fubara, challenging the judgment of Justice James Omotosho of the Federal High Court, Abuja, delivered on January 22, 2024.
It is noteworthy that Justice Omotosho, had while delivering judgment on a Motion on Notice marked FHC/ABJ/133/CS/2023, filed on the 29th day of November, 2023, by the Rivers State House of Assembly, and Martin Amaewhule (1st and 2nd Plaintiffs respectively), nullified the 2024 Rivers State Budget passed by the pro-Fubara Lawmakers following the decampment of 27 PDP Lawmakers to the APC.
The court also set aside the presentation and passage of the Budget just it ordered Governor Fubara to re-present the budget to the House of Assembly under Amaewhule and 26 other PDP Lawmakers who had defected to the APC. Among others, Justice Omotosho ordered Governor Fubara to release all funds accruable to the Rivers State House of Assembly, and also barred the governor from interfering with the activities of the Assembly.
In an amended originating summons dated December 7, 2023, but filed on December 11, 2023, the Plaintiffs had sued the NASS, Senate President, Deputy Senate President, Senate Majority Leader, Senate Minority Leader as 1st to 5th defendants respectively.
They also joined the House of Representatives Speaker, House Deputy Speaker, House Majority Leader, House Minority Leader, and Clerk to NASS as 6th to 10th defendants. Others are the Governor of Rivers, Attorney-General of Rivers, Commissioner of Finance, Accountant-General of Rivers, Rivers State Civil Service Commission, Inspector-General of Police, and Rt. Honourable Edison Ehie, who was also listed as Rivers Assembly’s Speaker in the suit, as the 11th to 17th Defendants respectively.
Specifically, what was in issue in the suit filed by Amaewhule was the 2024 Appropriation Law and the National Assembly taking over the legislative functions of the Rivers State House of Assembly.
It is on record that the defection on the 11th day of December, 2023, by Martin Amaewhule and 26 other Lawmakers from PDP that sponsored their election in the 2023 Legislative Assembly Election, to the APC was not an issue in the instant suit decided by Justice Omotosho on January 22, 2024.
More so, it is instructive for Nigerians to note that during the pendency of the suit, and considering the worsening political altercation between the 27 Lawmakers loyal to the Minister of the Federal Capital Territory, Barr. Nyesom Wike and Governor Fubara, President Bola Tinubu had called for a truce.
As a man of honour, peace loving, and very respectful, Governor Fubara heeded to the directive of President Tinubu that warring parties withdraw their cases in Court to pave the way for amicable resolution of the crisis and to allow peace reign in the Rivers State.
However, in total disrespect for President Tinubu and his appeal, Martin Amaewhule and the 26 defected Lawmakers called bluff of Mr President, vehemently refused to withdraw suit No. FHC/ABJ/1613/CS/2023, and proceeded to obtain judgment against the Governor of Rivers State.
At this point, it has become imperative to state from a legal standpoint that by the provision of Section 109(i) (g) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Martin Amaewhule and 26 other Lawmakers having defected, 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.
Nevertheless, in view of the judgment of Justice Joseph Oyewole led 3-man panel of the Court of Appeal on October 10, 2024, it is of paramount importance to quash the gale of misrepresentation and misinterpretation that Amaewhule & 26 other defected Lawmakers remain members of the Rivers State House of Assembly.
I make bold to state in the strongest term that the appellate court did not adjudicate on the legitimacy or otherwise of the defection of the embattled lawmakers.
In this regard, the fact remains that Martins AMAEWHULE and his co-Travellers have ceased to be Lawmakers and Fubara will not grant them any legality by representing any Budget before them.
So those celebrating should go ahead to celebrate on an issue that was dead on arrival as the plot to plunge Rivers State into darkness will not be accomplished
While advising the Rivers State Government to appeal against the judgement of the appellate court, I equally appeal to the Judiciary to be circumspect of deft moves by self serving politicians to drag the Judiciary into the mud.
I urge the courts to ensure they deliver sound and time tested judgments devoid of technicalities, as well as stop every plot that will derail and expose the country’s fledgling democracy to public opprobrium.
Governor Fubara must stand firm and not yield to intimidation, betrayal or judicial harassment from Wike and his adversaries.
There will be daring consequences if Rivers people and Nigerians in general fail at this period to wrestle Rivers State from the firm grip of Wike.
Let me state without mincing words that President Bola Tinubu is duty bound to ensure that Rivers State is not allowed to be destabilized due one man’s dictatorial tendencies.
By withdrawing his counter affidavits and processes filed in the suit, Governor Fubara did not make any mistake in obeying the directive of President Tinubu.
Or is President Tinubu’s directive mischievous and deceptive as Fubara’s withdrawal of court processes earlier filed, formed the basis upon which the appellate panel dismissed the suit?
The plot to set Rivers State on fire or attempt to impeach the Governor will be resisted.
I urge people of the State, particularly, loyalists of governor Fubara to be calm and go about their normal duties as the suit bordering on defection of the 27 lawmakers is still pending in court.
More so, the decision of Justice Oyewole and two others is subject of appeal at the Supreme Court.
For the umpteenth time, I dare say that the Martin Amaewhule led House of Assembly members have lost their seats, having defected from the PDP to the APC.
