The Rivers State Government has maintained that Martin Amaewhule and 26 other lawmakers loyal to the FCT Minister Nyesom Wike have lost their seats in the State House of Assembly, despite a recent Court of Appeal judgment. This position was reaffirmed in a statement issued on Thursday, October 10, 2024, by Dagogo Israel Iboroma, SAN, the Attorney General and Commissioner for Justice, who clarified the legal context and the government’s next steps in the ongoing legal battle.

In his statement, Iboroma explained that the Court of Appeal in Abuja dismissed an appeal filed by the Rivers State Governor, challenging a judgment of the Federal High Court, Abuja Division, delivered on January 22, 2024. The initial suit, filed by a faction of the House led by Martin Amaewhule, sought to contest legislative actions taken by a rival faction following a political crisis within the Assembly.

The crisis, which began in October 2023 after an alleged failed attempt to impeach Governor Sim Fubara, polarized the Rivers State House of Assembly into two factions. The faction led by Amaewhule defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) on December 11, 2023. According to the Rivers State Government, this defection automatically triggered the loss of their seats under Section 109(1)(g) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which disqualifies legislators from retaining their seats after switching parties.

“The defection of Martin Amaewhule and 26 others from the PDP to the APC on December 11, 2023, rendered them disqualified from holding their positions as members of the Rivers State House of Assembly,” Iboroma stated. He emphasized that the provision of Section 109(1)(g) of the Constitution is self-executory, requiring no further legal intervention for their seats to be vacated.

Iboroma further highlighted that after Amaewhule’s defection, the Rivers State Assembly, under the leadership of Rt. Hon. Edison Ehie, proceeded with legislative duties, including passing the 2024 Appropriation Bill, which was presented by the Governor on December 13, 2023, and subsequently enacted into law.

The Attorney General also addressed the political fallout and confusion surrounding the Court of Appeal’s decision, noting that certain factions and individuals have misrepresented the ruling as a reinstatement of Amaewhule and his colleagues. He clarified that the judgment did not touch on the issue of their defection or the constitutionality of their seats but rather focused on the legislative actions taken by the Assembly during the crisis, particularly the passage of the 2024 Appropriation Law.

“There is a gale of misrepresentation and misinterpretation following the Court of Appeal judgment, suggesting that Martin Amaewhule and 26 others remain members of the Rivers State House of Assembly. This is patently false,” Iboroma stated. “Their defection was not under scrutiny in the Court of Appeal or the Federal High Court. The issues in contention were the 2023 Appropriation Law and the National Assembly’s intervention in the legislative functions of the Rivers State House of Assembly.”

In response to the Court of Appeal’s decision, Governor Fubara has instructed his legal team to file an appeal with the Supreme Court, as well as an application for a stay of execution of the judgment. The Rivers State Government insists that until the matter is conclusively resolved, the status quo remains, meaning that Amaewhule and the other defected lawmakers are not recognized as members of the Assembly.

Governor Fubara also urged the people of Rivers State to disregard what he described as “fake news” being spread by those attempting to mislead the public regarding the current status of the Assembly. “The good people of Rivers State are advised to ignore the purveyors of misinformation, as the legal process is still unfolding,” the statement concluded.