The government of the Garden City, Rivers State, has demanded that the Appeal Court judgment on Thursday in Abuja didn’t reinstitute the Martin Amaewhule-led faction of the State House of Assembly.
In a explanation by the State Attorney General and Commissioner for Justice, Dagogo Iboroma, SAN, in Port Harcourt on Thursday, the government communicated that Amaewhule and 26 others had defected on December 11, 2023.
It contended that their seats turned out to be consequently vacant from the day they made known their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The Attorney General insisted that the issue of the defection of Amaewhule and 26 others was under the gaze of the Federal High Court and the Court of Appeal, Abuja, and as such, no court has authenticate their membership of the House of Assembly based on the defection.
He communicated disappointed with the judgment of the Court of Appeal, Abuja Division, the Governor has directed his lawyers to file an appeal against the judgment of the Court of Appeal to the Supreme Court, and furthermore record an application for stay of execution of the judgment of the Court of Appeal.
Iboroma said, “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 subsequently passed into Law and turned into 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 mediation by the President of the Federal Republic of Nigeria, that the parties pull out their cases in Court, to allow peace reign, His Excellency the Governor of Rivers State obeyed the President’s order and pulled out 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 continued to get judgment against His Excellency, the Governor of Rivers State.
“After the judgment of the Court of Appeal today, there is a hurricane of distortion and error Martin Amaewhule & 26 others remain members of the Rivers State House of Assembly with Martin Amaewhule as the speaker thereof. This is obviously bogus.
“The defection of Martin Amaewhule and 26 others was not an issue for assurance in the Federal High Court, Abuja and the Court of Appeal. What was in issue was the 2023 Appropriation Law and the National Assembly assuming control over the Legislative functions of the Rivers State House of Assembly.”
