Rivers Govt Rejects Court of Appeal’s Judgement, Heads To Supreme Court

By Adesina Soyooye

Says Amaewhule neither Speaker nor, along with other pro-Wike colleagues, Member of the Rivers State House of Assembly

In a swift reaction to the judgement of the Court of Appeal, the Rivers State Government has headed to the final Court in the land – the Supreme Court of Nigeria.

The Court of Appeal, on Thursday, dismissed the case filed before it by the Government, and thus, literally caged Governor Siminalayi Fubara and his Government, with no space to maneuver.

The Court ordered Fubara to represent the 2024 Budget which had since been passed, and which he had since signed into law, to the pro-Wike Members of the House of Assembly.  The judgement, from the interpretation in the Media, affirmed Martin Amaewhule as the Speaker of the House of Assembly, and reinstated all the Assembly Members loyal to the Minister for the Federal Capital Territory, Barrister Nyesom Wike.

But the State Government has rejected the judgement to the letter, and went on to say that the Court of Appeal  did not reinstate Amaewhule as the Speaker of the House. It has, therefore, filed a notice of a stay of execution of the Appeal Court judgment. It is to stop Amaewhule and other pro-Wike lawmakers from parading themselves as members of the Rivers State House of Assembly, having, on their own, publicly announced their defection from the Peoples Democratic Party, the Party on which tickets they were elected, to the All Progressive Congress, the Party under which their mentor, Wike, is serving as a Federal Minister.

The step taken by the Rivers State Government was stated in a statement  by D.I. Iboroma, SAN, who is also the Rivers State Attorney General & Commissioner for Justice.

In the statement, he insisted that Amaewhule and his colleagues  remain former members of the Rivers State House of Assembly having, on their own,  resigned from the PDP.

He, also, revealed that the matter before the Appeal Court was not the status of the Lawmakers but whether the National Assembly, by virtue of the crisis in the State Assembly at the time, could take over the Legislative functions of the Rivers State House of Assembly.

The statement reads in full:

“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 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.

“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 & 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.

“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 Coalition of Opposition Lawmakers, headed by Hon.   Ugochinyere Ikenga Imo, has, also, weighed in, and insists that Amaewhule has ceased to be the Speaker as he and his colleagues who resigned from the PDP, are no longer Rivers State House of Assembly Members.