Dissatisfied with the judgment of the Court of Appeal which upheld the Abuja High Court’s decision affirming Martins Amaewhule as the subsisting Speaker of the Rivers State House of Assembly, the Rivers State Government has headed to the Supreme Court to appeal the judgment.
A statement by D.I. Iboroma, the Rivers State Attorney-General and Commissioner for Justice affirmed that Martin’s Amaehwele and the other 26 Rivers legislators lost their seats the day they defected to the All Progressive Congress, APC.
The commissioner said it has become imperative to state the facts and history of the case and the appeal.
According to him, on the 30th day of October, 2023, after the failed attempt to impeach Governor of Rivers State, Simi Fubara, the Rivers State House of Assembly became polarised into two factions.
He explained that 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, he said, 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.
According to the Justice Commissioner, by operations 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 was required.
He stated that 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 recognised as the Speaker of the Rivers State House of Assembly at the time.
The Appropriation Bill, he noted, was later passed into Law and became the Appropriation Law of 2024.
He said, an Appropriation Law is a state law within the purview of the High Court of Rivers State.
The Justice Commissioner said 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, the Governor obeyed the President’s directive and withdrew his cases and the processes he filed in Suit No FHC/ABJ/1613/CS/2023.
But according to him, Martin Amaewhule and others disobeyed the President and did not withdraw Suit No. FHC/ABJ/1613/CS/2023 and proceeded to obtain judgment against the Governor of Rivers State.
He said after the judgment of the Court of Appeal yesterday, there was a gale of misrepresentation and misinterpretation that Martin Amaewhule and 26 others remain members of the Rivers State House of Assembly with Martin Amaewhule as the speaker thereof.
This, he said, was patently false, noting that 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.
He explained that 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 informed that 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 calling for the maintains of the status quo.
