The state Attorney General and Commissioner for Justice in Rivers State, Dagogo Iboroma has insisted that the Martin Amaewhule-led faction of the State House of Assembly has lost their seats following their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
In a statement signed on Thursday, SAN Iboroma said that since Amaewhule and 26 others had defected on December 11, 2023, their seats became automatically vacant.
Also, since their defection was not before the Federal High Court and the Court of Appeal, in Abuja, no court has legitimised their membership of the House of Assembly on the basis of defection.
He said dissatisfied 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 also file 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 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.”
