The Rivers State Government is adamant that a recent ruling by the Appeal Court did not reinstate Martin Amaewhule and 26 other lawmakers in the State House of Assembly. This comes after the court’s decision on October 10, 2024, which the government believes does not change the status of these members.
The conflict centers around a significant political shift that occurred in December 2023. On December 11, Amaewhule and 26 others defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). According to the Rivers State Government, this defection automatically rendered their seats vacant from the moment they announced their switch. The Attorney General, Dagogo Iboroma, emphasized that the defection was never a matter before the Federal High Court or the Court of Appeal, meaning no court had the authority to validate their positions in the assembly following their party change.
The recent ruling from the Abuja Division of the Court of Appeal dismissed an appeal from Governor Siminalayi Fubara, who sought to remove the 27 members from the House of Assembly due to their defection. The court ruled that Fubara had no standing to appeal since he had previously withdrawn his opposition to the matter in the Federal High Court. Justice Olubunmi Oyewole, who delivered the lead judgment, stated that the governor’s withdrawal meant he could not claim to be aggrieved by the federal court’s ruling.
Additionally, the Court of Appeal barred Governor Fubara from intervening in the affairs of the House of Assembly. This includes restrictions on withholding funds from the assembly and removing key officials such as the Clerk and Deputy Clerk. The court also ordered Fubara to re-present the state budget to the assembly, recognizing Amaewhule as the Speaker, as determined in an earlier judgment by Justice James Omotosho of the Federal High Court.
In response to the Appeal Court’s ruling, Governor Fubara is preparing to escalate the matter to the Supreme Court. He has directed his legal team to file an appeal against the Court of Appeal’s decision and also request a stay of execution. This means he aims to pause the implementation of the ruling while the Supreme Court reviews the case.
This ongoing legal battle highlights the tensions within the Rivers State political landscape, particularly regarding party defections and the rights of elected officials. The governor’s actions and the subsequent court rulings have sparked a debate about the authority of political leaders versus the judiciary in matters of party loyalty and representation.
The situation has significant implications for governance in Rivers State. The ability of the governor to manage the House of Assembly effectively is now in question. With the court’s ruling preventing him from withholding funds and interfering with assembly operations, the Amaewhule faction may continue to exert influence in legislative matters.
As the legal proceedings move forward, the dynamics within the State House of Assembly could further shift, impacting the governor’s ability to implement policies and make decisions. Additionally, the case raises broader questions about the consequences of political defections and the legal interpretations that govern them, not only in Rivers State but potentially in other regions facing similar challenges.
The conflict between the Rivers State Government and the Amaewhule faction reflects the complexities of Nigeria’s political landscape, especially concerning party loyalty and the legalities surrounding political representation. As Governor Fubara prepares to appeal to the Supreme Court, all eyes will be on how this situation unfolds and what it means for the future of governance in Rivers State. The outcome could set a significant precedent for handling political defections and the powers of state governors in Nigeria.
