Governor Fubara Heads To Supreme Court Amid Rivers Assembly Dispute

Governor Fubara Heads To Supreme Court Amid Rivers Assembly DisputeThe Rivers State Government has reacted to the Court of Appeal’s ruling, which upheld the Federal High Court’s decision to nullify the N800 billion budget passed by a faction of the Rivers State House of Assembly led by Edison Ehie.....KINDLY READ THE FULL STORY HERE▶

In a statement released on Thursday by Attorney General and Commissioner for Justice, Israel Dagogo Iboroma, SAN, the state government clarified that the Appeal Court’s judgment did not restore the faction led by Martin Amaewhule. Iboroma noted that Amaewhule and 26 other members had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) on December 11, 2023, which automatically rendered their seats vacant.

The Attorney General emphasized that the issue of their defection was not addressed in either the Federal High Court or the Court of Appeal, and no court has recognized their continued membership in the assembly following this defection.

“Today, October 10, 2024, the Court of Appeal in Abuja dismissed Appeal No. CA/ABJ/133/CS/2024 filed by the Governor of Rivers State against the Federal High Court’s judgment in suit No. FHC/ABJ/133/CS/2023, delivered on January 22, 2024,” Iboroma stated. “It is essential to clarify the facts and history surrounding this case.”

He explained that after an unsuccessful attempt to impeach the Governor, the Rivers State House of Assembly became divided into two factions on October 30, 2023. The faction led by Amaewhule subsequently filed a lawsuit in the Federal High Court on November 29, 2023.

On December 11, 2023, Amaewhule and others defected from the PDP, the party that had sponsored their election in the 2023 Legislative Assembly elections. According to Iboroma, their defection resulted in an automatic loss of their assembly seats under Section 109(1)(g) of the 1999 Constitution, which is self-executory and does not require a court order.

The Attorney General further explained that on December 13, 2023, Governor Siminalayi Fubara presented the 2024 Appropriation Bill to the Rivers State House of Assembly, led by Rt. Hon. Edison Ehie, who was recognized as the Speaker at that time. This bill was later passed into law.

Following the crisis in the assembly, the President of Nigeria intervened, urging all parties to withdraw their cases from court to restore peace. The Governor complied, withdrawing his cases; however, Amaewhule and his faction did not follow suit, proceeding to obtain a judgment against the Governor.

After the recent judgment from the Court of Appeal, there has been significant misinformation suggesting that Amaewhule and the others remain members of the assembly, with Amaewhule as Speaker. Iboroma refuted this claim, asserting that their defection was not a matter addressed in the courts.

“What was at stake was the 2023 Appropriation Law and the National Assembly’s intervention in the legislative functions of the Rivers State House of Assembly,” he explained.

Iboroma stated that Governor Fubara has instructed his legal team to appeal the Court of Appeal’s judgment to the Supreme Court and to file an application for a stay of execution to maintain the current status quo.

“The Governor urges the citizens of Rivers State to disregard any false information being spread by those attempting to mislead the public,” the Attorney General concluded.

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