The Rivers State caucus in the House of Representatives has reiterated that Martin Amaewhule and 26 other lawmakers loyal to the Minister of the Federal Capital Territory, Nyesom Wike, have lost their seats due to their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The caucus criticized Amaewhule and his colleagues for denying their defection, describing their stance as unfortunate.
Expressing their support for Governor Siminalayi Fubara, they also condemned a recent visit by some National Assembly members to Amaewhule, calling it an attempt to mislead the people of Rivers State.
The leader of the Rivers caucus in the House of Representatives and member representing Andoni-Opobo/Nkoro Federal Constituency, Awaji-Inombek Abiante, stated this during a solidarity visit to the Speaker of the Rivers State House of Assembly, Victor Oko-Jumbo, in Port Harcourt on Monday.
This visit follows an earlier delegation led by Senator Barinada Mpigi, which had expressed solidarity with Amaewhule and urged Governor Fubara to comply with court judgments.
Abiante accused the Mpigi-led delegation of distorting the facts regarding the judgment delivered by Justice James Omotosho.
He clarified that the ruling did not address the status of Amaewhule and his colleagues, whom he referred to as a “committee of friends and former members of the Rivers State House of Assembly.”
He stated, “Rt. Hon. Martin Amaewhule and 26 others had lost their seats in the Rivers State House of Assembly following their voluntary defection/cross-carpeting which happened on the floor of the House of Assembly in the full glare of the public on 11th December 2023.”
Referring to past Supreme Court judgments, Abiante emphasized that the constitutional provisions in Section 109(1)(g) and Section 68(1)(g) of the 1999 Constitution, as amended, dictate that a legislator who defects from the party on whose platform they were elected automatically loses their seat.
“The pronouncements of the Supreme Court of Nigeria in these cases, having not been set aside nor overruled in any subsequent judgment of the Supreme Court, remain the law till date on issues of the election of a member of a legislative House in Nigeria,” he stated.
He further explained that based on this precedent, the legal effect of Amaewhule and his colleagues’ defection is that, from December 11, 2023, when they announced their defection on the floor of the House, they ceased to be members of the Rivers State House of Assembly.
“The only legal implication is that Amaewhule and the 26 others remain former members of the Rivers State House of Assembly and accordingly are no longer entitled to parade themselves as members of the House or to partake in any business or affair of the House,” he said.
He also noted that the December 11 defection was not raised in the January 22, 2024, ruling by Justice Omotosho.
“It is worthy to note that neither the fact of their defection nor any issue relating to their defection nor on their status as former lawmakers of the Rivers State House of Assembly was raised, submitted, or discussed in the proceedings leading to the 22 January 2024 judgment of Hon Justice Omotosho.
“Instead of placing before the Federal High Court, the truth and material facts about their status as ex-lawmakers, to afford the Honourable Court an opportunity of deciding on the real issues, the claimants in that case (Hon Amaewhule and co) craftily invented lies and falsehood calculated to mislead the Honourable Court.”
On whether the Rivers State House of Assembly can function effectively with its current composition, Abiante cited a Supreme Court judgment by Justice Walter Onnoghen regarding a similar case in Plateau State.
He quoted the ruling: “There is no doubt that there existed in the Plateau State House of Assembly 14 vacant seats as a result of cross carpeting.
“It is my view that until the vacancies created by the carpet crossing members are filled by the process of the by-election, the Plateau State House of Assembly can only transact such legislative duties that require the participation of less than 2/3 majority of ALL the members of that House, which duties definitely exclude impeachment proceedings.”
In response, Speaker Victor Oko-Jumbo commended the caucus for their visit, assuring them that the House would continue to legislate for the benefit of Rivers people while standing firmly in support of Governor Fubara.
He stated, “Thank you for standing in solidarity with the Rivers State House of Assembly. Your visit has rekindled hope in us. The former 27 lawmakers are gone. We have too much at stake to abandon the ship.
“The Governor is too focused on delivering good governance to the people. We will continue to stand for what is right and our duties are to make laws for the betterment of our people. That is our focus.”
He also reaffirmed the Assembly’s commitment to upholding the Constitution, stating, “We will continue to stand on the rule of law. The Constitution of the Federal Republic of Nigeria as amended cannot be changed because 27 former lawmakers loyal to their godfather in Abuja decided to defect, which of course was done on their volition.”
Other members of the National Assembly who joined Abiante on the visit included Hon. Boma Goodhead (Akuku-Toru/Asari-Toru Federal Constituency), Hon. Boniface Emerengwa (Ikwerre/Emohua Federal Constituency), Hon. Anderson Allison Igbiks (Okrika/Ogu-Bolo Federal Constituency), and Hon. Manuchim Umezurike (Port Harcourt Federal Constituency 1).
