The Rivers State Government has maintained that the recent Appeal Court ruling in Abuja on Thursday did not reinstate Martin Amaewhule and 26 other defected members of the State House of Assembly.
In a statement released by the State Attorney General and Commissioner for Justice, Dagogo Iboroma, SAN, the government emphasized that Amaewhule and the others had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) on December 11, 2023, which automatically rendered their seats vacant.
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Iboroma clarified that according to Section 109(1)(g) of the 1999 Constitution, their seats were vacated upon their defection, and no court ruling is needed for this provision to take effect.
He further explained that the issue of their defection was not part of the cases heard by the Federal High Court or the Court of Appeal in Abuja, dismissing any claims that the court had legitimized their positions in the House.
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He added that following the Appeal Court’s decision, Governor Siminalayi Fubara has directed his legal team to appeal the ruling at the Supreme Court and file for a stay of execution.
The Attorney General also noted that following the defection, the Governor recognized Edison Ehie as the legitimate Speaker of the Rivers State House of Assembly when the 2024 Appropriation Bill was presented in December 2023.
The bill was later passed into law by the Assembly under Ehie’s leadership.
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Iboroma criticized the portrayal of the court’s decision as reinstating Amaewhule and his group, calling it a misrepresentation.
He stated that their defection was not an issue determined by the courts, and the legal challenges instead centered on the 2023 Appropriation Law and the National Assembly’s involvement in the Rivers State House of Assembly’s legislative duties.
He also noted that Governor Fubara had complied with a directive from the President to withdraw legal actions in order to promote peace, while Amaewhule and the others continued their case, leading to a judgment against the state government.
