Chief Eze Chukwuemeka Eze, a former national publicity secretary of the defunct New People’s Democratic Party (nPDP) and leader of the All Progressives Congress (APC), has informed the 27 legislators who are stuck that they are no longer members of the State Assembly.
In a press release sent to media outlets on Friday, Eze emphasized that certain politicians in the State are determined to use the court system as a means of asserting their authority and dominance, which is why the protracted dispute over the House of Assembly leadership in Rivers State has persisted unabatedly.
According to reports, the Court of Appeal’s ruling in Abuja on Thursday dismissed an appeal filed by Rivers State Governor Siminalaye Fubara, which had challenged the Federal High Court of Abuja’s judgment rendered on January 22, 2024, by Justice James Omotosho. This decision is the most recent in a string of rulings from the Judiciary.
In rendering a decision on a Motion on Notice with the file number FHC/ABJ/133/CS/2023, which was submitted on November 29, 2023, by the Rivers State House of Assembly and Martin Amaewhule (the first and second plaintiffs, respectively), Justice Omotosho declared the 2024 Rivers State Budget, which had been approved by the pro-Fubaraba lawmakers after 27 of them defected to the APC.
Along with ordering Governor Fubara to re-present the budget to the House of Assembly, which was led by Amaewhule and 26 other PDP lawmakers who had defected to the APC, the court also set aside the budget’s presentation and passage.
Among other things, Justice Omotosho forbade Governor Fubara from meddling in the Assembly’s operations and directed him to release all monies accruing to the Rivers State House of Assembly.
In response, Eze stated that the defection of Martin Amaewhule and twenty-six other members from the PDP, which had supported their election in the 2023 Legislative Assembly Election, to the APC on December 11, 2023, was not a factor in the current lawsuit, which was determined by Justice Omotosho on January 22, 2024.
The APC leader also wants Nigerians to know that President Bola Tinubu had called for a truce while the lawsuit was pending and in light of the escalating political dispute between Governor Fubara and the 27 lawmakers who support Minister of the Federal Capital Territory, Nyesom Wike.
Fubara obeyed President Tinubu’s order to end the warring parties’ legal actions in order to facilitate a peaceful settlement of the conflict and restore peace to the state of Rivers.
Martin Amaewhule and the 26 lawmakers who defected, however, did not drop suit No. FHC/ABJ/1613/CS/2023 and went on to win a judgment against the Rivers State governor.
“At this point, it has become imperative to state from a legal standpoint that by the provision of Section 109(i) (g) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Martin Amaewhule and 26 other Lawmakers having defected, 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.
“Nevertheless, in view of the judgment of Justice Joseph Oyewole led 3-man panel of the Court of Appeal on October 10, 2024, it is of paramount importance to quash the gale of misrepresentation and misinterpretation that Amaewhule & 26 other defected Lawmakers remain members of the Rivers State House of Assembly.
“I make bold to state in the strongest term that the appellate court did not adjudicate on the legitimacy or otherwise of the defection of the embattled lawmakers. In this regard, the fact remains that Martins AMAEWHULE and his co-Travellers have ceased to be Lawmakers and Fubara will not grant them any legality by representing any Budget before them.
“So those celebrating should go ahead to celebrate on an issue that was dead on arrival as the plot to plunge Rivers State into darkness will not be accomplished,” Eze explained.
While advising the Rivers State Government to appeal against the judgement of the appellate court, Eze equally “appealed to the Judiciary to be circumspect of deft moves by self serving politicians to drag the judiciary into the mud.
“I urge the courts to ensure they deliver sound and time tested judgments devoid of technicalities, as well as stop every plot that will derail and expose the country’s fledgling democracy to public opprobrium.
“Governor Fubara must stand firm and not yield to intimidation, betrayal or judicial harassment from Wike and his adversaries.
“There will be daring consequences if Rivers people and Nigerians in general fail at this period to wrestle Rivers State from the firm grip of Wike.
“Let me state without mincing words that President Bola Tinubu is duty bound to ensure that Rivers State is not allowed to be destabilized due to one man’s dictatorial tendencies.
“By withdrawing his counter affidavits and processes filed in the suit, Governor Fubara did not make any mistake in obeying the directive of President Tinubu.
“Or is President Tinubu’s directive mischievous and deceptive as Fubara’s withdrawal of court processes earlier filed, formed the basis upon which the appellate panel dismissed the suit?
“The plot to set Rivers State on fire or attempt to impeach the Governor will be resisted.
“I urge people of the State, particularly, loyalists of Governor Fubara to be calm and go about their normal duties as the suit bordering on defection of the 27 lawmakers is still pending in court,” he added.
