Rivers State Governor Siminialayi Fubara has directed his legal team to appeal the recent ruling by the Appeal Court and file for a stay of execution on the decision. The Governor’s move follows the court’s ruling on Thursday in Abuja, which he asserts does not restore the Rivers State House of Assembly leadership under Speaker Martin Amaewhule.
In a statement released by the Attorney-General and Commissioner for Justice, Israel Dagogo Iboroma, SAN, on Thursday in Port Harcourt, the Governor argued that Amaewhule, along with 26 other legislators, had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) on December 11, 2023, thus losing their seats according to constitutional provisions.
“The Court of Appeal, Abuja Division, today, October 10, 2024, dismissed Appeal No. CA/ABJ/133/CS/2024 filed by His Excellency, the Governor of Rivers State, against the judgment of the Federal High Court, Abuja Division, in suit No. FHC/ABJ/133/CS/2023, delivered on January 22, 2024,” the statement read.
According to Iboroma, the Rivers State House of Assembly became split into two factions after an unsuccessful attempt to impeach Governor Fubara in October 2023. The faction led by Amaewhule subsequently filed a suit at the Federal High Court, Abuja, but later defected from the PDP to the APC, which resulted in their automatic disqualification under Section 109(1)(g) of the Nigerian Constitution.
“By operation of law, particularly Section 109(1)(g) of the 1999 Constitution (as amended), Martin Amaewhule and 26 others automatically lost their seats on December 11, 2023,” the Attorney-General explained.
Governor Fubara’s legal team is expected to seek clarification and relief at the Supreme Court, challenging the legitimacy of the earlier judgments. The Governor also highlighted that the Rivers State House of Assembly, led by Rt. Hon. Edison Ehie, passed the 2024 Appropriation Bill into law, further emphasizing the constitutional and legal standing of Ehie’s leadership.
