Rivers State Government Insists Defected Lawmakers’ Seats Remain Vacant

The Rivers State Government has issued a statement clarifying that the recent Court of Appeal ruling in Abuja did not reinstate Martin Amaewhule and 26 other lawmakers as members of the Rivers State House of Assembly. This clarification comes in response to reports suggesting that the court’s judgment affirmed their positions in the Assembly.

In a statement released on Thursday by the State Attorney General and Commissioner for Justice, Israel Dagogo Iboroma (SAN), the government insisted that Amaewhule and the defected lawmakers had automatically vacated their seats after leaving the Peoples Democratic Party (PDP) to join the All Progressives Congress (APC) on December 11, 2023. According to Iboroma, this action triggered Section 109(1)(g) of the 1999 Constitution, which requires lawmakers who defect from their political party to relinquish their legislative seats.

“The defection of Martin Amaewhule and 26 others led to their automatic removal from the Assembly under the provisions of the 1999 Constitution,” Iboroma stated. “This issue was never part of the case before the Federal High Court or the Court of Appeal, and no court has legitimized their membership in the Assembly after their defection.”

Iboroma went on to explain that the legal proceedings before the Federal High Court and the subsequent appeal focused on the 2023 Appropriation Law and the National Assembly’s involvement in legislative functions in Rivers State, not the status of the defected lawmakers. He dismissed reports that suggested otherwise, labeling them as false and misleading.

“There is a wave of misinformation suggesting that Martin Amaewhule and his group remain in the Assembly with him as Speaker. This is completely untrue,” the Attorney General emphasized. He added that the recent Court of Appeal decision did not address the legitimacy of the lawmakers’ positions after their defection, and their seats remain vacant.

Following the Court of Appeal’s dismissal of the state’s appeal concerning the 2023 Appropriation Law, Iboroma revealed that the Rivers State Government plans to take further legal action. “We will be appealing this ruling to the Supreme Court,” he announced, adding that the government will also seek a stay of execution to ensure that the current situation remains unchanged while the legal process continues.

Governor Siminalayi Fubara has urged residents of Rivers State to disregard any false reports about the court’s decision. The governor assured the public that the government is taking the necessary legal steps to resolve the issue and maintain the rule of law.

This clarification is expected to provide clarity amidst the ongoing political tension in Rivers State, where the Assembly’s leadership has been a contentious issue since Amaewhule and the lawmakers switched parties late last year. The legal battle surrounding the status of the defected lawmakers will now move to the Supreme Court, where the final outcome will be determined.