The Rivers State Caucus of the National Assembly paid a solidarity visit to Rt. Hon. Martins Amaewhule in Port Harcourt on Monday, where they called on the Executive Arm led by Governor Siminalayi Fubara to execute the judgment of the Court of Appeal, affirming Amaewhule and 27 lawmakers as the only Rivers State House of Assembly......CONTINUE READING THE ARTICLE FROM THE SOURCE>>>>>
Reading their position in a statement signed by Rep. Kingsley Chinda, Sen. Barinada Mpigi, and Rt. Hon. Dumnamene Dekor, the caucus expressed concern over the deliberate distortion of facts and judgments of courts by the Governor of Rivers State.
The statement noted that the Governor had procured the services of Senior Advocates of Nigeria, including Mr. Femi Falana, SAN, to misinterpret judgments of court.
They cautioned Falana to stop misinterpreting judgments of court, citing his alleged falsehood about the dates of the judgment of Hon. Justice J.K. Omotosho and the purported “defection that never took place”.
The statement reads: ” We wish to caution Mr. Femi Falana SAN, to stop misinterpreting judgments of court. It is regrettable that a very senior lawyer of his status will be amplifying the falsehood from non-lawyers and political merchants.
“Falana, lied about the dates of the judgment of Hon. Justice J.K. Omotosho and the purported defection that never took place with the intention of misleading the public.
“We wish to warn these false content creators and political merchants that it is very possible to continue to eat from the treasury of Rivers State without tampering with the position of the law, and the intentional misinterpretation of judgment of courts.”
The caucus emphasized that the judgment of Hon. Justice J.K. Omotosho, which was affirmed by the Court of Appeal and the Supreme Court, takes effect immediately and forever.
They argued that the Court of Appeal judgment, which was upheld by the Supreme Court, granted all the reliefs sought by Amaewhule, including the determination of who is the speaker and members of the Rivers State House of Assembly.
The statement highlighted that the judgment also included non-interference by the Governor of Rivers State with the activities and functions of the Amaewhule-led Assembly, protection by the Inspector General of Police to ensure adequate security for them to carry out their duties, and the disbandment of any other House of Assembly in Rivers State or self-acclaimed Speaker other than Amaewhule and the 27 members.
They warned that any attempt to deal with any other person or forum as the Rivers State House of Assembly is contemptuous of the judgment of the Supreme Court.
They said: “For the records, there were several reliefs aside from the presentation of the 2024 budget sought by the Rt. Hon. Martins Amaewhule led Assembly before the Hon. Justice J.K. Omotosho, which included the determination of who is the speaker and members of the Rivers State House of Assembly; non interference by the governor of Rivers State with the activities and functions of the Martin’s led Assembly; protection by the Inspector General of Police to ensure adequate security for them to carry out their duties; and the disbandment of any other House of Assembly in Rivers State or Self-acclaimed Speaker other than Rt. Hon. Martins Amaewhule and the 27 members.
“All the reliefs sought by Rt. Hon. Martins Amaewhule were granted by the Hon. Justice J. K. Omotosho on the 22nd of January 2024.
“It’s instructive to state emphatically that by the withdrawal of the Governor’s appeal before the Supreme Court and the dismissal of the suit with cost, the judgment and all orders made by Hon. Justice J. K. Omotosho, which was upheld by the Court of Appeal, takes effect immediately and forever.
“This, of course, includes the affirmation of Rt. Hon. Martins Amaewule as Speaker and the 27 members of the Rivers State House of Assembly as the ONLY House of Assembly of Rivers State and the directive to the Inspector General of Police to provide security to enable the Rivers State House of Assembly to continue to perform their functions without hindrance.”
The lawmakers also accused the Governor of initiating a plot at a Federal High Court in Rivers State to declare the seats of Amaewhule and the 27 members vacant, despite the judgment of the Court of Appeal and the Supreme Court.
The caucus called on the Governor to respect the judgment of the Court and execute it to avoid any breakdown of law and order in Rivers State. They urged the public to disregard any misinformation and respect the judgment of the Court.
In his remark, Amaewhule, thanked the Caucus for their visit, assuring them that the 10th Rivers State House of Assembly under his speakership will remain undeterred and will continue to stand firm in defense of the constitution and the rule of law.
Amaewhule, however, accused the Governor, of spending state funds recklessly, saying that such actions will be scrutinized in the coming days.
He alleged that the Governor has been spending state funds from his “front pocket” in different currencies, as if the funds belonged to him and his family.
The Speaker also declared that all those parading themselves as Commissioners, Permanent Secretaries, and Civil Servants are impostors, as they have not been screened and confirmed by the Assembly. He warned that they will be held accountable for their actions.
He said: “All those parading themselves as commissioners that are not commissioners, those working with them as permanent secretaries, those civil servants, all those impostors, even the ones that they say they swore in few days ago, parading themselves as members of the Rivers State local government service commission and assembly service commission.
“They should keep parading and continue deceiving themselves, we are putting this disclaimer out to the public to know that these individuals are not officers of the Rivers State government.
“Laws of Rivers State provides for screening and confirmation of local government service commission, the governor is yet to write us, the governor does no have a local government service commission in place, what we have are impostors all over the place.
“Lastly, the governor should know that we are not sleeping, we are aware of the hundreds and billions of tax payers monies that are missing today, that are not accounted for, a day of reconning will come.
“They should not think that we are asleep, we are not asleep, Rivers funds that the governor is currently spending from his pocket in different currencies as if it belongs to him and his family will definitely be at the front burner in the coming days and weeks.”
He further stated that the Governor has not constituted the Local Government Service Commission and the Assembly Service Commission, as required by law. He accused the Governor of appointing impostors to these positions, who will eventually be held accountable for their actions.
He also warned the Governor’s appointee, Mr. Iboroma, who, he alleged, has been parading himself as the Attorney General of Rivers State, to desist from such actions, as he has not been screened and confirmed by the Assembly.
Amaewhule called on the National Judicial Council (NJC) and the Nigerian Bar Association (NBA) to call Iboroma to order, saying that his actions constitute a nuisance in the political space in Rivers State.
He said: “”Let me also send a message to one impostor who has been parading himself as the Attorney General of Rivers State.
“Because in the last Press conference he had, he repeatedly mentioned my name, forgetting that I’m not at per with him by protocol, where things are properly done, he should know that the speaker, Rivers State House of Assembly is the superior in Rivers State governance.
“Repeatedly, he mentioned my name in derogatory terms and it’s important I draw his attention, so that he will know that he is an impostor, what he is doing in Rivers State can be likened as 419, he is not the Attorney General of Rivers State.
“He has been posing and parading himself as the Attorney General of Rivers State and in the coming days we will be writing to the NJC and the disciplinary committee of the NBA to warn him for the nuisance he has been constituting especially in the political space of Rivers State, misleading the public and posing as the Attorney General, when hemis not one.
“He is not the Attorney General, he was never screened, he was never confirmed as enshrined in the 1999 constitution.
“His actions constitute great nuisance in the political space in Rivers State.
“Let me very sincerely and very seriously call on the NJC and of course the Nigerian Bar Association to call him to order, he should not forget that he is supposed to be a minister in the temple of justice.
“What he is doing today is that he is heating up the polity, forgetting that he has a professional code he is supposed to abide by, which he is not, because I do not see a senior advocate of Nigeria, doing what he is doing, misleading the people, claiming to be the Attorney General, when he is not one.”
Those in delegation, include: Felix Nwaeke, Victor Obuzor, Mrs Blessing Amadi, Cyril Hart, Kingsley Chinda, Dumnamene Dekor, Allwell Onyesoh and Barry Mpigi.
In a swift response, the Rivers State Government fired back at Amaewhule, and his colleagues accusing them of desperation to mislead the public on the true situation in the Rivers State House of Assembly.
In a statement released on Monday by Joe Johnson, Hon. Commissioner for Information & Communications, the government described Amaewhule and the caucus claims as a “calculated attempt to deceive the public” on the judgment of Hon Justice Omotosho in the case of Rivers State House of Assembly vs. The National Assembly of the Federal Republic of Nigeria.
The government emphasized that the Governor of Rivers State, Siminalayi Fubara, is law-abiding and peace-loving, and has great respect for the Court of Law and the Nigerian judiciary.
He noted that the Governor swore to defend the Constitution of the Federal Republic of Nigeria and the Rule of Law, which includes respect for the court of law.
According to the statement, the judgment of Hon Justice Omotosho does not affect the status of Amaewhule and his colleagues. The judgment, the government explained, is limited to the issues raised in the case and does not touch on the defection of the lawmakers and its legal effects.
The government also emphasized that the defection of Amaewhule and his group on December 11, 2023, automatically and mandatorily led to the loss of their seats in the House.
The Supreme Court of Nigeria has consistently held that an elected legislator who defects to another party loses their seat automatically.
The statement highlighted that the Rivers State House of Assembly had 32 members, and Amaewhule and 26 others defected to the All Progressives Congress (APC) on December 11, 2023. The defection, the government explained, led to the loss of their seats, and the remaining five members continued with the business of the House.
The government also quoted the Supreme Court judgment in the case of DAPIANLONG Vs. DARIYE (2007) 8 NWLR (Pt. 1036) p. 332 (SC), which held that an elected legislator who defects to another party loses their seat automatically.
The Rivers State Government called on the public to ignore Amaewhule’s “mischievous and deliberate misrepresentation” of the facts, assuring that it will continue to uphold the Nigerian Constitution and the Rule of Law in the state.
The government also urged the President and Commander-in-Chief of the Federal Republic of Nigeria, His Excellency Senator Ahmed Bola Tinubu, the National Judicial Council, the Chief Justice of the Federation, the Inspector General of Police, and all institutions in Nigeria, as well as well-meaning Nigerians, to ignore Amaewhule’s antics.
“We shall continue to give you updates as may be necessary,” the government stated.