Rivers Assembly: Fubara Fights Back, Orders Lawyers to Appeal Judgement, File Stay of Execution

Rivers State Governor, Siminialayi Fubara, has taken decisive legal steps in response to the Appeal Court’s judgement in Abuja on Thursday, October 10......Read The Full Article>>.....Read The Full Article>>

The Governor instructed his legal team to file an appeal and a stay of execution, following the court’s dismissal of his appeal concerning the defection of 27 members of the Rivers State House of Assembly.

Defection at the heart of the controversy

Governor Fubara has maintained that the seats of Martin Amaewhule and the 26 other lawmakers became vacant following their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) in December 2023.

In a statement issued by the Attorney-General and Commissioner for Justice, Israel Dagogo Iboroma, SAN, the Governor clarified the timeline of events and legal implications of the lawmakers’ defection.

The statement read:

“By operation of law, particularly Section 109(1)(g) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, Martin Amaewhule and 26 others automatically lost their seats as members of the Rivers State House of Assembly on December 11, 2023.
“The Constitution is self-executory on this matter, and no court order is required.”
What has been the legal history and appeal process?

Iboroma provided a detailed account of the legal battle, beginning with the factional division within the Rivers Assembly following an unsuccessful attempt to impeach Governor Fubara in October 2023, Vanguard reported.

According to the Attorney-General, Martin Amaewhule and his group approached the Federal High Court in Abuja and filed Suit No. FHC/ABJ/1613/CS/2023 in November of that year. Shortly after, they defected to the APC.

Despite the defection, Amaewhule and his colleagues did not withdraw their legal action, even after an intervention by the President of Nigeria, urging all parties to drop their court cases to restore peace in Rivers State.

Iboroma pointed out that while Governor Fubara complied with the President’s directive, the opposing faction continued with their lawsuit, eventually leading to the Appeal Court ruling.

Iboroma said:

“The judgement delivered by the Court of Appeal today has been misrepresented by many, claiming that Martin Amaewhule and 26 others remain members of the Rivers State House of Assembly. This is patently false.”
Fubara directs immediate appeal of court order

Governor Fubara, dissatisfied with the Appeal Court’s decision, has directed his lawyers to escalate the matter to the Supreme Court, The Nation reported.

His legal team has also been instructed to file for a stay of execution, ensuring that the status quo is maintained pending further legal actions.

The Attorney-General concluded:

“The Governor has urged the good people of Rivers State to disregard the fake news and misrepresentation of facts by individuals bent on misleading the public.”

Court sets aside Rivers’ N800b budget passed by Fubara’s CoS’

Earlier, Legit reported that the Court of Appeal, Abuja, on Thursday, October 10, affirmed the judgment of the federal high court (FHC) which set aside the N800 billion budget passed by five members of the Rivers state house of assembly.

The present chief of staff (CoS) to Governor Siminalayi Fubara, Edison Ehie led the quintet at the time.