Governor Fubara Appeals Court Judgment on Assembly Membership
By Wisdom Tide
October 11, 2024
Rivers State Governor Siminialayi Fubara has instructed his legal team to appeal the recent Court of Appeal judgment concerning the membership of the State House of Assembly. The Governor has also directed his legal team to seek a stay of execution on the ruling delivered on October 10, 2024.
No Reinstatement of Amaewhule-led Assembly, Says Governor
Governor Fubara contends that the court's decision does not reinstate the Martin Amaewhule-led House of Assembly, contrary to some reports. In a statement issued by the state's Attorney-General, Israel Dagogo Iboroma, the Governor clarified that Amaewhule and 26 other members lost their seats when they defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) on December 11, 2023. This action, Fubara emphasized, resulted in an automatic vacation of their seats, as stipulated in Section 109(1)(g) of the 1999 Constitution.
Defection Issue Not Addressed in Courts
The Governor’s statement further explained that the Federal High Court and the Court of Appeal did not address the issue of defection. Instead, their rulings focused on the legitimacy of the 2023 Appropriation Law. This aspect of the case, Fubara noted, was separate from the constitutionality of the members’ defection to the APC.
Presidential Intervention and Legal Withdrawal
Fubara pointed out that following a presidential intervention aimed at resolving internal conflicts within the Assembly, he had withdrawn his legal actions. However, Amaewhule and the other defected members did not take similar steps. Despite this, Fubara continues to assert that their defection legally rendered their seats vacant.
Public Urged to Disregard Misinformation
The Governor has urged the public to disregard misinformation regarding the membership status of the Assembly. He reiterated that the court's ruling does not equate to the reinstatement of Amaewhule and his faction as legitimate members of the House of Assembly.
Legal Battle to Continue at Supreme Court
Fubara's legal team is now preparing to escalate the matter to the Supreme Court, with the aim of clarifying the status of the affected Assembly members and upholding the constitutional provisions on defections.
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