The Rivers State Government has issued a clear statement in response to the recent ruling by the Appeal Court in Abuja, asserting that the judgment did not reinstate the Martin Amaewhule-led faction of the state House of Assembly. This clarification was provided by the state’s Attorney General and Commissioner for Justice, Israel Iboroma, who highlighted that Amaewhule and 26 other lawmakers had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) on December 11, 2023. Iboroma emphasized that this defection led to the automatic vacancy of their seats, in accordance with Nigeria’s 1999 Constitution, particularly Section 109(1)(g), which states that lawmakers automatically lose their positions if they change party allegiance.
The legal background of the case stems from the internal crisis that the Rivers State House of Assembly experienced, primarily initiated after a failed impeachment attempt against the Governor. Following the polarization of the Assembly into two factions, the group led by Amaewhule decided to take legal action, filing a case in the Federal High Court in Abuja on November 29, 2023. Iboroma noted that the defection running parallel to this legal battle was not directly adjudicated by any court, thereby underscoring the absence of a judicial validation for Amaewhule’s continued membership in the House.
In recounting the timeline, the Attorney General indicated that after the defection, the Governor of Rivers State presented the 2024 Appropriation Bill to the Assembly, which was led by the duly recognized Speaker, Rt. Hon. Edison Ehie. The Appropriation Bill was subsequently passed into law, further cementing the legitimacy of the current Assembly leadership and its operations. The Attorney General stressed that the legal and procedural integrity surrounding the bill’s passage is firmly established within the ambit of state law, rendering the decisions of Amaewhule and his faction legally inconsequential.
The political landscape further complicated when President Buhari intervened, encouraging both factions of the Assembly to withdraw their cases from court for the sake of peace. Governor Nyesom Wike complied with this directive by withdrawing his cases, while Amaewhule and his group chose to proceed with their lawsuit, leading to a judgment that the Rivers State Government now contests. This disregard for the President’s directive by Amaewhule’s faction has been a point of contention, raising questions about their motives and alignment within the political framework of the state.
Following the Appeal Court ruling, which rejected a challenge filed by Governor Wike, miscommunication and misinterpretations began circulating regarding the status of Amaewhule and his faction. The Attorney General was explicit in debunking these claims, reiterating that the court’s judgment did not address the legality of Amaewhule’s position as a member of the Assembly or Speaker. Instead, the governing issues pertained to the Appropriation Law and the attempted federal intervention in local legislative processes. The state’s assertion reaffirms that the faction led by Amaewhule is no longer recognized within the framework of the Rivers State Assembly.
In the wake of the Appeal Court’s decision, Governor Wike has instructed his legal team to escalate the matter to the Supreme Court, seeking to overturn the decision while simultaneously applying for a stay of execution of the judgment. This move demonstrates the administration’s commitment to maintaining the current legislative order and serving the interests of the state’s governance. Consequently, Governor Wike has urged the public to remain vigilant against misinformation being propagated regarding the political situation, emphasizing the need for accurate information among the citizens of Rivers State.