Rivers State Governor, Simi Fubara Moves to Appeal Court’s Ruling on Assembly Leadership Dispute

Governor Simi Fubara has instructed his legal team to initiate an appeal against the ruling and seek a stay of execution. The governor is challenging the court’s decision, emphasizing that the judgment did not restore the faction of the Rivers State House of Assembly led by Martin Amaewhule.

Governor Simi Fubara’s stance is rooted in a dispute that began in late 2023 when members of the Assembly, including Amaewhule, defected to another political party, a move that Simi Fubara insists disqualifies them from holding office under Nigerian law.

Governor’s Statement on Legal Action Against the Appeal Court Ruling

In a statement issued by the Rivers State Attorney-General and Commissioner for Justice, Israel Dagogo Iboroma, SAN, the governor reaffirmed his position on the matter. Iboroma highlighted that the court’s ruling on October 10, 2024, dismissed the governor’s appeal of a January 2024 decision by the Federal High Court, which had addressed the legality of the Assembly’s leadership under Amaewhule.

The statement underscored the fact that despite the court’s dismissal of the appeal, the judgment does not automatically reinstate Amaewhule’s leadership in the Assembly, as the legal controversy is centered on the lawmakers’ defection from the Peoples Democratic Party (PDP).

Controversial Defection of Lawmakers Sparks Legal Battle

The crux of the legal dispute stems from the defection of Martin Amaewhule and 26 other members of the Rivers State House of Assembly on December 11, 2023. These lawmakers, who had been elected under the PDP banner, switched allegiance to the All Progressives Congress (APC). According to Governor Fubara, this defection led to an automatic loss of their seats based on Section 109(1)(g) of the 1999 Nigerian Constitution, which stipulates that lawmakers who change parties without valid reasons lose their positions.

This constitutional provision, according to the governor, is self-executing, meaning no court order is necessary to enforce the loss of seats following the lawmakers’ defection.

Impeachment Attempt and Legislative Polarization

The legal dispute was exacerbated by a failed impeachment attempt against Governor Simi Fubara in October 2023. Following the attempt, the Rivers State House of Assembly became divided into two factions. One faction was led by Martin Amaewhule, who, along with his supporters, sought legal intervention from the Federal High Court in Abuja to assert their authority.

This polarization set the stage for ongoing legal battles, with the Amaewhule faction seeking to regain control, while Governor Simi Fubara recognized a different leadership under Edison Ehie, who was appointed Speaker after the defections.

Governor Simi Fubara’s Argument on Appropriation Law Validity

In his statement, Governor Simi Fubara defended the legitimacy of the 2024 Rivers State Appropriation Law, passed under the leadership of Edison Ehie. According to the governor, after the defection of Amaewhule and his supporters, Ehie was the recognized Speaker of the House. In this capacity, the Assembly passed the state’s 2024 budget, which was subsequently enacted into law.

Governor Simi Fubara emphasized that the Rivers State High Court has the jurisdiction to handle matters related to the state’s Appropriation Law, further underlining his position that the faction led by Amaewhule no longer had legal standing in the Assembly following their defection.

Governor Simi Seeks Stay of Execution Amid Continued Legal Dispute

As the legal tussle over the Rivers State House of Assembly leadership continues, Governor Simi Fubara is not only pursuing an appeal but also seeking a stay of execution on the current ruling. This move aims to prevent any immediate enforcement of the court’s decision until the appeal process is concluded.

The governor’s legal team remains confident in their argument, pointing to constitutional provisions and the events surrounding the defection as key factors that support their case. As the situation unfolds, the political and legal landscape of Rivers State is likely to remain in flux, with the potential for further court battles ahead.