By Kevin Pepple
Rivers State Governor, Sir. Siminalayi Fubara has appealed Thursday’s Appeal Court judgement asking him to re- present the state 2024 budget to Rt Hon. Martin Amaewhule led Assembly.
State Attorney General and Commissioner for Justice, D I Iboroma, a Senior Advocate of Nigeria(SAN) in a statement made available to the media said the governor has proceeded to the Supreme Court and has applied for stay of execution on the judgement.
Iboroma averred that due to lots of misrepresentation of the Appeal Court judgement on Thursday that Martin Amaewhule & 26 others still remain members of the Rivers State House of Assembly with Amaewhule as the speaker it was expedient to put the records straight and correct the falsehood being spread.
Besides, he submitted that the defection of Martin Amaewhule and 26 others was not an issue for determination in the Federal High Court, Abuja and the Court of Appeal, but the 2023 Appropriation Law and the National Assembly taking over the Legislative functions of the Rivers State House of Assembly.
He said,” Dissatisfied with the judgment of the Court of Appeal, Abuja Division, His Excellency, the Governor has directed his lawyers to file an appeal against the judgment of the Court of Appeal to the Supreme Court and also file an application for stay of execution of the judgment of the Court of Appeal. That maintains the status quo.”
The Attorney General explained that with the operation of the law, especially as regards Section 109(i) (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 the 11th day of December, 2023, as Section 109(1)(g) is self executory as no court order is required thereof.
Recalling what transpired on the 30th of October, 2023, after the failed attempt by Amaewhule led Assembly to impeach thee governor, the Commissioner opined that the Rivers State House of Assembly became polarized into two factions.
Hence, the faction led by Martin Amaewhule proceeded to the Federal High Court, Abuja Division and filed Suit No. FHC/ABJ/1613/CS/2023, on the 29th day of November, 2023.
Not satisfied of their legal action against the governor, the Amaewhule led lawmakers on the 11th day of December, 2023 defected from the Peoples Democratic Party(PDP) that sponsored their election in the 2023 Legislative Assembly Election, to the All Progressives Congress(APC).
It was based on this he stated that the governor of Rivers State on 13th day of December, 2023, presented the 2024 Appropriation Bill to the Rivers State House of Assembly, led by Rt. Hon. Edison Ehie, who was recognized as the Speaker of the Rivers State House of Assembly at the time.
As far as the law was concerned the Appropriation Law has become a state law within the purview of the High Court of Rivers State.
He regretted that despite attempts by President Tinubu to intervene in the matter by urging the parties to withdraw their cases in court, to allow peace reign, and which the governor obeyed as he withdrew his cases and the processes he filed in Suit NoFHC/ABJ/1613/CS/2023, the Martin Amaewhule led lawmakers has remained recalcitrant and proceeded to obtain judgment against the governor of Rivers State.
He therefore urged the people of Rivers State to ignore the purveyors of fake news bent on misleading the good people of Rivers State.
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