The Rivers State government has filled a notice for stay of execution against judgment of the Appeal Court on the legal status of the Rivers State House of Assembly.
Dagogo Israel Iboroma, Senior Advocate of Nigeria and Attorney General of Rivers State, clarified in a statement that Amaewhule and his colleagues lost their seats after defecting from the Peoples Democratic Party, PDP, to the All Progressives Congress in December 2023, citing Section 109(1)(g) of the Nigerian Constitution. As stated by the Attorney General, the Court of Appeal ruling was not about the lawmakers’ status but concerned whether the National Assembly had the right to take over the legislative functions of the Rivers State House of Assembly during a prior crisis.
The statement emphasized that Amaewhule and the 26 others ceased to be lawmakers upon their defection and that their current claim of membership is inaccurate. The government expressed dissatisfaction with the Appeal Court ruling and confirmed plans to appeal the decision at the Supreme Court, while also seeking a stay of execution to maintain the status quo.
The statement urged Rivers State citizens to disregard misleading reports suggesting that Amaewhule and others remain active members of the Assembly.
READ ALSO : Court denies Fubara grip on Rivers Assembly as 27 pro-Wike lawmakers win in court
Credible News recalls that the Court of Appeal had rejected an appeal from Rivers State Governor Siminalayi Fubara, who sought to oust 27 members of the State House of Assembly following their defection from the People’s Democratic Party to the All Progressives Congress.
In a ruling delivered on Thursday in Abuja, the court stated that Fubara had no grounds for the appeal, having previously withdrawn his opposition to the case brought by the pro-Wike lawmakers in the Federal High Court.
Justice Joseph Oyewole, who authored the lead judgment, ruled that since the governor withdrew from the initial case, he could not claim to be aggrieved by the federal court’s judgment. As a result, the Court of Appeal prohibited Fubara from interfering in the affairs of the House of Assembly, led by Rt Hon.
Furthermore, the court barred Fubara from withholding funds allocated to the House and from removing the Clerk and Deputy Clerk. It also mandated that he re-present the state budget to the House under the recognized Speaker, in accordance with Justice James Omotosho ’s Federal High Court ruling.
Justice Oyewole emphasized that Fubara’s decision to withdraw from the federal court case was a significant misstep that could not be rectified through any legal argument. The court deemed the governor’s appeal to be without merit, stating it offered no benefit, as he had forfeited his legal standing by voluntarily withdrawing from the lawsuit.
The judge noted that Fubara’s actions reflected a contradictory stance, remarking that such conduct is inconsistent with legal principles, which require parties to maintain a coherent approach in court proceedings.
The court ultimately annulled the passage of the 2024 budget, which was approved by just four out of 32 members, citing the illegality of such a process in a democratic setting. The ruling further condemned Fubara for what it described as executive recklessness in presenting a budget to only a fraction of the assembly and signing it into law within 24 hours. PDP
Fubara had initially presented the “Budget of Renewed Hope, Consolidation, and Continuity” to only five lawmakers out of over 30 in December 2023. Justice James Omotosho ruled that the process violated a prior interim order issued by the court on November 30, 2023.
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