Defected Lawmakers’ Seats Remain Vacant, Says Rivers Govt

Governor Siminalayi Fubara, through Iboroma, urged Rivers residents to disregard misleading reports on the court’s decision, assuring them that appropriate legal steps are being taken to resolve the issue.

Port Harcourt, Nigeria – The Rivers State Government has clarified that a recent Court of Appeal ruling in Abuja did not reinstate the Martin Amaewhule-led faction of the State House of Assembly, asserting that Amaewhule and 26 other lawmakers no longer hold their seats.

In a statement issued on Thursday, the State Attorney General and Commissioner for Justice, Israel Dagogo Iboroma (SAN), stated that the lawmakers automatically vacated their seats upon defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) on December 11, 2023. Iboroma explained that their defection triggered Section 109(1)(g) of the 1999 Constitution, which stipulates that lawmakers who switch political parties must forfeit their seats.

“The issue of defection involving Martin Amaewhule and 26 others was not a subject of litigation before either the Federal High Court or the Court of Appeal,” Iboroma emphasized. “Therefore, no court has ruled that they remain members of the House of Assembly after their defection.”

Iboroma clarified that the legal battle at the Federal High Court and the subsequent appeal focused on the 2023 Appropriation Law and the National Assembly’s intervention in Rivers State’s legislative matters. The status of the defected lawmakers was not part of the case.

Following the Court of Appeal’s dismissal of the state’s appeal concerning the 2023 Appropriation Law, Iboroma criticized what he described as a misrepresentation of the ruling. “There are false reports suggesting that Amaewhule and others continue to serve in the Assembly, with him as Speaker. This is completely untrue,” he said.

Iboroma also announced that the state government would appeal the ruling to the Supreme Court and seek a stay of execution to maintain the current status quo.

Governor Siminalayi Fubara, through Iboroma, urged Rivers residents to disregard misleading reports on the court’s decision, assuring them that appropriate legal steps are being taken to resolve the issue.