Fubara Faults Appeal Court Ruling, Seeks Stay of Execution

Rivers State Governor, Siminialayi Fubara, has directed his legal team to file an appeal against the recent ruling by the Court of Appeal, Abuja, and to request a stay of execution on the judgment.

This move follows the court’s decision on Thursday, which Governor Fubara emphasized did not restore the faction of the Rivers State House of Assembly led by Martin Amaewhule.

In a statement released by the state’s Attorney-General and Commissioner for Justice, Israel Dagogo Iboroma, SAN, on Thursday in Port Harcourt, the Governor highlighted that Amaewhule and 26 other legislators defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) on December 11, 2023, thereby losing their seats by operation of law.

The statement detailed the legal developments that have ensued since a failed impeachment attempt against Governor Fubara in October 2023, which led to the polarization of the Rivers State House of Assembly into two factions. The faction led by Martin Amaewhule subsequently filed a suit at the Federal High Court, Abuja Division, seeking to challenge their status following their defection to the APC.

“On October 30, 2023, following the failed attempt to impeach the Governor, the Assembly split into two factions. Martin Amaewhule’s faction then approached the Federal High Court, Abuja, filing a suit on November 29, 2023,” the Attorney-General explained.

However, according to Iboroma, the defection of Amaewhule and his colleagues on December 11, 2023, automatically triggered Section 109(1)(g) of the 1999 Constitution, which stipulates that members of the legislature who switch parties without proper justification lose their seats.

“By law, under Section 109(1)(g) of the Constitution, Martin Amaewhule and 26 others forfeited their seats as members of the Rivers State House of Assembly on December 11, 2023. This provision is self-executing, meaning no court order is required to enforce it,” the statement read.

Governor Fubara continued to recognize Rt. Hon. Edison Ehie as the legitimate Speaker of the Assembly. Ehie presided over the passage of the 2024 Appropriation Bill, which was presented by Governor Fubara on December 13, 2023, and subsequently passed into law.

“The Appropriation Law of 2024 is a valid state law, falling within the jurisdiction of the High Court of Rivers State,” Iboroma clarified.

As the Governor prepares to challenge the Appeal Court’s ruling, the political tension within the Rivers State Assembly continues to escalate, with the fate of the defected legislators hanging in the balance.
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