Given the express provisions of the 1999 Constitution, the position of the Supreme Court and the conflicting judgments of the lower courts, the 26 members of Rivers State House of Assembly who defected from the Peoples Democratic Party to the All Progressives Congress, are in legal quagmire, Wale Igbintade reports
The Victor Oko-Jumbo-led Rivers State House of Assembly recently resolved to invoke the provision of the 1999 Constitution against Martin Amaewhule and 24 other lawmakers following their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) on December 11, 2023.
The resolution followed a motion of urgent public importance presented by the assembly's leader, Sokari Goodboy, urging the house to act against the lawmakers led by Amaewhule who had declared the seats of Oko-Jumbo and three others vacant.
Goodboy alleged that Amaewhule and his group have continued to conduct assembly proceedings, despite losing their seats for defecting to the APC.
He based his argument on sanctioning Amaewhule and others on Section 109 of the Constitution, which provides for the loss of the seat of any lawmaker who defected when there is no crisis in his original party. The lawmakers argued that this provision is self-executory, leaving no room for defiance.
The defection of Amaewhule and the other lawmakers who are loyalists of the Minister of Federal Capital Territory, Nyesom Wike, was celebrated with fanfare in the state.
In a letter read by his deputy, Dumle Maol, Amaewhule had stated that their defection was driven by the division within the PDP, especially the dispute over the position of National Secretary.
Although the exact date of the letter was unknown, it appears to have been written in December 2023, when the lawmakers publicly defected to the APC.
Amaewhule also stated that their action was in line with Section 109 of the 1999 Constitution as amended, which allows serving legislators to defect if there is a division in their political party.
Consequent to their action, Edison Ehie, a former leader of the assembly who was removed for not supporting Governor Siminalayi Fubara's impeachment, took control of the assembly and promptly declared the seats of the 26 lawmakers vacant.
Ehie, who acted as the interim Speaker, argued that the decision was in line with Section 109 (1) (g) and 2 of the 1999 Constitution (as amended).
Reading the names of the lawmakers affected, Ehie called on the Independent National Electoral Commission (INEC) to conduct fresh elections within the timeframe provided by law to fill the positions.
Almost simultaneously, Justice Danagogo of the state High Court, in a ruling, upheld Ehie as the authentic speaker at the time. He later resigned his position and Oko-Jumbo was elected the new speaker.
After Oko-Jumbo became the new Speaker of the assembly, Justice Charles N. Wali of the state High Court gave an order in suit number PHC/1512/CS/2024, filed by him, Goodboy, Orubienimigha Timothy and another member of the assembly, granting an interim injunction restraining Amaewhule and others from parading themselves as legislators.
However, despite a plethora of video evidence and court documents where they gleefully announced their defections, the embattled lawmakers are insisting that they are still members of the PDP. They announced their defection without recourse to Section 109 of the 1999 Constitution and without any crisis or division in the PDP.
Yet, from time to time, Amaewhule and his group would be criticising Governor Fubara and threatening to impeach him from office. Last week, the beleaguered speaker again faulted the governor over his appointments and handling of the financial matters in the state.
He said Rivers State is the only state in Nigeria without an appropriation law, noting that the assembly under his leadership has the power to impeach the governor if necessary. He stressed that impeachment would only be considered as a last resort.
But the logical question many are asking is: Are they still truly members of the Rivers State House of Assembly?
For instance, Section 109 (1G) of the 1999 Constitution states: "A member of a House of Assembly shall vacate his seat in the House if being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political before the expiration of the period for which that House was elected."
The subsection goes further to state: "Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one in which he was previously sponsored."
With the heat on them, and their alienation and non-recognition by Governor Fubara, Amaewhule and his group later made a U-turn, denying that there was no time they defected from the PDP to APC. What then happens to the Witness Statement on Oath and affidavit he deposed before the Federal High Court in Abuja?
For instance, in a Witness Statement on Oath obtained by THISDAY, Amaewhule himself clearly admitted that the 27 state legislators, in their suit marked PHC/21 771/CS/12024 filed against INEC, PDP, the Rivers State House of Assembly, Clerk of Rivers State House of Assembly, Inspector General of Police, and the Department of State Services (DSS) literally defected from the PDP.
Specifically, in a 22-paragraph Witness Statement on Oath dated May 15, 2024, he stated that faced with the state of uncertainty and confusion in the PDP (2nd defendant) caused by the division in the political party, "we were constrained to defect and joined the APC on the 11th December 2023."
He further stated: "I am aware that the plaintiffs were duly elected to represent their various state constituencies at the Rivers State House of Assembly on the platform of the PDP and had remained members of the PDP until 11th December 2023 when they (plaintiffs) left PDP and joined the APC as a result of division and fractionalisation in the leadership of the PDP."
"That the 2nd defendant has been threatening to ensure that our seats at the Rivers State House of Assembly be declared vacated by any means whether lawful or unlawful.
"That unless this honourable court intervenes, the defendants will unlawfully declare our seats vacant, withdraw our Certificates of Return and prevent us from carrying out our constitutional duties and functions as honourable members of the 3rd defendant."
Many analysts are wondering why Amaewhule and his group still feel they are members of the assembly after the incriminating affidavit and deposition. Those who spoke to THISDAY in confidence feel that their U-turn followed the sudden realisation that they made a grievous mistake to have defected from the PDP to the APC.
Though the Appeal Court had delivered judgment in favour of the defected lawmakers, their legal quagmire has remained unresolved.
Goodboy had argued that their actions threatened the rule of law and undermined the assembly's efforts to restore its integrity. He called for the invocation of constitutional provisions to hold the lawmakers accountable for their legal violations.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
Deputy Speaker, Adolphus Timothy supported the motion, noting that the seats of Amaewhule and others were declared vacant by the then-Speaker Ehie, and upheld by Justice Danagogo of the state High Court who ruled that he was the authentic speaker at the time. He stressed the importance of holding the defected lawmakers accountable to prevent future occurrence.
On his part, Oko-Jumbo berated INEC for refusing to conduct by-elections into the vacant seats since December 11, 2023. He recalled that the assembly had, on December 14, 2023, and May 8, 2024, written to the commission to conduct by-elections to fill the 25 vacant seats but regretted that the request is yet to be granted, adding that another member from Khana had died last year, and his seat has remained vacant.
While calling on the commission to, as a matter of urgency, ensure the conduct of by-elections so that other constituents can be represented, Oko-Jumbo vowed to continue to pursue actions to address the situation. He also advised those interested in contesting for the seat of Rivers State governor to wait till 2027, denouncing any attempt by anyone to seize power through unconstitutional means.
He affirmed that Governor Fubara has not committed any offense to warrant impeachment, praising his leadership and describing it as a "breath of fresh air" for the state. He emphasised that the governor has demystified governance and fostered a connection with the citizens.
The governor's supporters have called on Amaewhule and his group to accept their fate and peacefully wait for 2027 when they would have another chance to re-contest, instead of continuously heating up the polity in the state.
