A On October 10, 2024, the Court of Appeal, Abuja Division, dismissed the appeal filed by the Governor of Rivers State, His Excellency, against the earlier judgment of the Federal High Court in suit No. FHC/ABJ/133/CS/2023. The case, which revolved around the defection of members of the Rivers State House of Assembly, has been a focal point of political tension in the state since late 2023.
The legal saga began on October 30, 2023, following a failed attempt to impeach the Governor. This event led to a division within the Rivers State House of Assembly, resulting in the formation of two factions. One faction, led by Martin Amaewhule, filed suit No. FHC/ABJ/1613/CS/2023 on November 29, 2023, seeking judicial intervention.
On December 11, 2023, Amaewhule and 26 other members of the Assembly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). According to Section 109(1)(g) of the Nigerian Constitution, their defection triggered an automatic loss of their seats, as the law states that no court order is required to enforce this provision.
Despite the political turmoil, the Governor proceeded with presenting the 2024 Appropriation Bill to the House of Assembly on December 13, 2023. At the time, Rt. Hon. Edison Ehie was recognized as the Speaker of the House. The bill was passed into law and became the 2024 Appropriation Law, a state law under the jurisdiction of the High Court of Rivers State.
Following the crisis, the President of Nigeria intervened, urging all parties to withdraw their court cases to foster peace. While the Governor complied and withdrew his suit (FHC/ABJ/1613/CS/2023), Amaewhule and his faction did not. They continued their legal battle and eventually obtained a judgment in their favor against the Governor.
In the aftermath of the Court of Appeal’s dismissal of the Governor’s appeal, misinformation has spread suggesting that Amaewhule and the defected members remain legitimate members of the Rivers State House of Assembly, with Amaewhule as Speaker. This narrative, however, is inaccurate. The issue of defection was not under consideration by the Federal High Court or the Court of Appeal. Instead, the legal dispute focused on the 2023 Appropriation Law and whether the National Assembly should take over legislative functions in the state.
In response to the ruling, the Governor has instructed his legal team to appeal the decision to the Supreme Court and seek a stay of execution to preserve the current situation. He has also urged the citizens of Rivers State to disregard misleading information being circulated.
The Attorney General and Commissioner for Justice of Rivers State, D.I. Iboroma, SAN, reaffirmed the Governor’s stance, assuring the public that the legal process will continue as the Governor seeks further redress.
