Lawmakers representing Rivers State in the House of Representatives paid a solidarity visit to the Speaker of the Rivers State House of Assembly, Hon. Victor Oko-Jumbo, on Monday, reaffirming their unwavering support for Governor Siminalayi Fubara’s administration.
The delegation also dismissed what they described as a deliberate misinterpretation of a recent court ruling concerning the status of the 26 defected lawmakers led by Martin Amaewhule.
The visit follows a press conference purportedly organised by some Rivers State National Assembly members in support of former Speaker Martin Amaewhule and his faction. Leading the delegation was Hon. Awaji-Inombek Abiante of the Andoni-Opobo/Nkoro Federal Constituency, who categorically dismissed claims that the judgement delivered by Justice James Omotosho reinstated Amaewhule and his 26 colleagues, who voluntarily defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The visiting federal lawmakers asserted: “Rt. Hon. Martin Amaewhule and 26 others lost their seats in the Rivers State House of Assembly following their voluntary defection on 11 December 2023. Their cross-carpeting took place on the floor of the House in full public view.”
Hon. Abiante referenced multiple Supreme Court rulings, emphasising that Sections 109(1)(g) and 68(1)(g) of the 1999 Constitution stipulate unequivocally that any elected lawmaker who defects from the political party under which they were elected automatically forfeits their seat.
“The Supreme Court has consistently upheld this position in similar cases, and since no superior ruling has overturned this precedent, the legal position remains clear,” he added.
Abiante further explained that as of 11 December 2023, when Amaewhule and his colleagues publicly declared their defection, they ceased to be members of the Rivers State House of Assembly. He described their continued participation in legislative activities as illegal and unconstitutional.
The lawmakers also dismissed claims that the Federal High Court judgment delivered on 22 January 2024 by Justice Omotosho validated Amaewhule’s group.
“That ruling did not address their defection or their status as former lawmakers. Instead of presenting the truth before the court, Hon. Amaewhule and his group misled the judiciary with false claims,” Abiante stated.
Addressing concerns about the Assembly’s ability to function without the 27 defected members, Abiante cited a Supreme Court ruling delivered by Justice Walter Onnoghen concerning a similar scenario in Plateau State. He clarified that until the vacancies created by the defecting members are filled through by-elections, the Rivers State House of Assembly can only undertake legislative duties that do not require a two-thirds majority, thereby excluding impeachment proceedings.
Abiante and his colleagues called on President Bola Tinubu, the National Judicial Council, the Chief Justice of the Federation, the Inspector General of Police, and all relevant institutions, as well as well-meaning Nigerians, to disregard what they termed the deliberate misrepresentation of facts and the implications of Justice Omotosho’s judgement by Amaewhule and his defected colleagues.
Accompanying Hon. Awaji-Inombek Abiante on the visit were Hon. Boma Goodhead (Akuku-Toru/Asari-Toru Federal Constituency), Hon. Boniface Emerengwa (Ikwerre/Emohua Federal Constituency), Hon. Anderson Igbiks (Okrika/Ogu-Bolo Federal Constituency), and Hon. Manuchim Umezurike (Port Harcourt Federal Constituency).
