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Fubara heads to S’Court as Appeal recognises pro-Wike lawmakers

By Seye Olumide (Ibadan), Ann Godwin (Port Harcourt), Ameh Ochojila (Abuja) and  Julius Osahon (Yenagoa)
11 October 2024   |   4:17 am
The marathon game of thrones going on Rivers State between Governor Siminalayi Fubara and Minister of the Federal Capital Territory (FCT), Nyesom Wike, took a new twist yesterday as the Court of Appeal, Abuja division, affirmed Martin Amaewhule...
Rivers State Governor Siminalaye Fubara

• Appeal Court upholds judgment voiding Rivers’ 2024 budget, recognises Amaewhule as Speaker 
• Status quo remains, I only obeyed President’s directive to withdraw initial case, Fubara explains
• AGF: Major issue yet to be addressed on Amaewhule’s membership
• Afenifere chides FG, Wike over political crisis, alleges threat to democracy
• IYC warns Arewa youths to stay off Niger Delta affairs

The marathon game of thrones going on Rivers State between Governor Siminalayi Fubara and Minister of the Federal Capital Territory (FCT), Nyesom Wike, took a new twist yesterday as the Court of Appeal, Abuja division, affirmed Martin Amaewhule as the recognised Speaker of the Rivers State House of Assembly.
   
Wike, who seemed to have taken a hit in the battle of wits with last weekend’s conduct of the local government elections in Rivers, got a momentary lifeline when the three-member panel of the Court of Appeal, in a unanimous judgment, dismissed the appeal filed by Fubara, for lacking in merit.

   
The appellate court firmly upheld the January 22 judgment of the Federal High Court, delivered by Justice James Omotosho, which nullified the 2024 N800 billion Rivers State budget of renewed hope on the grounds that it was not presented before members of the State Assembly as required by law. 
   
The court chided Fubara for not adhering to the rule of law in his actions and held that his decision to present the 2024 Rivers State Appropriation Bill to only four out of 31 members of the Assembly constituted a gross violation of the 1999 Constitution, as amended.
   
The governor, in the 13-ground of appeal sought for the removal of 27 members of the state House of Assembly on account of their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). But, Justice Oyewole held that having failed to challenge the case at the trial court, by withdrawing all the processes (documents), the appellant (Fubara) filed against the suit, and cannot turn around to now seek to appeal the judgment.
   
The court held that Fubara has no basis to bring out the appeal having withdrawn his opposition to the case of the pro-Wike lawmakers at the Federal High Court adding that, the governor, having withdrawn from the case cannot claim to be aggrieved with the well considered judgment of the Federal High Court. 
   
Consequently, the court barred Fubara from intervening in affairs of the House, which has Amaewhule as Speaker, withholding the House of Assembly’s fund and removing the Clerk and Deputy Clerk from the House.  
   
The appellate court also ordered the governor to re-present the budget of the state to the House of Assembly under the recognised Speaker as contained in the judgment of Justice James Omotosho of the Federal High Court, Abuja.
   
The court also ordered a pause on the planned demolition and reconstruction of the Rivers State Assembly complex and also barred the National Assembly from taking over the Rivers House of Assembly or accepting or treating any request from the governor.

NOT daunted by the setback, the governor has decided to appeal the ruling by approaching the Supreme Court to file an application for a stay of execution of the judgment of the Appeal Court. In a statement last night signed by the state’s Attorney General and Commissioner for Justice, D.I. Ibiroma (SAN), he said by the filing of a stay of execution, the status quo remains.
   
According to him, following the crisis in the state Assembly and the intervention of President Bola Tinubu that parties withdraw their cases in court to allow peace to reign, Fubara obeyed the President’s directive and withdrew his cases but Amaewhule and others disobeyed the President and didn’t withdraw theirs, therefore proceeding to obtain a judgment against the governor.

   
Also, the Rivers State Government said the Appeal Court judgment did not establish if Amaewhule and co. are still members of the Assembly or not. Based on that, the state government said, the status quo still remains as the Oko-Jumbo-led assembly remains in charge. 
   
Commissioner for Information and Communications, Joseph Johnson, in his reaction said the state is heading to the Supreme Court, adding that there is nothing to rejoice over by Wike’s camp. He urged the residents to maintain calm, assuring that the supreme court will give final decision on the matter.

REACTING to the developments in Rivers, the Pa Ayo Adebanjo faction of the pan-Yoruba socio-cultural group, Afenifere, yesterday, sued for peace among various political factions in the state.
 
The group said recent developments are not only inimical to Nigeria’s democracy but also portray the country and its citizens as a set of unserious people before the international community.

In a statement jointly signed by the Deputy Leader, Oba Oladipo Olaitan and the National Publicity Secretary, Justice Faleye, Afenifere specifically denounced the growing abuse of power by the Federal Government and its notable agencies.
   
The group described the role played by the critical agencies of the government, including the security agencies in the ongoing Rivers’ political imbroglio, as a calculated attempt to destroy democracy in the country.
 
The statement reads: “Afenifere has been warning of the dangers of the President Bola Tinubu administration’s move towards overcentralised unitarist governance with his attempt to takeover Local Government finance and electoral administration, whose motivation has played out in Rivers with the botched attempt to seize control of the state.
   
“Unable to use other means to frustrate and usurp the Rivers governor, the Federal Government has been used by the governor’s previous godfather, Wike, to go for the jugular by attempting to take over the control of the local governments.
   
“The inherent abuse and inefficiency of our overcentralised structure was deployed in favour of the FCT Minister to pursue his personal political ambitions to undemocratically control the state after falling out with his political protégé.

   
“The attempt by Wike to capture Rivers through local governments, backed by the Tinubu administration, is indicative of how President Tinubu plans to take over the 774 local governments by using INEC to impose local government chairmen in order to create a one party state, as he has done in Lagos State for the last 25 years.
 
“While some state governments in control of their local governments have a chance to resist the imposition of a one party state across the nation by the ruling party, local government chairmen would be mere pawns selected and deselected by an almighty federal government led by a dictator geared towards national capture.”
   
Similarly, the Ijaw Youth Council (IYC) has replied and warned a Northern group, the ‘Arewa Youths For Peaceful Coexistence’ to stay off any matter concerning Niger Delta and its people, stressing that the youths should know their boundary in Nigeria and must not become meddlesome interlopers. 
   
A statement signed by its spokesman, Binebia Princewell, stated that anyone or group of persons fighting against the conduct of the Local Government elections in Rivers and Nigeria in general is an enemy of democracy.
   
The umbrella body of Ijaw youths worldwide said as true democrats that they cannot keep quiet to watch the nations’ democracy wobble without contributing to strengthen it.  The statement advised the Northern group to focus their strengths and press briefings on their Northern region, especially the insurgency that has crippled the economy.

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