You are not alone, Rivers NASS caucus assures Pro-Fubara Speaker, Oko-Jumbo

Lawmakers from Rivers State in the National Assembly have assured pro-Governor Siminalayi Fubara lawmakers, led by Speaker Victor Oko-Jumbo, that he is not alone in the fight for justice and true democracy in Rivers State.

The NASS Caucus, led by Awaji-Inombek Abiante, a member representing Andoni-Opobo/Nkoro Federal Constituency, assured Oko-Jumbo that National Assembly lawmakers from Rivers State stand firmly with him.

Abiante, therefore, urged President Bola Tinubu, the National Judicial Council, the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, the Inspector General of Police, Kayode Egbetokun, and other institutions in the country to caution pro-Nyesom Wike lawmakers, led by Martins Amaewhule, against distorting facts about Justice James Omotosho’s judgment.

The NASS Caucus made this call on Monday during a solidarity visit to the Oko-Jumbo-led Assembly, warning that Amaewhule’s continuous false claims could lead to a breakdown of law and order, necessitating immediate caution.

The Caucus members who paid the visit are those loyal to Governor Fubara. They include: Boma Goodhead, representing Akuku-Toru/Asari-Toru Federal Constituency; Boniface Emerengwa, representing Ikwerre/Emohua Federal Constituency; Anderson Allison Igbiks, representing Okrika/Ogu-Bolo Federal Constituency; and Manuchim Umezurike, representing Port Harcourt Federal Constituency.

Last week, the NASS Caucus loyal to Wike, led by Kingsley Chinda, a member representing Obio-Akpor Federal Constituency, also paid a solidarity visit to the Amaewhule group and urged Governor Fubara to obey the court judgment by recognizing Amaewhule as the Speaker of the Rivers State House of Assembly.

Speaking on Monday, however, the leader of the pro-Fubara Caucus group, Abiante, insisted that the judgment of Hon. Justice Omotosho did not address the status of Rt. Hon. Martin Amaewhule and his group of 26 lawmakers.

Abiante described last week’s visit and press conference by some Rivers State National Assembly members in sympathy with Amaewhule as a total “distortion of facts.”

He said, “Rt. Hon. Martin Amaewhule and 26 others lost their seats in the Rivers State House of Assembly following their voluntary defection/cross-carpeting, which occurred on the floor of the House in the full glare of the public on December 11, 2023.”

Abiante, citing multiple similar cases, noted that the Supreme Court of Nigeria had declared that the proper and only interpretation of Sections 109(1)(g) and 68(1)(g) of the 1999 Constitution (as amended) is that “an elected lawmaker in Nigeria who, after an election on the platform of a particular political party, defects to another political party automatically loses his seat in the affected legislative house from the date of defection.”

“The pronouncements of the Supreme Court of Nigeria in these cases, having not been set aside nor overruled in any subsequent judgment of the Supreme Court, remain the law to date on the issue of defection of a member of a legislative house in Nigeria,” he added.

He further explained that the legal effect of these provisions and Supreme Court judgments is that “as of December 11, 2023, when Rt. Hon. Martin Amaewhule read out the letters of defection of himself and 26 others on the floor of the Rivers State House of Assembly, they lost their seats and automatically became former members of the House.”

According to Abiante, the only legal implication of this is that Hon. Martins Amaewhule and his group of 27 remain former members of the Rivers State House of Assembly and are no longer entitled to parade themselves as members of the House or partake in any legislative business.

“It is worthy to note that neither the fact of their defection nor any issue relating to their status as former lawmakers was raised, submitted, or discussed in the proceedings leading to the January 22, 2024, judgment of Hon. Justice Omotosho.

“Instead of presenting the truth and material facts about their status as ex-lawmakers to the Federal High Court, allowing the Honourable Court an opportunity to decide on the real issues, the claimants in that case (Hon. Amaewhule and co.) craftily invented lies and falsehoods to mislead the Honourable Court,” he said.

On whether the Rivers State House of Assembly, as presently constituted, can carry out actual legislative functions, Hon. Abiante referenced Justice Walter Onnoghen’s judgment on the Plateau State Assembly, wherein he ruled:

“There is no doubt that there existed in the Plateau State House of Assembly 14 vacant seats as a result of cross-carpeting. It is my view that until the vacancies created by the carpet-crossing members are filled by the process of a by-election, the Plateau State House of Assembly can only transact such legislative duties that require the participation of less than a two-thirds majority of ALL the members of that House, which duties definitely exclude impeachment proceedings.”

Responding, the Speaker of the Rivers State House of Assembly, Rt. Hon. Victor Oko-Jumbo, thanked the Caucus for their solidarity visit and assured them that the House would continue to enact laws for the betterment of the Rivers people.

Oko-Jumbo expressed gratitude to the NASS Caucus for standing in solidarity with them, stating that the visit had rekindled their hope.

He declared, “The former 27 lawmakers are gone. We have too much at stake to abandon the ship. The Governor is too focused on delivering good governance to the people, and we, the Assembly members, are too focused on delivering our mandate.”