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Why We Restored Amaewhule-led Leadership of Rivers Assembly -S/Court

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Speaker Rivers state Assembly,Hon Martin Amaewhule

By Abdul-Ganiyy, Akanbi

A Certified True Copy (CTC) of the Supreme Court judgment on the political crisis in Rivers State has shed light on why the apex court restored the Hon Martin Amaewhule-led leadership of the State House of Assembly.

Gov Fubara of Rivers State

The apex court in a 62- page judgement obtained on Thursday by our correspondent made it clear that there was no iota or shred of evidence to support the claim of defection made against the 27 members of the House of Assembly from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).

To worsen the situation, the Supreme Court in the judgement signed by Justice Emmanuel Agim said that the Rivers state governor, Siminalayi Fubara who raised the allegations of defection against the 27 lawmakers on his own volition withdrew the allegations at the Federal High Court in Abuja.

By not supporting the defection claim against the Amaewhule-led leadership, the apex court held that in the eyes of the law, no defection has taken place and consequently the status quo in the House of Assembly must remain.

Justice Agim, who endorsed the judgement copy specifically held that there cannot be any House of Assembly unless as prescribed by the 1999 Constitution, adding that the Constitution did not envisage or support the position of governor Fubara to recognize only four members as the authentic House of Assembly.

Consequently, the apex court held that it is an aberration for Governor Fubara to make any request, nominations and presentations to the Rivers State House of Assembly unless the one led by Hon Martin Amaewhule and believed to be loyal to former governor Nyesom Wike faction.

“What is clear from the above concurrent findings is that the 8” respondent (Fubara) started the prevention of the sittings of the Rivers State House of Assembly constituted by the number of members as prescribed by Section 96 of the 1999 Constitution long before the issue of the remaining 27 members defecting to another political party arose.

“The said activities of the 8” respondent (Fubara) were adjudged by the concurrent holdings of the Court of Appeal in its Judgment in Appeal No. CA/ABJ/CV/133/2024 as illegal and unconstitutional long before the allegation of defection started.

“Against the background of these concurrent findings and holdings In the Court of Appeal Judgment in Appeal No.CA/AB)/CV/133/2024, i is reasonable to conclude that the cross appellant’s reliance on Sections 102 and 109 of the Constitution and the doctrine of necessity is to continue his brazen subversion of the Rivers State House of Assembly, The 1999 Constitution and legitimate government in Rivers State.

“Having by his own admission engaged in a series of illegal activities just to prevent the other 27 members of the Rivers State House of Assembly from participating in the proceedings of the House to carry out their legitimate legislative duties which they were elected to do, his resort to Sections 102 and 109 of the 1999 Constitution and the doctrine of necessity on the basis of his allegation that they have defected is a red herring to perpetuate his subversion of the Rivers State House of Assembly, the 1999 Constitution and democratic government in Rivers State.

“The 8th respondent (Fubara) had collapsed the Rivers State House of Assembly. Therefore no question about any member having lost his seat in that House due to defection can validly arise. There must be a House of Assembly for any constitutional processes therein to take place.

“The daim that the 27 members are no longer members of the House on the basis of an alleged defection is a continuation of his determination to prevent them from participating in the proceedings of the House. It Is an engagement in chicanery.

“Sections 102 and 109 of the Constitution cannot be invoked in aid of this unconstitutional enterprise. Section 102. of the Constitution that provides that “A House of Assembly may act notwithstanding any vacancy in its membership and the presence of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate such proceedings”, cannot be relied on to validate the proceedings of a House of Assembly in the absence of over 90% of the members or to justify a vacancy created by the illegal exclusion of a member of the House or to justify the contrived illegal exclusion of 27 members and officials from the House and illegal shutting down of the House by destroying the legislative building and House of Assembly complex and blocking access to the place by legislators and officials of the House.

“A government cannot be said to exist without one of the three arms that make up the Government of a State under the 1999 Constitution. In this case, the Executive arm of the Government has chosen to collapse the Legislature to enable him govern without the Legislature as a despot. As it is there is no government in Rivers State.

“The doctrine of necessity cannot be invoked to justify the continued existence of a deliberately contrived illegal or unconstitutional status quo. It cannot be invoked to justify and protect the illegal actions of the 8” respondent and his despotic rule of Rivers State without a House of Assembly.

“It applies to genuine situations that were not contemplated in the provisions of the Constitution or any law, which situations require the taking of some legitimate extra constitutional or extra legal actions to protect public interest.

“The 8″respondent’s fear of impeachment by the House Assembly is no justification for his attacks on the House of Assembly, the Constitution, the Government of Rivers State and rule of law.

“Political disagreements cannot justify these attacks and contempt for the rule of law by the Governor of a State or any person. What the 8” respondent has done is to destroy the government because of his fear of being impeached.

“In the light of the foregoing, I hold that Cross-appeal No SC/CV/1175A/2024 lacks merit and is hereby dismissed.

“The part of the judgment of the Court of Appeal affirming the judgment of the Federal High Court in Suit No. FHC/AB)/CS/984/2024 is hereby affirmed. The said judgment of the Federal High Court in Suit No.. FHC/AB)/CS/984/2024 is hereby restored.

“For avoidance of doubt it is hereby ordered that the Central Bank of Nigeria and the Accountant General of the Federation should forthwith stop releasing and paying to the Government of Rivers State, its organs, departments and Officials any money belonging to Rivers State until an Appropriation Law is made by Rivers State House of Assembly constituted as prescribed y the !999 Constitution.

“The Rt Honorable Martin Chike Amaewhule and the other 26 members should forthwith resume unhindered sitting as Speaker and members respectively of the Rivers State House of Assembly.

“The Rivers State House of Assembly Should resume sitting with all elected members forthwith.

Politics

ANIBEZE CHIEFTAINCY TUSSLE: Bayelsa Govt Constitutes Fact-finding Committee … Warns Against Ostracism

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Bayelsa state Deputy Governor, Senator Lawrence Ewhrudjakpo,(middle) presiding over the meeting

 

By David Owei,Bayelsa
Bayelsa State Government has constituted a 7-member committee to investigate the immediate and remote causes of the leadership tussle in Anibeze community in Sagbama Local Government Area of the state.

The committee, which is saddled with the responsibility of coming up with recommendations on the dispute over the Anibeze paramount ruler’s position, is also mandated to look into the Bayelsa State Chieftaincy Law as regards individuals who are qualified to be traditional rulers.

The Deputy Governor, Senator Lawrence Ewhrudjakpo, set up the committee on Tuesday at a meeting with stakeholders of Anibeze community and relevant government officials, including the member representing Sagbama Constituency Three at the state House of Assembly, Mrs Ebizi Ndiomu-Brown, in Government House, Yenagoa.

Senator Ewhrudjakpo, spelt out the committee’s terms of reference to include, ascertaining the emergence of the two contending chiefs claiming the paramount ruler position of Anibeze community and identity which of them meets the requirements of the Bayelsa State Chieftaincy Law.

He also charged the committee to confirm from the Ministry of Local Government and Chieftaincy Affairs whether it recognises any of the two chiefs and if the Ministry did, the committee should state why and how the person was recognised.

The deputy governor further directed the committee to liaise with the Anibeze community and initiate the machinery of conducting a new election into the office of the Chairman of the Community Development Committee (CDC) and that of the youth president.

Following the community’s customary practice, the Committee is to also ensure that the position of the CDC chairman should be zoned to the quarters entitled to produce the next chairman.

According to the Deputy Governor, “the committee is to find out if Anibeze has a functional constitution”, adding that ‘if there is none, it should start the process of getting a new constitution to guide the affairs of the community.’

Senator Ewhrudjakpo, who tasked the committee members to equally start the process of conducting election into the office of the youth president, directed them to submit their report within three weeks.

Meanwhile the Deputy Governor, has declared the removal of the current CDC chairman, Mr. Akeni Anthony and youth president, Mr David Ufuana, as illegal, and directed that they should serve out their remaining term before the conduct of fresh elections.

Senator Ewhrudjakpo, who admonished the people of Anibeze community against acts of lawlessness, stressed the need for them to maintain law and order in their community.

He maintained that nobody or group of persons has the right to ostracise any community member, pointing out that such acts violate the constitution of the country.

The Chairman of the Committee is Commissioner for Special Duties, Bayelsa West, Michael Magbisa, while Head of Exco, Deputy Governor’s Office, Mrs Mercy Alafuro, is to serve as Secretary.

Other members are, Special Adviser to the Governor on Chieftaincy Affairs, High Chief Perekeme Bertola, Rural Development Authority Chairman of Toru Abubou, Mr Tarikebi Egbide, Councillor representing Ward 13, Sagbama Local Government, Mr Tari Afenfia, Governor’s Special Representative for Sagbama, Mr Tamunobere Oguoh and Technical Adviser to the governor on Boundary Matters, Vote Salem.

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2027: Early campaigns inappropriate, violate Electoral Act, INEC cautions

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INEC chairman, Prof Mahmood Yakubu
By George Mgbeleke

The Independent National Electoral Commission (INEC) has advised political parties against their current resort to public campaigns ahead of the 2027 General Election, saying such actions are not only inappropriate but also a gross violation of the Electoral Act.

Fielding questions on the current open campaign by some politicians ahead of the 2027  elections, Chief Press Secretary to the INEC chairman, Mr Rotimi Oyekanmi said INEC has not released the timetable and schedule of activities for the 2027 General Elections.
“To that extent, party primaries have not been held and no political party has nominated candidates for the next general elections.

Oyekanmi noted that “while Nigerians have the right and liberty to engage in political discussions and express their views on the next general election, any open campaign or canvassing votes for the 2027 General Election is not only inappropriate but also a violation of the Electoral Act.”

Speaking further, he said, “Section 94(1) of the Electoral Act 2022 stipulates that the period of campaigning in public by political parties for an election shall commence 150 days before polling day and end 24 hours prior to that day.

“Section 95 (1) of the Act also states clearly that a candidate and his or her party shall campaign for an election in accordance with such rules and regulations as may be determined by INEC.

“The attention of all political parties in Nigeria was drawn to this situation at our last quarterly consultative meeting, and the Commission expects full compliance with the law,” he added.

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Senator Yar’Adua dumps APC …says party derails from original ideals,selfish, corrupt

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Senator Abubakar Sadiq Yar’adua

By Our Correspondent

Senator Abubakar Sadiq Yar’adua has formally resigned his membership of the All Progressives Congress ( APC ), citing the party’s departure from its founding ideals and describing the current administration as “selfish and stinkingly corrupt.”

In a strongly worded resignation letter addressed to his colleagues and the Nigerian public, Yar’adua, a founding member of both the defunct Congress for Progressive Change (CPC) and the APC, accused the ruling party of betraying the masses and abandoning its original mission of service to the people.

“I can not remain in a party or support a government that unashamedly watches its citizens being maimed, intimidated, sexually-harassed, assaulted, killed and displaced… while the government, its leadership and organs… remain aloof and unconcerned,” Yar’adua stated.

He further criticized the economic policies of the APC-led government, labeling them “destructive” and targeted at the “welfare, dignity, lands and livelihood” of Nigerians . He likened those in power to “urban bandits” and declared his intention to work with other like-minded individuals to democratically oust the current administration.

His exit marks a significant development in Katsina State politics and could trigger more defections, especially among disillusioned party loyalists.

Yar’adua concluded his statement with a call to action: “I, therefore, have no option other than to join hands with like-minds to democratically remove this bad, selfish and stinkingly corrupt administration.”

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