Amaewhule, 26 Others Have Lost Their Seats – Rivers NASS Caucus Insists

National Assembly (NASS) members from Rivers State origin, on Monday, February 24, 2025 insisted that the embattled former Speaker of Rivers State House of Assembly and 26 other colleagues cannot overturn the loss of their seats in the current Assembly following their political defection in December 2023.

Speaking with newsmen in Port Harcourt during a solidarity visit to Rivers Assembly Speaker, Rt Hon Victor Oko-Jumbo, the Rivers NASS Caucus led by Hon Inombek Awaji Abiante, harped on the fate of Amaewhule and 26 others against perceived misleading claims made recently by some Rivers NASS members.

Other Caucus members on the visit include Hon. Boma Goodhead of Akuku-Toru/Asari-Toru Federal Constituency, Hon Boniface Emerengwa, Ikwerre/Emohua Federal Constituency, Hon Anderson Allison Igbiks,
Okrika/Ogu-Bolo Federal Constituency and Hon. Manuchim Umezurike, Port Harcourt Federal Constituency 1.

Hon Abiante who declared the support of Rivers NASS Caucus for Rivers State Assembly under Speaker Oko-Jumbo frowned at some Rivers NASS members attempted to twist and mislead the public on 22nd January 2024 judgment of Hon Justice James Omotosho of the Federal High Court, Abuja in the case of Rivers Assembly Vs NASS Suit NO: FHC/ABJ/CS/1613/2023).

The Rivers Reps Caucus Leader stated, “To set the records straight, in the case of Rivers State House of Assembly Vs. The National Assembly of the Federal Republic (SUIT NO: FHC/ABJ/CS/1613/2023), the judgment of Hon Justice Omotosho which was affirmed by the Court of Appeal does not touch nor alter the status of Rt Hon Martin Amaewhule and his group of 26 as ex-members of the House of Assembly of Rivers State;

According to him, “Rt Hon Martin Amaewhule and 26 others had lost their seats in the Rivers State House of Assembly following their voluntary defection/cross-carpeting which happened on the floor of the House of Assembly in the full glare of the public on 11th December 2023.

“In a plethora of cases including DAPIANLONG Vs. DARIYE (2007) 8 NWLR (Pt. 1036) p. 332 (SC) and A.G. FEDERATION Vs. ABUBAKAR ((2007) 10 NWLR (PT 1041) 1 at 178 (SC), the Supreme Court of Nigeria had declared the proper and only interpretation to be given to Section 109(1)(g) and Section 68(1)(g) of the Constitution of The Federal Republic of Nigeria, 1999.

“The provision is that an elected lawmaker 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 his or her defection.

He said, “The pronouncements of the Supreme Court in these cases, having not been set aside nor overruled in any subsequent judgment of the Supreme Court, remain the law till date on issues of defection of a member of a legislative House in Nigeria.

Hon. Abiante cited that “in the case of ABEGUNDE Vs. ONDO STATE HOUSE OF ASSEMBLY (2014) LPELR-23683 (CA), the Nigerian Court of Appeal reiterating the law as affirmed by the Supreme Court, made it clear that loss of seat upon such defection is both AUTOMATIC and MANDATORY.

“The legal effect of these provisions and the Supreme Court judgments is that, as of 11th December, 2023 when Hon. Martin Amaewhule read out the letters of defection of both himself and 26 others on the floor of the Rivers State House of Assembly, he and members of his group had lost their seats and automatically and mandatorily become ex-members of the House.

“This being the position, it is clear beyond any shred of doubts that as of 29th November 2023 when Suit No: FHC/ABJ/CS/1613/2023 (RIVERS STATE HOUSE OF ASSEMBLY Vs. THE NATIONALASSEMBLY OF THE FEDERAL REPUBLIC OF NIGERIA) was initiated before the Federal High Court presided over by Hon Justice Omotosho, Hon Amaewhule and his group had mandatorily become former members of the Rivers State House of Assembly;

“The only legal implication of the above is that unless there is a court pronouncement (coming after 11th December 2023) setting aside or otherwise nullifying the 11th December 2023 defection of Hon Martin Amaewhule and his group of 27, they remain ex-members of the Rivers State House of Assembly, and accordingly no longer entitled to parade selves as members of the House or to partake in any businesses or affairs of the House.

He pointed out that it is a criminal offence under Section 99 of the Constitution of the Federal Republic of Nigeria, 1999, for Hon Martin Amaewhule and any members of his group of 26 ex-lawmakers to purport to parade themselves as members and or to take part in any proceedings of the House.

On whether the remaining minority lawmakers can carry on with businesses of the House after the majority have automatically lost their seats, the Rivers NASS Caucus held that, “This was not raised nor discussed in the Hon Justice Omotosho judgment which is thus inapplicable in the circumstance.

“The rule that applies in the circumstance was as laid down by His Lordship, the Hon Justice Walter Onnoghen, JSC (as he then was), while delivering the lead judgment in the Supreme Court case between DAPIANLONG V DARIYE.

Onnoghen declared that “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 by-election, the Plateau State House of Assembly can only transact such legislative duties that require the participation of less than 2/3 majority of ALL the members of that House, which duties definitely excludes impeachment proceedings. This position is yet to be overruled by any court in Nigeria, and thus remains the law.

“There is the issue of the legal effect of defection of an elected legislator in Nigeria; and whether the remaining minority lawmakers can carry on with businesses of the House after the majority have automatically and mandatorily lost their seats by voluntary defection. The judgment of Hon Justice Omotosho does not affect issues not submitted for determination in the case.

In deciphering what the Court decided in the judgment in FHC/ABJ/CS/1613/2023, Hon. Abiante emphasised that the contents of the judgment should be looked at and not what the parties assumed the Court to be saying, adding that this position has been affirmed by the Nigerian appellate Courts and cited AYITO Vs. COMMISSIONER OF LANDS & HOUSING (CROSS RIVER STATE) & ORS (2021) LPELR-54588(CA) (pp. 28 paras. D) as a case in point.

“Hon Martins Amaewhule and his co-travellers appear to have lost sight of the trite position of the law, that a case is an authority only for what it decides which was emphasised in the Supreme Court case of OGWUCHE Vs. AGBO & ORS (2023) LPELR-60207(SC) (Pp. 23-24 paras. F). The judgment of Hon Justice Omotosho is an authority and relevant only for what it decided.

He noted that the law is that the judgment must always be read in the light of the facts on which the case was decided, and must not be stretched beyond the facts presented before that Court. “See OBIOMA Vs. STATE (2020) 3 NWLR Part 1710 Page 45 at 61 Para D-G per Kekere-Ekun, JSC.”

“By their own voluntary defection on the floor of the House on 11th December 2023, they got themselves out of the House. Evidence of their defection is everywhere for the public to see. These after thought and feeble attempts to deceive the public are a waste of time and efforts by Hon Amaewhule and co.

“Most members of the Nigerian public and legal stakeholders in Nigeria are now too enlightened and too knowledgeable in the situation in Rivers State to be misled by the dishonest antics and laughable volte-face by Hon Martin Amaewhule and his group of ex lawmakers.

“As one who has sworn to defend the Rule of law, the Governor of Rivers State, His Excellency, Sir Siminalayi Fubara will continue to uphold the Nigerian Constitution and the Rule of Law in Rivers State. The Governor has never disrespected and will never disrespect the Court of law.

“We therefore call on the President and Commander-in-Chief of the Federal Republic of Nigeria, His Excellency Senator Ahmed Bola Tinubu, the National Judicial Council, the Chief Justice of the Federation, the Inspector General of Police, all institutions in Nigeria, as well as well-meaning Nigerians to ignore the mischievous and deliberate misrepresentation of the facts and the effect of the judgment of Hon Justice Omotosho on the situation in Rivers State by Hon Amaewhule and co.”

Responding Speaker of Rivers State House of Assembly, Rt Hon Oko-Jumbo, told the visiting NASS lawmakers, “The governor of Rivers State and the State Assembly are too focused to deliver development to the people.

“We will continue to stand by the law as the 27 former lawmakers are gone. The constitution must stand. In Rivers State House of Assembly we will continue to support the governor as we owe our people a duty to fulfill.”