The Rivers State Government has reaffirmed that the seats of 27 lawmakers who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) in December 2023 remain vacant. The government clarified that no court ruling has reinstated these lawmakers, including Martin Amaewhule, who had previously led a faction of the State House of Assembly.
In a statement released on Thursday by the Rivers State Attorney General and Commissioner for Justice, Israel Dagogo Iboroma, SAN, the government addressed widespread misinterpretations of a recent Court of Appeal judgment in Abuja. The government emphasized that this ruling did not, as some reports suggested, reinstate the defected lawmakers.
Iboroma explained that the lawmakers’ defection triggered Section 109(1)(g) of the Nigerian Constitution, which mandates that any lawmaker who switches political parties must vacate their seat unless the party they defect from is involved in a merger, division, or faction. The 27 lawmakers, led by Amaewhule, defected from the PDP to the APC on December 11, 2023. As a result, their seats were considered automatically vacated under the constitutional provision.
“The issue of the defection of Martin Amaewhule and 26 others was never before the Federal High Court or the Court of Appeal,” Iboroma clarified in his statement. “No court has legitimized their continued membership in the Rivers State House of Assembly following their defection.”
The Attorney General addressed public confusion surrounding the recent Court of Appeal ruling, which some had interpreted as a victory for Amaewhule and his group. Iboroma emphasized that the case before the court had nothing to do with the lawmakers’ defection but rather focused on the 2023 Appropriation Law and the intervention of the National Assembly in Rivers State’s legislative affairs. The National Assembly had temporarily taken over legislative functions in the state due to the leadership crisis.
Iboroma explained that the state’s appeal to challenge the National Assembly’s involvement was dismissed by the Court of Appeal, but this ruling had no bearing on the status of the defected lawmakers. “There is a wave of false reports suggesting that Amaewhule and the others remain in the Assembly with him as Speaker. This is patently untrue,” Iboroma stated.
The Attorney General criticized the deliberate spread of misinformation about the court’s judgment and reassured the public that the government was taking all necessary legal steps to address the situation.
According to Iboroma, the 1999 Constitution clearly outlines the consequences for lawmakers who switch political parties without legal justification. Section 109(1)(g) of the Constitution explicitly states that a member of a state House of Assembly must vacate their seat if they defect from the party that sponsored them, unless their former party is experiencing division or has merged with another party.
In the case of Amaewhule and the 26 other lawmakers, Iboroma maintained that their defection from the PDP to the APC did not meet any of the constitutional exceptions. Therefore, their seats in the Rivers State House of Assembly were considered vacant as of their defection date.
“The law is clear on this issue,” Iboroma stressed. “The moment these lawmakers left the PDP for the APC without a constitutional excuse, they automatically forfeited their seats.”
The Attorney General also criticized attempts to present Amaewhule as still holding the position of Speaker in the Assembly. “These claims are not only misleading but legally unsound,” he said.
In response to the dismissal of its appeal regarding the 2023 Appropriation Law, the Rivers State Government has announced its intention to take the case to the Supreme Court. The government will also file an application for a stay of execution to maintain the current legal status quo while the case is under review.
“The state government is committed to ensuring that justice prevails in this matter,” Iboroma said. “We are confident that the Supreme Court will provide clarity and uphold the rule of law in regard to the vacant seats of the defected lawmakers.”
Governor Siminalayi Fubara has also weighed in on the matter, urging the people of Rivers State to remain calm and disregard any misleading reports about the court’s ruling. According to the governor, the state’s legal team is working diligently to resolve the issue and protect the integrity of the legislative process.
The crisis in the Rivers State House of Assembly began in late 2023 when 27 lawmakers, led by Martin Amaewhule, defected from the PDP to the APC. This defection occurred amid growing political tensions between different factions in the state, as well as a broader national trend of lawmakers switching parties.
The defection sparked a legal and political crisis, as the Rivers State Government insisted that the lawmakers had forfeited their seats under the provisions of the Constitution. The situation escalated when the National Assembly temporarily took over legislative functions in Rivers State, citing a breakdown in leadership and the inability of the state’s lawmakers to perform their duties.
The Rivers State Government challenged this intervention, arguing that the state legislature should retain its autonomy. The case eventually reached the Court of Appeal, which recently ruled against the state’s appeal. However, as the Attorney General has clarified, this ruling only addressed the issue of the National Assembly’s intervention and did not reinstate the defected lawmakers.
With the Rivers State Government preparing to take its case to the Supreme Court, the legal battle over the status of the defected lawmakers is far from over. Meanwhile, the state’s legislative activities have been disrupted, with key decisions and policies being delayed due to the ongoing crisis.
As the legal process continues, political analysts and observers will be watching closely to see how the situation unfolds. The outcome of the case will have significant implications not only for the defected lawmakers but also for the future of political party loyalty and legislative stability in Nigeria.
For now, the Rivers State Government remains firm in its stance that the seats of the defected lawmakers are vacant and that no court has overturned this constitutional position. The coming months will reveal whether the Supreme Court will uphold this interpretation or rule in favor of the defected lawmakers.
