Fubara

By Chibuike Nwabuko

ABUJA (PRECISE POST) – Rivers State Government through the Commissioner of Information and Communication, Warisenibo Joe Johnson has reacted to the planned press conference by Rivers Abuja lawmakers and ex-legislators, describing it as a calculated plot to mislead the unsuspecting public on the state of affairs in the state.

The statement titled Setting the records straight on the situation in Rivers State reads in full:

RE: The Planned Press Conference By Rivers Abuja Lawmakers And Group Of Ex-Legislators, Calculated To Mislead The Public On The State Of Affairs In Rivers State

1) Good morning, my good people of Rivers State and beloved fellow Nigerians. We thank you for standing by the truth and the supremacy of the Nigerian Constitution.

2) The attention of the Rivers State Government has just been drawn to a planned Press Conference by some Rivers Lawmakers at the National Assembly in sympathy with former Speaker of Rivers State House of Assembly, Hon Martin Amaewhule, which Press Conference is scheduled to hold later today, Monday, 17th February 2025.

3) In a draft Public Statement slated to be released this afternoon, the group claims that the planned Press Conference is “to put a stop to the falsehood and misrepresentation of facts and judgments of courts as it affects the Rivers State House of Assembly and the Governor of Rivers State”.

4) However, contrary to the false claim by the group, the truth of the matter is that the objective of the planned Press Conference is to mislead the public on the true situation in Rivers State. It thus becomes necessary on our part to set the records straight and to put the public in proper perspective, because lies unrebutted soon overtakes the truth. Besides, as Mark Twain once said, “A lie can travel halfway around the world while the truth is putting on its shoes.”

5) For the avoidance of doubts, we wish to state that the Governor of Rivers State, His Excellency Sir Siminalayi Fubara, GSSRS, is both law-abiding and peace-loving, and accordingly has great respect for the Court of Law and the Nigerian judiciary. The Governor swore on 29th May 2023 to defend the Constitution of the Federal Republic of Nigeria and the Rule of Law which include respect for the court of law.

6) The Governor of Rivers State has not engaged any person or group of persons to mislead the Nigerian public or to twist the state of affairs in Rivers State; the situation in Rivers State, especially as it relates to the 22nd January 2024 judgment of Hon Justice James Omotosho of the Federal High Court, Abuja, is so crystal clear that only enemies of progress can pretend to not know the facts and extent of application of the judgment.

7) To set the records straight, the true position regarding applicability of the judgment of His Lordship, Hon Justice Omotosho in the case of RIVERS STATE HOUSE OF ASSEMBLY Vs. THE NATIONAL ASSEMBLY OF THE FEDERAL REPUBLIC OF NIGERIA (SUIT NO: FHC/ABJ/CS/1613/2023), is as follows:

a. 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 27 as ex-members of the House of Assembly of Rivers State;

b. 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.

c. 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 that the proper and the only interpretation to be given to the provisions of Section 109(1)(g) and Section 68(1)(g) of the Constitution of The Federal Republic of Nigeria, 1999 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 his or her 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 till date on issues of defection of a member of a legislative House in Nigeria. Also, 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.

d. 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, Hon Martin Amaewhule and members of his group had lost their seats and automatically and mandatorily become ex-members of the House.

e. 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 Martin Amaewhule and his group had mandatorily become former members of the Rivers State House of Assembly;

f. 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 are no longer entitled to parade themselves as members of the House or to partake in any businesses or affairs of the House. It is even 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 27 ex-lawmakers to purport to parade themselves as members and or to take part in any proceedings of the House.

g. Unfortunately for Rt Hon Martin Amaewhule and his group, neither the fact of their defection nor any issue relating to their defection nor the issue of their status as ex-members of the House nor of the legal effects of the said defection, was/were raised, submitted and or discussed in the proceedings leading to the 22 January 2024 judgment of Hon Justice Omotosho. In that case Hon Martin Amaewhule and his group (who initiated the lawsuit as claimants) had worked so hard to hide from the Honourable Court, the fact of their earlier defection and its legal effect which is that they were no longer members of the House as of the date of commencement of the lawsuit. It was based on such deception that Hon Justice Omotosho gave its judgment which completely left out the relevant issues and facts. Thus, since the fact of defection and its legal effects were not raised nor argued nor determined in the case, the judgment of Hon Justice Omotosho is legal authority for only the facts in issue and the issues for determination in that case, none of which touches on, nor relates to their defection and its effect which is automatic and mandatory loss of their seats. The effect of their deceptive overtures in the case is that the judgment is unhelpful to them regarding the issue of their defection evidence of which abounds. Instead of placing before the Federal High Court, the truth and material facts about their status as ex-lawmakers, to afford the Honourable Court an opportunity of deciding on the real issues, the claimants in that case (Hon Amaewhule and co) had craftily invented lies and falsehood calculated to mislead the Hon Court into deciding an issue that is not at all in dispute. Unfortunately for them, Truth exists, does not go away just because one has invented lies. In Elvis Pasley’s words, “Truth is like the sun. You can shut it out for a time, but it ain’t goin’ away.” No matter how fast a lie runs, the truth will somedayovertake it. The truth is that the Judgment is legal authority for only what was decided in it, and not for what was not decided in it.

h. Another material fact/issue in Rivers State is whether the remaining minority lawmakers can carry on with businesses of the House after the majority have automatically and mandatorily lost their seats by virtue of their voluntary defection. This issue 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 case of DAPIANLONG V DARIYE when he 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.

i. In the Supreme Court of Nigeria case of P.N. UDOH TRADING CO. LTD V. ABERE (2001) LPELR-2893(SC), Hon Justice Karibi-Whyte, JSC stated that although a judgment of a Court of law creates law, yet the judgment, not being a legislation has no universal effect but is limited to the parties and THE SITUATION IN THE CASE and is not applicable to nor concerned with FACTS NOT BEFORE THE COURT in the case or to similar facts.

j. The planned Press Statement by Rivers Abuja Lawmakers in sympathy with Hon Martins Amaewhule and his group of ex-lawmakers during their scheduled Press Conference, later today, claims that “there were several reliefs aside from the presentation of the 2024 budget sought by the Rt. Hon. Martins Amaewule led Assembly before the Hon. Justice J.K. Omotosho” in FHC/ABJ/CS/1613/2023 (RIVERS STATE HOUSE OF ASSEMBLY V. THE NATIONAL ASSEMBLY OF THE FEDERAL REPUBLIC OF NIGERIA). Contrary to the above false claim by Hon Amaewhule, the truth they have chosen to continue to hide from the public is that none of the said “several reliefs” in that case touches on the two material issues in Rivers State, namely:

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

k. In deciphering what the Court decided in the judgment in FHC/ABJ/CS/1613/2023, it is the contents of the judgment that will be looked at and not what the parties assumed the Court to be saying.This position has been affirmed by the Nigerian appellate Courts. See for example AYITO Vs. COMMISSIONER OF LANDS & HOUSING (CROSS RIVER STATE) & ORS (2021) LPELR-54588(CA) (pp. 28 paras. D). The misleading overtures and shenanigans of Hon Martin Amaewhule and his group cannot make the judgment of Hon Justice Omotosho to become relevant to issues not decided in the case. 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. The law is that 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.

8) In the draft Press Statement planned to be released later today by this group of ex-lawmakers led by Hon Martin Amaewhule, the group claims that their defection “never took place.” It is unfortunate that these dishonest characters had in 2023 found themselves into the House of Assembly of Rivers State as lawmakers. Happily, 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.

9) 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.

10) 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. It was George Washington who advised that

“The Constitution is the ultimate guide which we must never abandon.” In his own words, Abraham Lincoln has this to say about the supremacy of the Constitution: “Don’t interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties.”

11) We shall continue to give you updates as may be necessary.

Long live Rivers State
Long live the Federal Republic of Nigeria
Long live the Rule of Law

Thank you and God bless and prosper you all.

Signed:

Warisenibo Joe Johnson
Hon. Commissioner for Information & Communications
17/02/2025