Rivers State caucus in the House of Representatives have insisted that Martin Amaewhule and 26 other lawmakers loyal to the Minister of the Federal Capital Territory, Nyesom Wike have lost their seats because of their defection from the Peoples’ Democratic Party to the All Progressives Congress.

This is as the federal lawmakers said Amaewhule and his colleagues should be ashamed of themselves for denying that they never defected, describing their action as unfortunate.

While expressing their support for the Rivers State Governor, Siminalayi Fubara, they expressed dismay over the recent visit of some members of the National Assembly to the pro-Wike Speaker (Amaewhule) to according to him deceive Rivers people.

Leader of the House of Representative Caucus from the state and member representing Andoni-Opobo/Nkoro Federal Constituency in the Green Chamber, Awaji-Inombek Abiante, stated this when he led a delegation on a solidarity visit to the Speaker of the State House of Assembly, Victor Oko-Jumbo in Port Harcourt on Monday.

This came barely a fortnight ago after a similar caucus in the National Assembly led by Senator Barinada Mpigi led a delegation on a solidarity visit to Amaewhule in Port Harcourt wherein he called on Governor Siminalayi Fubara to obey extant court judgements.

Abiante alleged that the Mpigi-led delegation willfully distorted the facts about Justice James Omotosho’s judgment, saying the judge did not touch on the status of Rt. Hon Martin Amaewhule and the other lawmakers who he described as a ‘committee of friends and former members of the Rivers State House of Assembly;

He stated, “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.”

Abiante who made reference to related cases at the Supreme Court of Nigeria noted that the proper and only interpretation to be given to the provisions of Section 109(1)(g) and Section 68(1)(g) of the Constitution of the 1999 Federal Republic of Nigeria 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 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 the election of a member of a legislative House in Nigeria,” he stated.

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

He said the only legal implication is that Amaewhule and the 26 others remain former 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 business or affair of the House.

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

“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) craftily invented lies and falsehood calculated to mislead the Honourable Court.”

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

The Speaker of the State House of Assembly, Victor Oko Jumbo lauded the caucus for the solidarity visit and promised that the House would continue to make laws for the betterment of the Rivers people, as well as maintain their support for Governor Fubara.

Oko-Jumbo stated, “Thank you for standing in solidarity with the Rivers State House of Assembly. Your visit has rekindled hope in us. 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. We will continue to stand for what is right and our duties are to make laws for the betterment of our people. That is our focus.”

He continued, “We will continue to stand on the rule of law. The Constitution of the Federal Republic of Nigeria as amended cannot be changed because 27 former lawmakers loyal to their godfather in Abuja decided to defect, which of course was done on their volition.”

Aside from Hon. Abiante, other members of the National Assembly included the member representing Akuku-Toru/Asari-Toru Federal Constituency, Hon. Boma Goodhead, the member representing Ikwerre/Emohua Federal Constituency, Boniface Emerengwa.

Others are Anderson Allison Igbiks, representing Okrika/Ogu-Bolo Federal Constituency and Manuchim Umezurike who represents Port Harcourt Federal Constituency 1, in the House of Representatives.