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Rivers crises: Dissatisfied over appeal court judgement, Fubara heads to supreme court

The Rivers State Government has responded to the Court of Appeal’s decision, which upheld the Federal High Court’s ruling that nullified the N800 billion budget passed by four members of the Rivers State House of Assembly, led by Edison Ehie.

In a statement signed on Thursday by the Attorney General and Commissioner for Justice, Israel Dagogo Iboroma, SAN, the state government emphasised that the Appeal Court’s judgment did not reinstate the Martin Amaewhule-led faction of the assembly.

Justice Iboroma clarified that Amaewhule and 26 others had defected from the Peoples Democratic Party, PDP, to the All Progressives Congress, APC, on December 11, 2023, resulting in their seats automatically becoming vacant.

The Attorney General further noted that the issue of their defection was never presented before either the Federal High Court or the Court of Appeal, and no court has legitimised their membership in the assembly following their defection.

Iboroma said: “Today, the 10th day of October 2024, the Court of Appeal, Abuja Division dismissed Appeal No. CA/ABJ/133/CS/2024 filed by His Excellency, the Governor of Rivers State against the judgment of the Federal High Court, Abuja Division in suit No. FHC/ABJ/133/CS/2023 delivered on the 22nd day of January, 2024.

“It is important to state the facts and history of the case and the appeal thereof.

“On the 30th day of October, 2023, after the failed attempt to impeach His Excellency, the Governor of Rivers State, the Rivers State House of Assembly became polarised into two factions.

“The faction led by Martin Amaewhule proceeded to the Federal High Court, Abuja Division and filed Suit No. FHC/ABJ/1613/CS/2023, on the 29th day of November, 2023.

“Subsequently, on the 11th day of December, 2023, Martin Amaewhule and others defected from the Peoples Democratic Party that sponsored their election in the 2023 Legislative Assembly Election, to the All Progressives Congress.

“By operation of law, particularly Section 109(i) (g) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Martin Amaewhule and 26 others automatically lost their seats as members of the Rivers State House of Assembly on the 11th day of December, 2023, as Section 109(1)(g) is self executory as no court order is required thereof.

“His Excellency, the Governor of Rivers State on the 13th day of December, 2023, presented the 2024 Appropriation Bill to the Rivers State House of Assembly, led by Rt. Hon. Edison Ehie, who was recognized as the Speaker of the Rivers State House of Assembly at the time.

“The Appropriation Bill was later passed into law and became the Appropriation Law of 2024. An appropriation law is a state law within the purview of the High Court of Rivers State.

“Following the crisis in the Rivers State House of Assembly and the intervention by the President of the Federal Republic of Nigeria, that the parties withdraw their cases in Court, to allow peace reign, His Excellency the Governor of Rivers State obeyed the President’s directive and withdrew his cases and the processes he filed in Suit No FHC/ABJ/1613/CS/2023.

“Martin Amaewhule and others disobeyed the President and did not withdraw Suit No. FHC/ABJ/1613/CS/2023 and proceeded to obtain judgment against His Excellency, the Governor of Rivers State.

“After the judgment of the Court of Appeal today, there is a gale of misrepresentation and misinterpretation that Martin Amaewhule and 26 others remain members of the Rivers State House of Assembly with Martin Amaewhule as the speaker thereof. This is patently false.

“The defection of Martin Amaewhule and 26 others was not an issue for determination in the Federal High Court, Abuja and the Court of Appeal.

“What was in issue was the 2023 Appropriation Law and the National Assembly taking over the legislative functions of the Rivers State House of Assembly.”

The Attorney General further stated that Governor Siminalayi Fubara has directed that the judgment be appealed to the Supreme Court.

“Dissatisfied with the judgment of the Court of Appeal, Abuja Division, His Excellency, the Governor has directed his lawyers to file an appeal against the judgment of the Court of Appeal to the Supreme Court and also file an application for stay of execution of the judgment of the Court of Appeal. That maintains the status quo.

“Accordingly, His Excellency, the Governor of Rivers State urges the good people of Rivers State to ignore the purveyors of fake news bent on misleading the good people of Rivers State, ” the Attorney-General added.

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Politics

ZLP clinches 15 chairmanship seats, YPP 2 in Abia LG election

The Zenith Labour Party (ZLP) has won 15 out of 17 local government areas in the local government election conducted in Abia State on Saturday.

Chairman of the Abia State Independent Electoral Commission (ABSIEC), Prof Chima George, disclosed that ZLP won the 15 LGAs while announcing the results of the election.

Prof George announced that the Young Progressives Party (YPP) won in the Osisioma and Ugwunagbo local government areas of the State.

The Abia local government election results were announced by ABSIEC Chairman at the commission’s headquarters in Umuahia, where he said said that the chairmanship and councillorship polls took place in the 17 Local Government Areas (LGAs) and that the exercise was “free fair and credible”.

“We have carried out the duty we were inaugurated on September 5 to undertake. It was not an easy task, but we went out on our way to create awareness about the elections across the state.

“It must be noted that, in recent times, this commission has not conducted an election where over 12 political parties took part, this on its own is a plus to the commission,” George said.

He stressed the election was a demonstration of the commission’s dedication, focus and efficiency. He expressed joy that the commission successfully completed, in just two months, a task that typically required six to 12 months of effort.

“I congratulate the winners and the losers too, because in any election there must be winners and losers. The most important thing is that Abia has been peaceful and I want the peace to continue.

“I appreciate the security agencies for their support, political parties for playing the game according to the rule,” George said.

TNG reports ZLP won in Isiala Ngwa South, Isiala Ngwa North, Umuahia North, Umuahia South, Ukwa East, Ukwa West, Obingwa, Aba North, Aba South, Isuikwuato, Umunneochi, Arochukwu, Bende, and Ohafia LGAs, while the remaining two LGAs of Osisioma and Ugwunagbo were won by YPP.

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Politics

Our Chairman not in contempt of court – INEC replies SERAP

The Independent National Electoral Commission, INEC, has refuted accusations by the Socio-economic Rights and Accountability Project, SERAP, that its chairman, Prof. Mahmood Yakubu flouted a court order regarding the prosecution of electoral offenders.

INEC National Commissioner and Chairman of Information and Voter Education Committee, Sam Olumekun, said this in a statement Wednesday in Abuja.

Olumekun said the commission’s attention was drawn to media reports attributed to SERAP accusing the Commission of failure or neglect to prosecute electoral offenders arising from the 2023 General Election.

Recall that SERAP had specifically accused the Commission of failure to engage independent counsels to prosecute unnamed Governors and Deputy Governors for sundry violations of electoral laws.

SERAP also accused the Commission of failing to engage private lawyers to prosecute other electoral offences, including vote buying during the same election. These allegations are untrue in the face of facts already in the public domain, the agency said.

Reacting, INEC said Governors and Deputy Governors have constitutional immunity from prosecution and that SERAP cannot be unaware of this constitutional provisions.

The electoral umpire further stated that in any case, it has no record that any of them has been arrested, or investigated and a prima facie case was established to initiate their prosecution.

“Furthermore, if SERAP had done a basic fact check, it would have known that at the end of the 2023 General Election, the Commission announced that it received 215 case files from the Nigeria Police following the arrest and investigation of alleged violators of the electoral laws across the country.

These include 52 files involving 238 alleged offenders during the Presidential and National Assembly elections and 163 files in respect of 536 suspects for the Governorship and State Assembly elections.

“It is important to also inform the public that the Commission’s commitment to the prosecution of electoral offenders is not limited to persons who are outside the Commission.

Indeed, officials of the Commission, some of them highly placed, have been affected, including a Resident Electoral Commissioner (REC) currently being prosecuted in a High Court in Yola,” INEC said.

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Politics

Ondo guber: Parties to sign peace accord November 8

The various political parties participating in the forthcoming Ondo State governorship election will sign a Peace Accord on November 8.

The National Peace Committee and the Independent National Electoral Commission, INEC, coordinated the initiative aimed at securing a peaceful election process.

INEC Chairman, Prof. Mahmood Yakubu, announced this on Thursday in Abuja, saying the Commission has identified potential flashpoints in Ondo and alerted security agencies for effective conflict mapping.

Speaking during the fourth quarterly meeting with Civil Society Organizations, CSOs, Yakubu noted that INEC would conduct a final readiness assessment next week, involving stakeholders, officials, security agencies, and transport providers.

The INEC boss also shared that the Permanent Voter’s Cards, PVC collection period concluded recently, with 64,273 out of 89,777 PVCs distributed—a collection rate of 71.6%.

He credited CSOs with helping mobilize voters for card collection and indicated that INEC would publish cumulative PVC collection figures by polling unit on its website.

Yakubu expressed satisfaction with improvements to the voter accreditation process and result upload procedures, as well as enhancements in media and observer accreditations.

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