REMARKS AT THE VISIT OF RIVERS STATE CAUCUS IN THE HOUSE OF REPRESENTATIVES.

FALSE NARRATIVE BY SOME RIVERS STATE LAWMAKERS IN THE NATIONAL ASSEMBLY, ABUJA: THE TRUE STATE OF AFFAIRS AND SETTING THE RECORDS STRAIGHT ON THE SITUATION IN RIVERS STATE.

PROTOCOLS.

1.) Our attention was recently drawn to a visit as well as a Press Conference by some Rivers State National Assembly members in sympathy with former Speaker of Rivers State House of Assembly, Rt. Hon. Martin Amaewhule and his group-Committee of Former Lawmakers.

2.) At the press conference, the group claimed “to put a stop to the falsehood and misrepresentation of facts on the judgments of courts as it affects the Rivers State House of Assembly and the Governor of Rivers State”.

3.) However, contrary to the false claim by the group, the truth of the matter is that the objective of the Press Conference was to mislead the public on the true situation in Rivers State. It thus becomes necessary on our part to set the records straight and 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.”

4.) 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 does not touch on the status of Rt Hor Martin Amaewhule and his group of 27 as former members of the Rivers State House of Assembly;

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 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 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 Rt. Hon. Martin Amaewhule read out the letters of defection of himself and 26 others on the floor of the Rivers State House of Assembly, they lost their seats and automatically and mandatorily became former members of the House.

e.) The only legal implication of the above is that, Hon Martins Amaewhule and his group of 27, 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.

f.) 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. Unfortunately, it is common knowledge that, Truth exists, and it 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 someday overtake it.

g.) Another material fact is whether the Oko-Jumbo led lawmakers can carry on with businesses of the House after the others 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. However, the rule that applies in the circumstance has long been 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 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.

h.) The Press Statement by the said Rivers Abuja Lawmakers in sympathy with Hon Martins Amaewhule and his group of former lawmakers during their visit which, claims that “there were several reliefs aside from the presentation of the 2024 budget sought by the Rt. Hon. Martins Amaewhule 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, 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 the matter, 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. The judgment of Hon Justice Omotosho does not affect issues not submitted for determination in the case.

i.) 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 of 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 emphasized 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.

5.) It is laughable that the group of former lawmakers led by Rt. Hon. Martin Amaewhule are now claiming that their defection “never took place.” It is unfortunate that these dishonest characters “in the words of Prof. Lumunba are they truly Honourable members or Horrible members?.” had in 2023 found themselves into the House of Assembly of Rivers State as lawmakers but unfortunately, by their own VOLUNTARY defection on the floor of the House on 11th December 2023, got themselves out of the House. Evidence of their defection is everywhere for the public to see including an affidavit sworn before Hon. Justice Okoronkwo. These afterthought and feeble attempts to deceive the public are a waste of time as 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 Amaewhule and his group of ex lawmakers.

6.) 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. 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.”

In the words of Booker T. Washington “A lie doesn’t become truth, wrong doesn’t become right, and evil doesn’t become good, just because it’s accepted by a majority”