RIVERS ASSEMBLY CRISIS: FALANA FAULTS AMAEWHULE SITTING

Senior Advocate of Nigeria, Femi Falana, has faulted Monday’s sitting of the Martin Amaewhule-led Assembly.

On Monday, the Martin Amaewhule-led Assembly held a sitting at the State Assembly official quarters along Aba Road, Port Harcourt. The house leader, Major Jack, displayed copies of last week’s Appeal Court judgment and that of Justice Omotosho, which ruled in their favor in January, recognizing Mr. Amaehule as the speaker. They issued a seven-day ultimatum to Governor Siminalayi Fubara to present the 2024 budget to them. Mr. Amaewhule read a letter that they plan to send to the governor. In the letter dated 8 July, they barred the government from spending from the state’s Consolidated Revenue Fund. They accused the governor of breaching some sections of the 1999 Constitution and the Rivers State Local Government Amended Law 2023, among others. They said the governor’s dealings with and recognition of the Assembly, made up of the said suspended lawmakers, constituted gross misconduct and abuse of office.

But Mr. Falana said Amaewhule and his colleagues were no longer lawmakers in Rivers State following their defection last year. The lawyer said they can only return as lawmakers if reelected. “Twenty-five of them, if they claim they are legislators and they pass any bill, anybody can go to court and challenge it, unless they want to have some political solutions and the political solution will mean that those who have left should go back to the electorate for renewal of their mandate. Once you decamp, you automatically lose your seat, you have to go and test your popularity before the electorate,” Falana said. “Are they saying they are still members of PDP or what?”

Mr. Falana also said the Court of Appeal only ruled on the jurisdiction of the State High Court and not on the status of Martin Amaewhule and others. He said the Appeal Court ruling does not mean they could now carry out their legislative duties as lawmakers. “The Court of Appeal did not say that they remain lawmakers; because they had left their seats, it’s automatic,” Mr. Falana asserted. “The Court of Appeal simply said the State High Court had no jurisdiction in the matter and the case was struck out. The court did not say, ‘You will hereby remain legislators in Rivers State’. No! That Judgement did not say, ‘You are, hereby, restored.’ The Court of Appeal couldn't have done that because the matter of their membership of the House was not before the Court of Appeal. Unless they can get a Judgment from the Federal High Court, saying you ‘remain Legislators’, they have gone!”

Monday’s sitting followed last Wednesday’s ruling of the Court of Appeal, which dismissed a State High Court ruling that sacked them as members of the Rivers State House of Assembly. Recall that Mr. Amaewhule and 25 others defected from the PDP to the APC on 11 December 2023, citing division in the PDP as a reason. But the PDP said there was no division. Three cases are in court seeking the court to interpret Section 109, Subsection G, of the Nigerian Constitution, which states that lawmakers lose their seats when they defect. No court has ruled on their status so far. One of the cases is due to be heard on 17 July.

Falana is only a good lawyer on television and newspapers, even charge and bail lawyers always beat him in court

Falana should provide the evidence of them decamping. I mean documentary evidence where they signed letter of resignation from the PDP. .... and also provide letter or membership registration of the APC. Those declaratory videos of decamping are nothing but just declaratory videos. It is not a proof of decampment

But what were they thinking ?

It doesn't matter the judgement obtained under any presence, the constitution is very direct on law makers forfeiting their position upon defection.

Because some shenanigans were able to get away with it in the past does not mean that every Tom, d!ck and Harry will likewise do.

SIM should descend on these Wike Urchins and bury them once and for all.

He's the Governor of Rivers State and should act as such.

Same Wike that thinks Rivers is Lagos, would not have tolerated such.

Las Las, Thiefnibuu is a bad role model. Oshio tried to copy and was put in his place by Obaseki, now Wike wants to copy him.

weyreypey:
Falana should provide the evidence of them decamping. I mean documentary evidence where they signed letter of resignation from the PDP. .... and also provide letter or membership registration of the APC. Those declaratory videos of decamping are nothing but just declaratory videos. It is not a proof of decampment

People who read their defection letters on the floor of the house and swore affidavits on oath? I swear some of you have ewedu for brains... its the only reason why people like Wike and Tinubu, men whose IQs are not much higher than yours treat you like scum and you cheer and defend... 😒😒... or is there something in the water you folks drink? 🤔

That’s the way it should be for now.

That’s the position per the Supreme Court ruling in 2012. One wonders where the confidence and hope come from with the Wike/Amaewhule side.

Mr. Falana put it the way it should be. He said their defection means their loss of their seat become “automatic”.

They are in delusion and claiming not to have decamped is tantamount to fools paradise. Again, they on their own made reference to their defection in one of the matters with the courts. Or e of them Alabo George declared after the meeting last December that they would not return to PDP. Sadly, those among them who were first time legislators lost their seats. Their constituents do not have representation as it stands.

In all Fubara went ahead of them again with the courts yesterday. How they intend to navigate these hurdles is yet to be seen.

There is no need to delay. INEC must do the needful by organizing by elections to fill the seats.

Falana is now the law himself.

Sir, how can you proof their defection in court.

How will a mere AI generated video of the 25 law makers that circulated on the social media translate to defection.

Righthussle:
Falana is now the law himself.

Sir, how can you proof their defection in court.

How will a mere AI generated video of the 25 law makers that circulated on the social media translate to defection.

Dear Lord! 🤦🏾‍♂️... no wonder Tinubu is riding roughshod over us all... I repeat Dear Lord!! 🤯

phantom:


Dear Lord! 🤦🏾‍♂️... no wonder Tinubu is riding roughshod over us all... I repeat Dear Lord!! 🤯

And you support another rubbish in fubara

senatordave1:


And you support another rubbish in fubara

Of course I don't but he learnt well from Wike... none of you coughed when Wike lorded over every one this past 8years.. now you've all found your voices? 🤦🏾‍♂️

JAMO84:
Falana is only a good lawyer on television and newspapers, even charge and bail lawyers always beat him in court

He is working for the money paid to him.

weyreypey:
Falana should provide the evidence of them decamping. I mean documentary evidence where they signed letter of resignation from the PDP. .... and also provide letter or membership registration of the APC. Those declaratory videos of decamping are nothing but just declaratory videos. It is not a proof of decampment

Can you define cross carpeting
And how is cross carpeting done

phantom:


Of course I don't but he learnt well from Wike... none of you coughed when Wike lorded over every one this past 8years.. now you've all found your voices? 🤦🏾‍♂️

Guy,go back to 2015 and 2019 rivers elections thread.i was the only one virtually opposing wike.

mrvitalis:

Can you define cross carpeting
And how is cross carpeting done

It is done when you write a letter of defection to the speaker and it is read on the floor of the assembly or when you write a letter of resignation to your party

senatordave1:


It is done when you write a letter of defection to the speaker and it is read on the floor of the assembly or when you write a letter of resignation to your party

The first part of your answer was done

Left the party or not you crossed carpeted or what ever it's called

Even though I have no much legal knowledge but I think Falana is right on this

Falana and Aries TV are the ones fooling FUBARA. Falana expressing his opinion not exactly what the law said , and everyone has constitutional rights to his/ her opinions. FUBARA should understand that

weyreypey:
Falana should provide the evidence of them decamping. I mean documentary evidence where they signed letter of resignation from the PDP. .... and also provide letter or membership registration of the APC. Those declaratory videos of decamping are nothing but just declaratory videos. It is not a proof of decampment

Documentary evidence are everywhere, so you dont know?

There was a resolution in the house where every member signed including the speaker and they also came on National tV to declare

weyreypey:
Falana should provide the evidence of them decamping. I mean documentary evidence where they signed letter of resignation from the PDP. .... and also provide letter or membership registration of the APC. Those declaratory videos of decamping are nothing but just declaratory videos. It is not a proof of decampment

Someone was arrested for suspected murder. He confessed on Camera that he committed the crime and gave his reasons. There was nobody that actually saw him carrying the act, it was just based on his declaration. The judge sentenced him despite no concrete proof of him committing the act. Do you think the judge was wrong?

weyreypey:
Falana should provide the evidence of them decamping. I mean documentary evidence where they signed letter of resignation from the PDP. .... and also provide letter or membership registration of the APC. Those declaratory videos of decamping are nothing but just declaratory videos. It is not a proof of decampment

Your display of foolishness is unique at its own level

All of a sudden, Agbadorians have started hating Falana who is a well respected SAN in this country and their fellow Omoluabi.
Very soon they will label him an Ipob.

phantom:
RIVERS ASSEMBLY CRISIS: FALANA FAULTS AMAEWHULE SITTING

Senior Advocate of Nigeria, Femi Falana, has faulted Monday’s sitting of the Martin Amaewhule-led Assembly.

On Monday, the Martin Amaewhule-led Assembly held a sitting at the State Assembly official quarters along Aba Road, Port Harcourt. The house leader, Major Jack, displayed copies of last week’s Appeal Court judgment and that of Justice Omotosho, which ruled in their favor in January, recognizing Mr. Amaehule as the speaker. They issued a seven-day ultimatum to Governor Siminalayi Fubara to present the 2024 budget to them. Mr. Amaewhule read a letter that they plan to send to the governor. In the letter dated 8 July, they barred the government from spending from the state’s Consolidated Revenue Fund. They accused the governor of breaching some sections of the 1999 Constitution and the Rivers State Local Government Amended Law 2023, among others. They said the governor’s dealings with and recognition of the Assembly, made up of the said suspended lawmakers, constituted gross misconduct and abuse of office.

But Mr. Falana said Amaewhule and his colleagues were no longer lawmakers in Rivers State following their defection last year. The lawyer said they can only return as lawmakers if reelected. “Twenty-five of them, if they claim they are legislators and they pass any bill, anybody can go to court and challenge it, unless they want to have some political solutions and the political solution will mean that those who have left should go back to the electorate for renewal of their mandate. Once you decamp, you automatically lose your seat, you have to go and test your popularity before the electorate,” Falana said. “Are they saying they are still members of PDP or what?”

Mr. Falana also said the Court of Appeal only ruled on the jurisdiction of the State High Court and not on the status of Martin Amaewhule and others. He said the Appeal Court ruling does not mean they could now carry out their legislative duties as lawmakers. “The Court of Appeal did not say that they remain lawmakers; because they had left their seats, it’s automatic,” Mr. Falana asserted. “The Court of Appeal simply said the State High Court had no jurisdiction in the matter and the case was struck out. The court did not say, ‘You will hereby remain legislators in Rivers State’. No! That Judgement did not say, ‘You are, hereby, restored.’ The Court of Appeal couldn't have done that because the matter of their membership of the House was not before the Court of Appeal. Unless they can get a Judgment from the Federal High Court, saying you ‘remain Legislators’, they have gone!”

Monday’s sitting followed last Wednesday’s ruling of the Court of Appeal, which dismissed a State High Court ruling that sacked them as members of the Rivers State House of Assembly. Recall that Mr. Amaewhule and 25 others defected from the PDP to the APC on 11 December 2023, citing division in the PDP as a reason. But the PDP said there was no division. Three cases are in court seeking the court to interpret Section 109, Subsection G, of the Nigerian Constitution, which states that lawmakers lose their seats when they defect. No court has ruled on their status so far. One of the cases is due to be heard on 17 July.

The PDP said they are still members of the PDP, so what is falana talking about?

Falana is not a Court of Law. He is entitled to his opinion sha. There is a subsisting order of the FHC validating Amaewhule's role as Speaker.

Until the above order has been vacated, Hon. Martins Chike Amaewhule remains the Speaker RSHA.

Besides, what law or court order is giving validity to the Oko Jumbo-led faction? Absolutely none!

Hoelujohn:

Someone was arrested for suspected murder. He confessed on Camera that he committed the crime and gave his reasons. There was nobody that actually saw him carrying the act, it was just based on his declaration. The judge sentenced him despite no concrete proof of him committing the act. Do you think the judge was wrong?

The man can admit he committed the crime if he's tortured. If he shows evidence he was tortured by the NPF to get information, the judge will dismiss the case and set the man free.

weyreypey:
Falana should provide the evidence of them decamping. I mean documentary evidence where they signed letter of resignation from the PDP. .... and also provide letter or membership registration of the APC. Those declaratory videos of decamping are nothing but just declaratory videos. It is not a proof of decampment

They have affidavit in court already

Falana is now old and needs to be ignored

Paraman:
The PDP said they are still members of the PDP, so what is falana talking about?

PDP: They are our members and they never left the party.

APC: They are not card-carrying members of our party. We are still trying to woo them over.

What do some people think the court will do in this case? Force them to belong to an association? The court is not swayed by emotions.😂😂😂

POLITICS 101

Paraman:
The man can admit he committed the crime if he's tortured. If he shows evidence he was tortured by the NPF to get information, the judge will dismiss the case and set the man free.

In such a case, the court will order a trial-within-trial to ascertain whether such confession was made on his own volution or he was coerced.

Rutherford2019:


They have affidavit in court already

That's not the procedure for decamping

mrvitalis:

The first part of your answer was done

Left the party or not you crossed carpeted or what ever it's called

Where is the letter

WeddingParol:
But what were they thinking ?

It doesn't matter the judgement obtained under any presence, the constitution is very direct on law makers forfeiting their position upon defection.

Because some shenanigans were able to get away with it in the past does not mean that every Tom, d!ck and Harry will likewise do.

But there is a question no one has answered including Falana according to the post. Can a video be used as evidence of defection without written and signed document by the concerned party? Can you directly answer this?