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Rivers State has 32 state constituencies. This means that the state has 32 House of Assembly members. Currently, there are two factions of the House. One led by Martin Amaewhule and the other led by the new speaker, Oko Jumbo.

All the House of Assembly members were elected on the platform of the Peoples Democratic Party (PDP) in the last general election. However, about 27 of them had long defected to the All Progressives Congress (APC). One of them had died last year and the independent national electoral commission (INEC) is yet to conduct a by-election to fill the vacancy several months later.


That the defected lawmakers have a greater number on their side does not confer legitimacy on them. Their defection to the APC is still a subject of litigation by a group of civil society organization. The minority faction even with just three members including the speaker has legitimacy on their side. The greater number or greater amount of illegality can never make it legal.

The minority faction which had last year passed the current fiscal budget for the state has all legitimacy and constitutionality on its side. In this case, numbers do not matter. For instance, assuming in a state assembly that comprises 50 lawmakers, 47 of them unfortunately have a fatal accident like a plane crash (God forbid), will the surviving three lawmakers not carry out their duties as lawmakers until the 47 vacancies are filled? Will the remaining three lawmakers not elect a speaker among themselves to continue with the business of legislation or will the state be grounded until the 47 vacancies are filled?

Since Rivers State has two factions of the state assembly now, the activities of the other faction even with greater majority will remain null, void and of no effect until the courts of the land interpret their defection. All their activities so far including the purported intention to impeach the governor will remain invalid until perhaps the supreme court finally confers legitimacy on them by upholding their defection to the APC. Unfortunately for them, they can not return to the PDP now even if they so wish. They shot themselves on the foot by hurriedly defecting to the APC even when their godfather is still claiming to still be a member of the PDP. They would have had every authority and legality to frustrate the governor as they are currently doing if they had remained in the PDP with their overwhelming majority. But God put confusion in their midst and they made a costly mistake of defection. Nigerians are waiting to see how the courts of the land will interpret their defection since there’s no crisis in their former party.

Just like the governor recently said, they are floating on air. It’s just a matter of time before they know their fate on the issue of defection. It behoves on the Nigerian courts to give this matter speedy or accelerated hearings and conclusion since the matter of interpreting defection does not require a load of exhibits and calling of witnesses. This matter can be thrashed out within a year even if it goes up to the supreme court. The interpretations of the courts will also help to deepen democracy in the country. The final interpretation of this vexatious issue of defection will set a precedent in the country even though there seems to be a precedent already on the matter.

Ifeanyi Maduako, Owerri via ifeanyimaduako2017@gmail.com

The court with the final say on the legality of the defection of the 27 Rivers assembly members is the supreme court. Let's wait and see.

Has anybody been impeached or a seat declared vacant for defection to the ruling party? fubara or whatsoever better mind himself before entering political oblivion

Righthussle:
The court with the final say on the legality of the defection of the 27 Rivers assembly members is the supreme court. Let's wait and see.

Supreme court has ruled on this matter already, those law makers have lost their seats, it's abuse of court process.

klynranth:

Supreme court has ruled on this matter already, those law makers have lost their seats, it's abuse of court process.

They didn't lose their seats because it's only a speaker that can declare their seats vacant.

Righthussle:


They didn't lose their seats because it's only a speaker that can declare their seats vacant.

The court can also declare their seats vacant due to their unconditional decision

Righthussle:


They didn't lose their seats because it's only a speaker that can declare their seats vacant.

Thought the former speaker did that before resigning to be Sims chief of staff

That’s the way it is.

Why be say una support dey send others to oblivion?

Celestialsword:

‌

Rivers State has 32 state constituencies. This means that the state has 32 House of Assembly members. Currently, there are two factions of the House. One led by Martin Amaewhule and the other led by the new speaker, Oko Jumbo.

All the House of Assembly members were elected on the platform of the Peoples Democratic Party (PDP) in the last general election. However, about 27 of them had long defected to the All Progressives Congress (APC). One of them had died last year and the independent national electoral commission (INEC) is yet to conduct a by-election to fill the vacancy several months later.


That the defected lawmakers have a greater number on their side does not confer legitimacy on them. Their defection to the APC is still a subject of litigation by a group of civil society organization. The minority faction even with just three members including the speaker has legitimacy on their side. The greater number or greater amount of illegality can never make it legal.

The minority faction which had last year passed the current fiscal budget for the state has all legitimacy and constitutionality on its side. In this case, numbers do not matter. For instance, assuming in a state assembly that comprises 50 lawmakers, 47 of them unfortunately have a fatal accident like a plane crash (God forbid), will the surviving three lawmakers not carry out their duties as lawmakers until the 47 vacancies are filled? Will the remaining three lawmakers not elect a speaker among themselves to continue with the business of legislation or will the state be grounded until the 47 vacancies are filled?

Since Rivers State has two factions of the state assembly now, the activities of the other faction even with greater majority will remain null, void and of no effect until the courts of the land interpret their defection. All their activities so far including the purported intention to impeach the governor will remain invalid until perhaps the supreme court finally confers legitimacy on them by upholding their defection to the APC. Unfortunately for them, they can not return to the PDP now even if they so wish. They shot themselves on the foot by hurriedly defecting to the APC even when their godfather is still claiming to still be a member of the PDP. They would have had every authority and legality to frustrate the governor as they are currently doing if they had remained in the PDP with their overwhelming majority. But God put confusion in their midst and they made a costly mistake of defection. Nigerians are waiting to see how the courts of the land will interpret their defection since there’s no crisis in their former party.

Just like the governor recently said, they are floating on air. It’s just a matter of time before they know their fate on the issue of defection. It behoves on the Nigerian courts to give this matter speedy or accelerated hearings and conclusion since the matter of interpreting defection does not require a load of exhibits and calling of witnesses. This matter can be thrashed out within a year even if it goes up to the supreme court. The interpretations of the courts will also help to deepen democracy in the country. The final interpretation of this vexatious issue of defection will set a precedent in the country even though there seems to be a precedent already on the matter.

Ifeanyi Maduako, Owerri via ifeanyimaduako2017@gmail.com

You are an illiterate you can't abdicate a constitutional matter, you still need to go to court and interprete. By the virtues of their defection you still need to approach the court, so until the court say otherwise they are still the legal representative of their people. If we all begin to interprete the law for ourselves we will all be encloud with anarchy

There is no faction. Only clowns and the desperate and clueless governor are decieving themselves. Fubara can and will be impeached by the house with its speaker Martin Amaewhule.

walex2:
You are an illiterate you can't abdicate a constitutional matter, you still need to go to court and interprete. By the virtues of their defection you still need to approach the court, so until the court say otherwise they are still the legal representative of their people. If we all begin to interprete the law for ourselves we will all be encloud with anarchy

Don’t be cheeky.

Where is the illiteracy, with such clearly written words? Do illiterates write in the own native languages, how much more English language?

Take your time to read the constitutional provisions and cease to follow the crowd. The constitution is clear about it and it has been tested in the courts, as far as the Supreme Court, way back in 2015.

Read the 1999 constitution @ chapter-5-part-2-section-109-tenure-of-seat-of-members, to clear your misinformation.

Now if (dis)honorable members choose to apply some braggado, by defecting to other parties, without expecting to pay the price, then it behoves on the citizens to insist on the right thing. It is inappropriate for citizens to look at certain irresponsible behaviors of our leaders and applaud them.

They are the law makers. They are supposed to know the constitution more than us. They break the laws they make at will and make themselves look like the victims. They know that it is a constitutional matter. They chose to abandon the party upon whose platform they contested the election. Without the party, they would never contest, as the party is the vehicle. The votes we cast belong to the party. Since they have abandoned the party, the owners of the votes (in this instance the party), must have their votes back.

They wrongly timed their defections and must bear the consequences. Wike who sponsored them remains in the same PDP shamelessly and thinks that he can influence the courts to misinterpret the constitution in their favour. Fa fa fa fa fa fawol.

While not stopping the now former legislators from exercising their fundamental rights to seek redress in the court, we must not continue to support illegalities on the part of our leaders.

This should serve as a lesson to other legislators across all parties, who only think of their pockets and not the citizens, who they are elected to serve.

Celestialsword:

‌

Rivers State has 32 state constituencies. This means that the state has 32 House of Assembly members. Currently, there are two factions of the House. One led by Martin Amaewhule and the other led by the new speaker, Oko Jumbo.

All the House of Assembly members were elected on the platform of the Peoples Democratic Party (PDP) in the last general election. However, about 27 of them had long defected to the All Progressives Congress (APC). One of them had died last year and the independent national electoral commission (INEC) is yet to conduct a by-election to fill the vacancy several months later.


That the defected lawmakers have a greater number on their side does not confer legitimacy on them. Their defection to the APC is still a subject of litigation by a group of civil society organization. The minority faction even with just three members including the speaker has legitimacy on their side. The greater number or greater amount of illegality can never make it legal.

The minority faction which had last year passed the current fiscal budget for the state has all legitimacy and constitutionality on its side. In this case, numbers do not matter. For instance, assuming in a state assembly that comprises 50 lawmakers, 47 of them unfortunately have a fatal accident like a plane crash (God forbid), will the surviving three lawmakers not carry out their duties as lawmakers until the 47 vacancies are filled? Will the remaining three lawmakers not elect a speaker among themselves to continue with the business of legislation or will the state be grounded until the 47 vacancies are filled?

Since Rivers State has two factions of the state assembly now, the activities of the other faction even with greater majority will remain null, void and of no effect until the courts of the land interpret their defection. All their activities so far including the purported intention to impeach the governor will remain invalid until perhaps the supreme court finally confers legitimacy on them by upholding their defection to the APC. Unfortunately for them, they can not return to the PDP now even if they so wish. They shot themselves on the foot by hurriedly defecting to the APC even when their godfather is still claiming to still be a member of the PDP. They would have had every authority and legality to frustrate the governor as they are currently doing if they had remained in the PDP with their overwhelming majority. But God put confusion in their midst and they made a costly mistake of defection. Nigerians are waiting to see how the courts of the land will interpret their defection since there’s no crisis in their former party.

Just like the governor recently said, they are floating on air. It’s just a matter of time before they know their fate on the issue of defection. It behoves on the Nigerian courts to give this matter speedy or accelerated hearings and conclusion since the matter of interpreting defection does not require a load of exhibits and calling of witnesses. This matter can be thrashed out within a year even if it goes up to the supreme court. The interpretations of the courts will also help to deepen democracy in the country. The final interpretation of this vexatious issue of defection will set a precedent in the country even though there seems to be a precedent already on the matter.

Ifeanyi Maduako, Owerri via ifeanyimaduako2017@gmail.com

Two Questions;;;

1. Why can't they return to PDP?

2. Besides their word of mouth, is there any other evidence that they are now members of APC?
Do they have APC cards?
Why if they aren't members yet but are only saying it?
Can it be proved in court that they are now members of APC?

ElevationD:



Don’t be cheeky.

Where is the illiteracy, with such clearly written words? Do illiterates write in the own native languages, how much more English language?

Take your time to read the constitutional provisions and cease to follow the crowd. The constitution is clear about it and it has been tested in the courts, as far as the Supreme Court, way back in 2015.

Read the 1999 constitution @ chapter-5-part-2-section-109-tenure-of-seat-of-members, to clear your misinformation.

Now if (dis)honorable members choose to apply some braggado, by defecting to other parties, without expecting to pay the price, then it behoves on the citizens to insist on the right thing. It is inappropriate for citizens to look at certain irresponsible behaviors of our leaders and applaud them.

They are the law makers. They are supposed to know the constitution more than us. They break the laws they make at will and make themselves look like the victims. They know that it is a constitutional matter. They chose to abandon the party upon whose platform they contested the election. Without the party, they would never contest, as the party is the vehicle. The votes we cast belong to the party. Since they have abandoned the party, the owners of the votes (in this instance the party), must have their votes back.

They wrongly timed their defections and must bear the consequences. Wike who sponsored them remains in the same PDP shamelessly and thinks that he can influence the courts to misinterpret the constitution in their favour. Fa fa fa fa fa fawol.

While not stopping the now former legislators from exercising their fundamental rights to seek redress in the court, we must not continue to support illegalities on the part of our leaders.

This should serve as a lesson to other legislators across all parties, who only think of their pockets and not the citizens, who they are elected to serve.

Lol. So ifeanyi ubah that moved from YPP to APC will now have his seat vacant or de-recognise?

You claim that the 27 lawmakers are illegitimate but the passes a legitimate budget that the governor is legimately spending abi.

They are illegitimate but the screen all the commissioners that ur legitimate governor is working with now abi.

Pls don't be clever by half.Fubara cup will soon full.

Otamendi99:


Lol. So ifeanyi ubah that moved from YPP to APC will now have his seat vacant or de-recognise?

YPP must follow up to reclaim their seat. The seat belongs to the party and not Ifeanyi Ubah.

Again, INEC must wake up to its responsibilities. The constitution is clear on it and INEC without delay must declare the seats vacant, once they get the information from the affected party.

I will leave here the judgement of the Supreme Court in Abegunde v Ondo House of Assembly:

To explain; Abegunde, a House of Reps member in Ondo State had defected from the Party wherein he was elected (LP) to APC owing to some division and fragmentation of the Party at the State level..... The LP vexed at his decision went to Court and won at both the Federal High Court & Appeal Court... Abegunde appealed to the Supreme Court....

In a well-delivered and unanimous judgement from the full bench of the Supreme Court and read by the PJ, Mahmud Mohammed JSC (as he then was):

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“The principles enunciated by this Court in the two cases, FEDECO v. Goni (supra) and AG Federation v. Abubakar (supra), is to the effect that only such factionalisation, fragmentation, splintering or ‘division’ that makes it impossible or impracticable for a political party to function as such will, by virtue of the proviso to Section 68(1)(g), justify a person’s defection to another party and the retention of his seat for the unexpired term in the house inspite of his defection. Otherwise, as rightly held by the courts below, the defector automatically loses his seat. In the instant case, the two courts are right that the Labour Party that has continued to function as a political party by meeting the conditions of associations by virtue of Sections 221 and 222 of the Constitution must necessarily meet, cannot be said to have been so factionalised, fragmented, split or divided to justify the defection of the appellant to another party and retention of his seat inspite of the defection. This remains the position of this Court on the issue.” The concurring opinion of Galadima JSC is quite poignant. The Law Lord observed that[7]: “Quite rightly, Section 222(a), (f) and (e) of the 1999 Constitution made no reference to the ‘ward’, ‘local government’, or ’state structure’. However, a calm reading of Section 68(1)(g) of the Constitution will show that no reference is made by the framers of the Constitution to ‘a state branch’, ward level or ‘unit level’ of a Political Party, when the framers of the Constitution repeatedly referred to ‘Political Party’ in that Section. If the framers of the Constitution had really intended that a ‘division’ within a ‘State branch’, ‘ward level’, ‘unit level’ of a Political Party, as suggested by the learned silk, (they) would have so expressly stated. Therefore contrary to the argument of the appellant at paragraph 29 of his brief, Section 222 (a), (e) and (f) which referred respectively to ‘National Officers’, ‘geographical area’ and ‘headquarters in the Federal Capital Territory’, is to support the argument that a national outlook of a Political Party is intended by the framers of the 1999 Constitution in construing Section 68(1)(g)…. “(1) Firstly, can a disagreement in a branch of a company be classified as a division in that company when the board of directors of the Company is still intact? (2) Secondly, can the local branch of a Company be wound up or merged with another Company?” He rightly answers the two questions in the negative. This analogical deduction settles the contest between the parties, effulgently and effectually too; for the nature of the division envisaged in the Section 68(1)(g) must be one that affects the total structure of a Political Party.”

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4godsake:
You claim that the 27 lawmakers are illegitimate but the passes a legitimate budget that the governor is legimately spending abi.

They are illegitimate but the screen all the commissioners that ur legitimate governor is working with now abi.

Pls don't be clever by half.Fubara cup will soon full.

You are not up to date!

BondRiv:
There is no faction. Only clowns and the desperate and clueless governor are decieving themselves. Fubara can and will be impeached by the house with its speaker Martin Amaewhule.

Wake up from sleep, they are planning to kidnapp the Chief Judge so they can force him to set up committee that would indict the governor, the chief Judge now lives in the government house lol

So who passed the current budget that the governor is operating?

You are not up to date![/quote]

Otamendi99:


Lol. So ifeanyi ubah that moved from YPP to APC will now have his seat vacant or de-recognise?

Let him prove there was crisis in ypp before the court.


I suspect ypp has been settled sha, because he is the partys major financier.

Celestialsword:

Ifeanyi Maduako, Owerri via ifeanyimaduako2017@gmail.com

ddippset:

Two Questions;;;
1. Why can't they return to PDP?
2. Besides their word of mouth, is there any other evidence that they are now members of APC?
Do they have APC cards?
Why if they aren't members yet but are only saying it?
Can it be proved in court that they are now members of APC?

I'm eagerly expecting the op or anyone to provide answer to these brilliant questions

That’s the way it is.

helinues:
Why be say una support dey send others to oblivion?

Would you support me to be president?

ddippset:

Two Questions;;;

1. Why can't they return to PDP?

2. Besides their word of mouth, is there any other evidence that they are now members of APC?
Do they have APC cards?
Why if they aren't members yet but are only saying it?
Can it be proved in court that they are now members of APC?

Thanks for your questions.

1. Do you remember a certain Edison Ehie? Presently he is Fubara’s chief of staff. He was the speaker when the 27 defected to APC. He wrote the notification to INEC declaring the seats of the 27 vacant. INEC acknowledged that document but did not act on it yet. PDP agreed absolutely that having defected to APC, the 27 were no longer their members. For the pendency of this matter, they cannot return to PDP.

2. Their defection was not just by word of mouth. They became card carrying members of APC. We saw them all rejoicing and carrying APC brooms, while declaring their membership of the party.

Lastly, evidences of their membership abound and are awash on social media spaces.

HypocriticalObi:
Has anybody been impeached or a seat declared vacant for defection to the ruling party? fubara or whatsoever better mind himself before entering political oblivion

There a supreme Court precedent on this , educate yourself.

Righthussle:


They didn't lose their seats because it's only a speaker that can declare their seats vacant.

This guy you still don't understand what is going on , after they left the 4 members remaining elected the then speaker Edison Ehie who then declared their seat vacant and the matter proceeded to the court before he resigned and was appointed chief of staff to Governor. This current speaker is replacing Edison Ehie.

helinues:
Why be say una support dey send others to oblivion?

Yoruba man keep quite when issues that has nothing to do with you is been discussed, is it your oblivion? Go and eat ewedu and leave my state matter alone.

BondRiv:
There is no faction. Only clowns and the desperate and clueless governor are decieving themselves. Fubara can and will be impeached by the house with its speaker Martin Amaewhule.

Come and help them do it.

klynranth:

Supreme court has ruled on this matter already, those law makers have lost their seats, it's abuse of court process.

Pls educate me ...