Why Fubara can’t present budget to Amaewhule faction

The recent judgement of a Court of Appeal directing the governor of Rivers State, Siminalayi Fubara, to represent the 2024 fiscal budget before the Martin Amaehule faction of the Rivers State House of Assembly could be regarded as a mere academic exercise. It’s similar to a recent judgement of another Court of Appeal that cleared the former Chief Justice of Nigeria, Justice Walter Onnoghen, of all allegations against him, which precipitated his untimely removal as Chief Justice of Nigeria by former president Muhammadu Buhari.

That Justice Onnoghen was acquitted by the appellate court doesn’t mean that he would return to his former position to serve out his term in office, which was abruptly terminated by former president Buhari. The same applies to the Appeal Court judgement of Rivers State.

In any case, the government of Rivers State has appealed the judgement to the Supreme Court on the solid ground that the Martin Amaewhule-led faction is no longer members of the Rivers State House of Assembly, having abandoned the Peoples Democratic Party (PDP) platform that elected them and defected to the All Progressives Congress (APC). There’s a different ongoing legal action challenging the defection of the Amaewhule-led faction’s defection by prompting the Oko Jumbo-led House of Assembly to declare their seats vacant. So even if the Supreme Court concurs with the judgement of the lower courts on the particular issue of the 2024 budget, it will remain a mere academic exercise because the 2024 fiscal year is almost gone and the hand of the clock can never go backwards.

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Until the important case of defection of the Amaewhule-led faction is determined up to the Supreme Court, Governor Fubara should have no official dealings with them because doing so will tantamount to legitimising illegality. They are no longer members of the Rivers State House of Assembly, irrespective of majority. The governor shouldn’t present the 2025 fiscal budget to them as well. When the Supreme Court decides on the issue of the 2024 budget, they can as well begin another legal journey from the high court on the issue of the 2025 budget, which will not be presented to them up to the Supreme Court, while the 2026 and 2027 budgets may take the same route. Life goes on.

The Amaewhule-led faction is denying that they have not defected to the APC. However, there’s a tangible story that they deposed an affidavit of membership of the APC before a court of competent jurisdiction. The deposed affidavit supersedes any other verbal denial. Or are they implying that they lied on oath before a court of competent jurisdiction by deposing such an affidavit? Lying on oath is a serious criminal offence.

The argument that they have not registered in their various wards as members of the APC is inconsequential. Membership in a political party shouldn’t be until one registers in his or her ward. We have seen instances in this country where people swiftly defected to another party as a result of the exigency of time either to be elected the speakers or deputy speakers of the parliament.Those people didn’t rush down to their wards to be registered first before rushing back to the hallowed chambers to be elected as presiding officers.

For instance, in the National Assembly, once a member of the parliament defects from one party to another party, he or she is immediately ushered to the side where the members of the same party (particularly if they are majority) are seated. He or she would pack his luggage and move over to the side or aisle where his party members are seated. He or she doesn’t wait until he or she registers in his or her ward before he or she moves over or participates in the activities of his or her new party.

There’s a precedent on the issue of defection, particularly in the Abegunde case, which the Supreme Court itself ruled on. However, whatever happens with the Rivers State House of Assembly defection case may yet set another precedent on which future defectors will rely. Rivers House of Assembly members can never have a distinct judgement from the rest of Nigerians. We shall patiently wait to see how the matter will be decided by the apex court. But until then, Governor Fubara should have no official dealings or communications with them.

MADUAKO writes via [email protected]