Fubara withdraws from Tinubu’s peace accord, declares Wike’s assembly faction non-existent

The Rivers State Governor, Sir Siminalayi Fubara, has made a bold declaration regarding the Martin Amaewhule-led House of Assembly.

According to the governor, the factional assembly is deemed as floating and non-existent, lacking the necessary authority to make legislative decisions that hold any legal weight in the state. This declaration comes in light of their defection from the state ruling party PDP to APC.

Governor Fubara delivered this statement during a courtesy visit by a delegation of Traditional Rulers and opinion leaders from Bayelsa state, led by Senator Seriake Dickson, the former governor of the state at Port Harcourt on Monday (Yesterday). The governor emphasized that his acceptance of the presidential peace accord was purely a political solution to a problem, as it lacked any constitutional basis.

“I accepted it because these were people that have eaten in my house and I have assisted pay their children school fee even when I have not become the governor,” stated Governor Fubara, highlighting his personal connection with the members of the factional assembly.

Despite the ongoing disagreement, the governor expressed his belief in the possibility of reconciliation in the future. However, he felt it was necessary to make a statement clarifying that the factional assembly holds no tangible existence in the present.

Governor Fubara acknowledged the sacrifices made to ensure peace during this crisis, noting that his supporters continue to face harassment and intimidation on a daily basis. Nevertheless, he has maintained restraint as a mature leader, recognizing that an atmosphere of discord hinders meaningful development.

“With our intentions to build on the foundation laid by our past leaders for Rivers State, I cannot afford to engage in crisis. This is why we continue to witness and record the development that you are witnessing in the state,” Governor Fubara affirmed.

Background:

Attempt to initiate impeachment process against Governor Sim Fubara of Rivers State by the House of Assembly resulted into crisis as it divided the House of Assembly into two factions while 27 out of 31 are Loyal to the former Governor Wike, others are with the incumbent governor.

Governor Fubara accompanied by some aides were teargassed by the police while visiting the complex to assess the level of damage caused by the explosion.

As a result, the state lawmakers have split into two factions – a faction backed by Mr Wike and the second faction loyal to Governor Fubara.

Martin Amaewhule is the speaker of Mr Wike’s faction while Edison Ehie, a former leader of the assembly who was removed for not supporting governor Fubara’s impeachment is the speaker of the faction loyal to Mr Fubara’s faction.

The two factions have repeatedly held parallel sittings at different locations in Port Harcourt.

Lawmakers defected:

The lawmakers who are said to be loyal to Nyesom Wike, the minister of the federal capital territory (FCT), held a plenary session at about 8 a.m. on Monday(11 December 2023) where the decision was taken amid tight security at the entrance of the assembly complex in Port Harcourt, the state capital.

Governor Fubara refused to recognized them as legal Assembly members stating that by their defection they have lost legal authority. He rather recognized Hon Edison Ehie led faction.

The crisis continued until the President Tinubu intervened by meeting with FCT Minister Wike and Governor Sim Fubara in what regarded as Presidential accord.

PDP kicked:

PDP legal adviser, Ajibade while addressing newsmen shortly after Justice Donatus Okorowo of a Federal High Court, Abuja, adjourned the embattled lawmakers’ suit until January 24, 2024, said; “PDP as a party, we are standing on the side of the constitution of the country.

“It is not about issues of an agreement because by the constitution, we all sworn to uphold.

“The governor himself sworn to uphold the constitution likewise the president; I am not against the president, calling for the resolution of the matter. He is the chief security officer of this country and he has every right to intervene in the issue.”

According to the senior lawyer, aside from that, the constitution of the country is very clear; Section 109 (1g) is clear as to issues of detection, adding that the affected lawmakers had not denied that they had not defected.

Why We defected:

According a member of the Rivers State House of Assembly loyal to Wike, Enemi Alabo, explained why 27 People’s Democratic Party (PDP) lawmakers defected to the All Progressives Congress (APC) while appearing on Channel TV on Politics Today in December 2023.

He said, “We have a division in the PDP. We have cases in court concerning the secretaryship of our party. We desperately tried to reach the secretariat of our party, and we could not. As I speak to you, I can’t tell you who the secretary of my party is,” the lawmaker said.

Why reason for the defection may not hold water:

In 2014, the Supreme Court fully buttressed the constitutional provision of section 109(1)(g) in the case of Hon. Ifedayo Sunday Abegunde v. Ondo State House of Assembly (2014) LPELR 23683. The apex Court declared the appellant’s seat vacant after the appellant a member of the House of Representatives decamped from the Labour Party (LP) to the Action Congress of Nigeria (APC) on the basis of fractionalization of the party at the State level; the court ruled that only a division that makes it impossible for a party to function can provide the basis for a legislator’s defection hence, the Appellant loses his seat.

What did the Constitution say about defection:

Section 109 (1) of the 1999 Constitution has literally covered this scenario as it provides in paragraph (g) thus; “A member of a House of Assembly shall vacate his seat in the House if being a person whose election to the House of Assembly was sponsored by a political Party, he becomes a member of another political party before the expiration of the period for which that House was elected: Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored; ….”

Now that Governor Fubara has stated that they are non existent, what happens?

Can Wike’s Assembly faction survive this?
Are they going to be Majority without legal authority like what in Edo recently?

Will their case be that of Hon Ogbonna led majority House of Assembly faction in Enugu State during their crisis against Governor Nnamani ?