Okafor Ofiebor/Port Harcourt
Controversy still trails the demand by the Pro-Wike Lawmakers of the Rivers State House of Assembly, on Governor Siminalayi Fubara to represent the already signed 2024 Budget in law to them for consideration has stirred legal controversy in the state.
A Human Rights Lawyer and Convener People’s Advocate, Courage Nsirimovu said the demand is legal and constitutional.He said his organization has sought a Court order to stop the Governor from acting on the eight-point peace agreement presided over by President Bola Ahmed Tinubu. He brokered peace between Wike and Fubara in Abuja recently.
“We have filed a suit to restrain the Governor from implementing the unconditional resolution reached at Abuja.lf the governor of rivers state today does not yield to the demands of the defected lawmakers, he will cause a grave constitutional crisis in the state.If he yields, then River State will not have a budget because a budget passed by an illegal assembly will be null and void”.
Also Eugene Odey,a lawyer while speaking on the Port Harcourt based radio Nigeria Inform said the Civil Society Organization had filed a suit in Court stopping Fubara from releasing money to the defected legislators as they cease to be lawmakers in the state.
Odey argued that in the eyes of the law,the only three lawmakers who are loyal to Governor Fubara are constitutionally recognized in the state Assembly even with recent resignation of Edison Ehie from the House as a Lawmaker.
He said that at the time the budget was passed by the Edison Ehie – led lawmakers a day after Governor Fubara presented it on December 13, 2023, they were the only ones recognized by law as the authentic lawmakers because the other 27 had already defected and abandoned their political party,Peoples Democratic Party, PDP for the APC
Also, earlier in a radio programme, Professor Richard Wokocha, Professor of Constitutional Law, had explained that from the points of Law and the defection of the Martin Amaewhule-led faction of Lawmakers from PDP to APC, they automatically vacated their seats and no more lawmakers.
He pointed out that unless a competent Court rules otherwise, the Martin Amaewhule-led faction ceases to be Lawmakers.
Meanwhile, another Lawyer,Blessing Ejekwu, disagreed that the Martin Amaewhule-led faction is illegal and has no legal right to sit and demand for the representation of the budget.
Speaking on the Nigeria Infofm radio station, Ejekwu pointed out that the Martin Amehole- lead group had already gotten cour orders that extended their powers to sit and that the fate of the lawmakers will be decided on January 22nd by the Abuja High Court so for now they do not have legal impediments.
Meanwhile, the fate of Pro-Wike Lawmakers will be determined by a Federal High Court,Abuja on January 22.