Martins Amaewhule is the current speaker of the Rivers State House of Assembly as it stands, because of a judgment of the Abuja Federal High Court headed by the honorable Justice Omotosho. The judgment recognizes Amaewhule as the speaker, and it has not been set aside by a higher court.
Liborous , In this situation the speaker also defected to another party, are you expecting him to declare his seat void when the constitution already stated the consequences ? The Situation of the Rivers House of Assembly during Rotimi Ameachi was entirely different. The majority of the state Legislators were with the Governor hence the possibility of impitching the governor was next to zero. Lets say the truth, the Wike led Legislators made a grave mistake and must pay the price for Folly.
Sir When Wike was the governor of Rivers State have your station forgotten he removed democratically elected LGA chairmen, and installed Caretakers for one year and ensure that he conducted his own LGA chairmen. Then there was no concern. So why the huge noise now?
Barrister Liborous Oshoma remains an excellent lawyer. All his analyses have anchored sourcesful. Barrister Liborous Oshoma is overdue to become a SAN BARRISTER. We, the public, believed that they were supposed to have become SAN over eight years ago.
Our problem isn't judiciary, our problem is that we attached emotional feelings to our laws, the Case is finding the right bearing first but not ended.
26 members came out publicly, held a press conference, declared that they are no longer members of PDP. PDP is the party that elected them, to be voted for, and the law says once they've done that, they have effectively declared their seats vacant. It is written in black and white, it is the law, the constitution, what's the lawyers or courts arguing about. By the time these greedy politicians invite the military, they will have themselves to blame. How can one man hold a state to ransom, manipulate the judiciary, do we still have a country?
Unfortunately, you are misinterpreting the law. Have you taken your time to listen to what the lawyer was saying? Even if you do not have a copy of the constitution to read but only listen to charge and bail lawyers interpretations, and you are quoting the law wrongly here.
My brother, we do not. My question is what are the law makers holding on to as a reason for their defection. The PDP has countered their position of internal party conflict. Before these lawmakers commenced this futile journey, weren't they abreast of elements of the law concerning this?
Mr. analyzer, according to your questions: 1. about who is the rightful speaker to declear those seats vacant…So in a case whereby the sitting speaker was involved in the violation, doesn’t the remaining members among their selves have right to choose who will be their new leader?? 2.That the house must have 24 members at any given time…So it then means regardless any level of impunity or whatever form of offense that’s committed by the majority members of the house must be ignored and accepted in other to maintain and keep 2/3 members of the Assembly always. Awaiting SAN indeed
Fubara should make peace so he csn collect our state resources and give to Wike? That speaker no well. Do it in Lagos, give all your money / resources to Tinubu, Rivers no be Lagos
I know you will have some dreaded people who will still argue with their emotions. Just simple analysis from the learned lawyer which is very simple to understand, u still went astray with emotions on d matter. Na ur type dey deceive d gov.
@@ibrahimahmedolawale6500 who is arguing with emotion? Why will you ask Fubara to agree to help Wike in stealing Rivers State resources for himself. It’s only corrupt people that will support such nonsense. If you say I’m auguring or reasoning with emotions than you are reasoning like a thief.
@@longlifetina5107 can you provide the evidence of ur claim or can d gov come out opening and say that with evidence? And you say u re not being influenced by emotions?
@@longlifetina5107 don't make me think think, give us the evidence you know or have rather than this rhetoric. Fact is fact not gossip talk with evidence. If someone accused you of something won't you ask for evidence?
Liborous, the truth remains that the Governor has tried to respect the President that why he signed that document .The President sided with Wike, those legislators said they decamped.
People should know that the fact that you have a strong case doesn't make your case supreme and overhauling right . My is that, three People sitting as state house rep. is height of illegality and should not be accepted.
When you see people quoting constitution to their own advantage... The law makers miscalculated in moving out of their party at once... If we want to stop this nonsense the constitution should be reviewed and unnecessary ambiguities be expunge from it.
The law did not reason in favour of this emotional argument of numbers that are more than the other. The facts are clear that the 25 Members vacated their seats by the pronouncements of Amahule who read their decamping letter on the floor of the House of Assembly while sitting as Speaker, as well as the affidavit sworn to by the decamped. Further, PDP which was their party has officially written to INEC to fill the seats of the 25 members. Period.
If he was speaker as u said, so who declared their seats vacant????? Since the constitutions says it's only the speaker who can declare the seats vacant. Make una reason small naaa
@@uchechris360 You pple shd stop judging by emotions. law is blind, it's what you put before her she act on. where you not here when Court declared that you cannot vacate your seat by mere words of mouths? that you must go to your ward and also have written by submitting a resignation letter to ur party and the speaker must declared the seat vacant. Did they allowed this process to took place first? See, if you were having intentions to do something is not the same thing as if u have done it. Then you judge by yourself now!
Lawyer Oshoma, is always very stratifying when you come up to the television and explain to Nigerians and lawyers who are not well informed about both the procedures in court and the application of the laws. Your explanation in this program so far showed that the G60 who themselves are law makers have no idea of the laws they make themselves because mere political interest. Infact the press conference they called after the decision of the court was not called for at all. Elected Law makers are not judges, executors or custodians of the laws they make. They never go to court to represent any client which was exactly what the G60 law makers were portraying by the press conference. If it was for the party's interest the arguments should be presented buy the party leaders and not the national assembly representative. How many times have the represented the common man in court matters? The issue in Rivers State has two dimension solutions which has to come from the Rivers State people themselves and PDP both at the state and national level. The PDP at the National level has done such a very poor job of not stepping into address the FCT Minister and the Governor on the party level. This is where the solutions should have started from before it spread to be a tribal issue in the state. If I were the President of I will never be involved in this issue again. The Governor got carried away by those who did not fight for his election within his party. Regardless of how he is made to feel about the FCT Minister today, he has a conscience of his own. He has contributed more to the division in the PDP in Rivers today whether he likes it or not and this may be a problem for him come his re-election. He needs to seek reconciliation at any level in this matter before it gets to that time. Those supporting him now will not be enough to get him over when the time comes. If I were the Governor I will focus more on governing the people of Rivers state regardless than creating un-ending chaos. The FCT Minister is focus on the job assigned to him by the president and he is greatly being appreciated by the president. The Rivers State people need to get their act together and stop taking sides for the benefit of the state.
But in this case the speaker is part those that defected, so will he the speaker declare his own site vacant? Can you be a Judge in your own case? So who will do it?
When a speaker is among those who have defected, it is important to wait until the house is fully constituted and then raise the issues before the floor of the house. At that point, it can be stated that the speaker can no longer head the house due to their party's defection. Following this, the speaker can be removed and their seat declared vacant. If that process fails, Go to the federal high court and seek the speaker's removal based on their actions in accordance to the law.
@@kingutu3413 the constitution abhors vacuum if you're a lawyer you should have come across this maxim. where any member of the house (including the speaker) defects, his seat becomes vacant and the remaining members of the house become the full and valid members of the house by a pronouncement by the new speaker (elected from the duly constituted members of the house). there is no confusion about this issue in the face of the law, it is the politics and sentiments of the issue that is trying to create one. lastly, if 25 out of 30 members of a house embark on a road journey have a accident, die or become incapacitated will the house not continue to function?? will the house wait till a new state assembly election is conducted??? well the courts will answer all the questions posed before it.
You are the one failing here. At that time, Edison Ehie had been suspended, so he could not have been elected speaker by either himself, the governor or the 3 or 4 others who also were on suspension at that time. Moreover, there couldn't have been two speakers at a time. Martins seat must have been declared vacant before a new speaker can be voted in. The big question is, who declared Martins seat vacant for there to be an election to vote in Edison Ehie as speaker. So, you see my dear, your position is flawed. Very flawed. Law is not emotion.
No mind them... Liborous wey no get chamber wey e dey work, dey deceive them...I no know this Liborous always in every tv station and program...I hope no be Liborous wey be Anegbete boy from Edo State
When a speaker is among those who have defected, it is important to wait until the house is fully constituted and then raise the issues before the floor of the house. At that point, it can be stated that the speaker can no longer head the house due to their party's defection. Following this, the speaker can be removed and their seat declared vacant. If that process fails, Go to the federal high court and seek the speaker's removal based on their actions in accordance to the law.
The people of Rivers State did not support the five members in this case, the 25 lawmakers decamped to another party. So if 25 decamped the other 5 does not have right to do anything and has to wait for the almighty 25 lawmakers? Nonsense
The president Tinubu during his days as governor did not give President obasanjo to decide for him how come he is now deciding for governor Sim Fubara? Is it because Fubara is from Niger Delta believed to be minority tribe or region? That Abuja agreement is an attempt to humiliate the office of the governor of Rivers state which can never stand. If they like they should promote all the wives and children to be judges of Appeal and supreme Court, God will disgrace them because he is the owner of life. He can take it as it pleases him
Mr liborous isnt correct in my opinion. How could the constitution create a lacuna? In this case, the speaker defected. Will the speaker agree to declare his own seat vacant? did the constitution not envisage this? "shall vacate" is a mandatory statement in law. If the PDP had no intra-party crises at the time of defection (which they do not as has been announced by the party), then section 109 should executed Wasn't the speaker knowledgeable enough to know that he could lose his seat if the reason they gave wasn't tenable? In this case, it wasnt tenable. What then are they holding on to as a reason or as reasons for retaining membership in the state house?
So if the speaker himself defeated no body will now declare his seat vacant bc the speaker has carry the power of the house away? Oga go sleep. This TVC sef, i tire.
Liborous is making a mockery of the law himself. Martin Amawhule couldn’t be expected to declare himself out of seat but the next speaker Ehie did- but compromised INEC had refused to do the needful.
We know Tinubu and APC own TVC but must the station keep acting like hired mercenaries with observing balance in reporting. Bring in 3 lawyers not a biased Liborous - who lacks objectivity.
The matter is stationed in how Oshoma ended the talk - “Considering the way APC & Wike do things, the courts can pronounce anything”. From this everyone sees that Governor Fubara is being arms-twisted to be a puppet of Wike, not because Rivers State is benefiting from Wike’s attitude.
I love the lecture but i want to also ask: since the section 109 made it clear that their seat becomes vacant if declared by the speaker and the speaker defected with the majority, what becomes of the section and who would have declared the seat vacant if the number must be up to 24 members and also, does that mean River state should have remain on stand still since the defection?
@@peterineke5706 I am not adding those who lost seat. The constitution states how many can constitute a state assembly. Irrespective of whether seats were lost or not, 5 has not met the require number for composition. How about a case where all but one lost their seats, does that confer all rights and powers on just the single member left?
How can you work with lawmakers who say they are not loyal to you but the ex governor? How do you agree to disagree? Someone also help Wike to become governor, did the person disturb Wike? You people should see truth & say it. The governor should never go back to that nonsense agreement if they want to impeach him let them do it & the governor leave honorable.
Is it the Governor that elected them or the people? Should the loyalty of the members be to the Governor or the people who elected them? Remember that the Gov and these people are friends. Very soon, they will come together. Those fueling these issues are those that worked against the Governor during election. They are all fueling the issue because of their personal benefits... Some were rewarded with CTC appointments lately.
@@Gusto3525 no body brought any issue that’s happening, Wike felt he can run a third term through Fubara. Even wike was made governor by president Goodluck wife, did you ever hear her interfering in his business? Big NO. Didn’t you hear that this so call assembly members made law that the governor most only pay 10 percent of any contract or projects he allocate? The reason for this is so that Wike has to make the final decision & get his cut & say what contracts that will be accepted or not. The commissioner of finances will deviate part of state allocation out and when the governor will asked why they will tell him to ask Wike, most of them went on national tv to say they are answerable and loyal to Wike not the governor i can go on and on. Most of this lawmakers where there during Wike tenure, why didn’t they pass all those so call good laws? Imagine your subordinates will go on air, disrespect you unprovoked, insult you & than resign from their job than you’ll be ask to call them back. For what? Who does that? The governor should stand his ground if he’s being impeached, so be it & let him do it honorably. ,
@@valentineugwuegede2021 the law makers are not supposed to be loyal to the governor per say, but they should recognize him as there governor. But when the law markers see Wike as their boss or governor instead of Fubara than there is a problem bc they will only do Wije bidding & put laws that will tire the hands of the governor to make him answerable to Wike..
Librous oshoma should know that the shall on the constitution is self executory. Going to court will only come in when All the lawmakers defected and the party they left want to challenge the defection of their former members...the remaining lawmakers are the only ones recognized by law... for example if Martin Amaewuleh and the 27 die today or they are incapacitated... will the house of assembly sieze
MR LIBOROUS ....YOU HAVE NOT ANSWEREDTHE QUESTION AS TO WHETHER THESE LAW MAKERS CAN STILL REMAIN LEGISLATORS WHEN THEY 'DECAMPED' FROM PDP....TO APC.....WITHOUT ANY DIVISION IN THEIR FORMER PARTY....CAN THEY STILL BE ASSSEMBLY MEMBERS WHEN IN 'LIMBO'
They are not registered on the APC register going by INEC so therefore they can't be said to be members of APC even if their interest is vividly aligned with APC and the Okocha/Wike faction
I have noticed lately that Liborous Oshoma is begining to speak like a politician i.e speaking from both sides of his mouth...this is really sad. I hope the economical situation in the country has not started biting into his finances hence....
Nigeria constitution makes more criminal lawyers and politicians than sincere honest God fearing humanbeings. Nigeria has not worked and can't work since 1960 because of wrong formation of the nation and the constitution and has been the reason why rigging and boldness of the riggers to always be the first to shout' go to court if you are not satisfied!'. If the foundations be destroyed,what can the person who wants to do the right do?- Psalm 11:3. Until something is done to the constitution, nothing good can come of Nigeria to give a lasting development for the citizens of Nigeria.
Ninjas, pls wake up and get street smart. The president's purported take on this matter was not only constitutionally illegal, it's biased in favour of his boy, the naked emperor. Who shall take an oath to pay 10 to 20 percent of earnings to a mentor/godfather for referrals that help secure a plump job for life?
TVC reporter concluding remarks is an act that to herself the powers of the court. The declaration of the seat vacant is the duty of a speaker. Speaker Ehie. Appeal courts simply decide on jurisdiction and legality of the court order stopping detectors from parading themselves as members of Rivers House of Assembly. That court decision is not on membership. The Court of Appeals decision is mere waste of time
Fubara signed a peace accord but then went back on it. This issue could have been resolved, and Wike and his supporters would have had no excuse. However, Fubara suddenly became stubborn because of bad advice. He could have easily outmaneuvered Wike.
It is very unfortunate that people learn nothing from history.What Fubara is trying to do with Wike total humiliation, happened under Ambode,a former governor sponsored by Tinubu,he didn't succeed in humiliating Tinubu,he lost out,today Fubara is doing this to Wike,what is Wike to Tinubu? You can figure out the way the movie will end!!
Lagos no be Rivers and no forget say nah only one tribe dey Lagos but for Rivers, we get Ikwerres, Ijaw, Andoni, Opobo, Ahoada, Ekpeye, Omocku, Kalabari, Okrika, Ogoni, Ndoni, Egbema,Abua, Odua, Eleme, Oyigbo and others
The questions here are: 1) Did the 25 house members actually decamped from PDP to APC 2) By wrongly or rightly declaring their seats vacant, will that in itself invalidate these lawmakers decisions to leave the PDP. 3) What is the way forward for Rivers House of Assembly with the defection. Finally, Tinubu’s plan through his aids to collapse Rivers into one party State is an aberration and all well meaning Democrats and Nigerians must rise up and resist it. Tinubu should worry about delivering good governance to Nigerians so that he will have a country to rule in 2027.
Tinubu is the employer of Wike - the man at the center of Rivers State political crisis. The Police Commissioner in Rivers doesn’t listen to the Chief Security Officer of the State which is the Governor. Fubara signed Tinubu’s biased agreement because he had a case in Supreme Court. He knew that Tinubu has the Judiciary in his back pocket. Take Tinubu out of the equation or take out Federal Might behind Wike peace will return to Rivers State the next morning
Illegality is illegality irrespective of whether you are with President Tinubu or not. You decamp and you lose your legislative seat. The Sim Fubara group should pursue this matter to its logical conclusion by approaching courts of competent jurisdiction. Having decamped the 25 legislators must be made to lose the seats gotten because their former party gave them tickets to contest
