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APC To Fubara: You Can’t Abrogate Constitution Of Federal Republic Nigeria

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The All Progressives Congress (APC) has told Governor Simi Fubara of Rivers State not to abrogate the constitution of the Federal Republic of Nigeria, pointing out that it’s an affront of the constitution for the Governor to declare that Rivers State House of Assembly doesn’t exist.

The APC in a press conference on Friday addressed by Felix Morka, Esq., National Publicity Secretary of the party, noted that it was confounded by the disturbing missteps of the Governor in Rivers State and the Peoples Democratic Party (PDP) which staged a press briefing on Wednesday, May 8, 2024, where it dismissed the APC, Rivers state chapter’s call on the Rivers State House of Assembly to impeach Governor Siminalayi Fubara.

He said, “The PDP tendered a hogwash argument that by Section 109 of the Constitution, the 27 House of Assembly members who defected from PDP to APC have forfeited their seats, and echoed the Governor’s declaration that the Rivers State House of Assembly is non-existent.

“Contrary to PDP’s assertions, it’s not APC that is calling for the impeachment of Governor Fubara. Rather, by his egregious actions, conduct and infantile comments, Fubara is actively and vehemently precipitating his own impeachment.

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“Governor Fubara’s declaration that the Rivers State House of Assembly doesn’t exist is not only reckless, it is a direct affront to the Constitution of the Federal Republic of Nigeria.

“The House of Assembly is a creation of the Constitution, and vested with the legislative authority of the state. The members of the Assembly were elected by the good people of Rivers State in the same manner that Fubara was elected Governor.

“The Assembly doesn’t exist at the Governor’s pleasure or fanciful whims. The legislature is at the core of the idea of democracy. It is co-equal with the executive and judicial arms of government.

“The constitutionally entrenched principle of separation of powers among the three arms of government guarantees essential checks and balances required to ensure observance of the rule of law. The rule of law is indispensable to democracy and constitutional order.

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“If his declaration that the House of Assembly is nonexistent is based on the fact that the 27 members who decamped from PDP to APC have lost their seats, then Governor Fubara is sorely misled.

“To be clear, the 27 Assembly members didn’t lose their membership of the Assembly by virtue of their decampment. There is nothing homeostatic about Section 109(1)(g) of the Constitution. It’s not self-executing. The Proviso to the said Section 109(1) (g) established exceptional grounds to the applicability of Section 109(1)(g) Section 109(1) states: A member of a House of Assembly shall vacate his seat in the House if – (S.109(1)(g) – 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 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.” he added.

“Therefore, only a properly constituted court of law can make a determination as to whether a member of the House of Assembly has vacated his seat in accordance with that provision of the Constitution. As no such judicial determination has been made, the 27 APC members of the House of Assembly remain the constitutionally recognized and authorized members of the Rivers State House of Assembly.

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“The Governor’s declaration flies in the face of a matter pending in court as instituted by some elders of the state on the very question of the legal status of the 27 members that decamped from PDP to APC. The court ruled that the plaintiffs in the matter lacked necessary _locus standi_ to bring the action.

“An appeal against that ruling remains pending in the Court of Appeal. Governor Fubara is a party to that suit. And there is the subsisting order of injunction issued by a Federal High Court restraining the Governor and his agents from impeding or frustrating the House of Assembly under the leadership of the Speaker, Rt. Hon. Martin Amaewhule.

“The Governor’s attack on the House of Assembly and its leadership is in flagrant disrespect of the order of a court of law and a violent violation of the express provisions of the Constitution. His demolition of the Rivers state House of Assembly complex remains one of the most brazen attacks on democratic institutions in our nation’s history.

And there is now grave apprehension that he may be spoiling to demolish the House of Assembly residential quarters in Port Harcourt, built only two years ago, following his recent gestapo-like invasion of the Assembly quarters. Governor Fubara’s weaponization of demolition of public assets as a strategy to dislodge and punish legitimate members of the legislature is nothing short of petty despotism and must be roundly condemned.

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“Governor Fubara continues to conduct the business of government unhinged, and in total contempt of the state legislature. The Governor expends the state’s resources without regard to appropriation and public procurement laws. The Governor has unlawfully withheld local governments’ funds as a punitive measure against perceived opponents, and only recently, directed that all heads and officials of the 23 Local Government Areas should ignore the summons of the State Assembly as he threatened to sack officials who flouted his directive.

“The power of the purse resides in the legislature. If, indeed, the House of Assembly does not exist, as Governor Fubara has declared, then the Governor must necessarily shut down the entire government of Rivers state, especially the office of the Governor, as he lacks the authority to expend public resources without valid appropriations by the legislature.

“Governor Fubara cannot abrogate the Constitution of the Federal Republic of Nigeria. He cannot be governor and be despot-in-chief of the Rivers state House of Assembly, at the same time. Attempting to impose an illegal 3-man House of Assembly is executive lawlessness in the extreme. Governor Fubara’s quest to repudiate the Constitution and govern in denial of the existence of the state legislature is, in and of itself, among other grounds, an impeachable offense.

“We strongly counsel Governor Fubara to submit himself to the dictates of the Constitution and the rule of law.

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“In any and all contests between Governor Fubara and the Constitution of the Federal Republic of Nigeria, the Constitution shall prevail, always. The good people of Rivers state deserve so much more than the seemingly unending chicanery of Governor Fubara,” APC added.

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Politics

Wike excited as Orbih is re-elected PDP S/South Chairman

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The re-elected Peoples Democratic Party (PDP) South-South Zonal Vice Chairman, Chief Dan Orbih, has described the ongoing crisis within the party as self-inflicted.

He noted that the party’s constitution had been disregarded in favour of personal interests by a few members.

Speaking at the South-South Zonal Congress of the PDP in Calabar on Saturday, Orbih urged party faithful to make the necessary sacrifices to revive and strengthen the party.

He called for the election of officers who would uphold the party’s constitution in the zone, emphasising that such individuals must also have the fear of God.

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Orbih said: “We must follow the party’s guidelines if we are to revive it. These guidelines are subject to the constitution.

“The power to elect new officers of the party is not subject to anything but the constitution.

“We must start rebuilding the party from here. The party cannot dictate who an individual should associate with, nor determine their friends or enemies.”

Similarly, Minister of the FCT, Mr Nyesom Wike, noted that, by all indications, the party remained strong in the zone.

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He commended Orbih and his re-elected executive members for maintaining the party’s stability in spite of its challenges.

He, however, urged the party’s leadership to speak truth to power if it truly sought to regain its lost glory.

Wike added that the zonal congress held in Calabar would be the last to elect the Zonal Working Committee.

“Presently, we have leaders who can’t speak the truth and are full of betrayal.

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“No part of the constitution says that congress should not be held when some persons are indisposed. No any other congress will hold after this.

“This is our job. This is our terrain. We are not new to this. The constitution didn’t say national working commitee shall conduct the zonal congress.

“This is the final congress in the South South. We don’t need quantity but quality,” he said.

In his address, former Governor of Cross River, Mr Donald Duke, urged PDP members in the zone to remain focused and fully committed to the party.

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The News Agency of Nigeria (NAN) reports that Orbih and all the immediate past zonal officers, who were elected four years ago in Port Harcourt, were re-elected during the congress in Calabar.

They were all returned unopposed, but an election was conducted to reaffirm their positions.

The zonal executive consists of 10 members, in addition to six ex-officio members.

The congress was attended by former governors, former and serving members of the National Assembly, among others.

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GWG.ng however, reports that the National Publicity Secretary of the party, Debo Ologunagba, in a statement on Saturday in Abuja, said the outcome of the Calabar purported congress was null and void.

Ologunagba said that the party NWC’s attention was drawn to a reported social gathering in Calabar, Cross River where the organisers falsely claimed same to be the PDP South South zonal congress .

He recalled that the NWC at its meeting on Thursday, in exercise of its powers under Section 29 (2)(b), pursuant to Section 31 (2) (c) and (j) of the Constitution of the PDP (as amended in 2017) postponed the conduct of the South South zonal congress from the earlier scheduled date of Feb. 22.

Ologunagba said that the postponement was to allow for further consultation on critical issues relating to the smooth conduct of the congress in the Zone.

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He had earlier been tackled by Orbih who claimed that the NWC of which he is a member never met to give directives on the zonal congress.

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THREAT! FG tells Gov Adeleke to stop LG poll

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The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, has cautioned Osun State Governor, Ademola Adeleke, against proceeding with a fresh local government election, describing the move as unconstitutional and legally untenable.

Fagbemi, in a statement on Thursday, emphasised the legal implications of the recent Court of Appeal judgment delivered on February 10, 2025, which returned the initially sacked local government officials.

The appellate court overturned an earlier Federal High Court ruling that had nullified the election of local government officials under former Governor Adegboyega Oyetola, declaring the suit incompetent and striking it out.

By implication, the ruling restored the previously removed elected officials to their offices.

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The AGF while expressing concern over Adeleke’s insistence on conducting new local government elections on February 22, 2025, argued that the reinstated officials’ tenure remains valid until October 2025, rendering any attempt to replace them a direct violation of the Nigerian Constitution.

Fagbemi criticized the governor’s handling of the situation, urging him to uphold law and order rather than escalate the crisis.

Referencing a recent Supreme Court decision affirming local government autonomy, Fagbemi warned that any fresh election under the current circumstances would be invalid and urged the Osun State Independent Electoral Commission (OSIEC) to halt its plans.

“The constitutional order that existed before the dissolution must be restored immediately since the judgment upon which the governor acted has been declared a nullity,” Fagbemi stated, emphasizing that the Court of Appeal’s decision is superior and legally binding.

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He called on Adeleke to respect the rule of law, stressing that political disagreements should not lead to unnecessary conflict.

The AGF also expressed his readiness to engage with the Osun State government in dialogue to ensure a peaceful resolution to the crisis.

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Osun APM declares Appeal Court verdict quashing APC’s appeal stands

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The Osun State Chapter of the Action Peoples Party (APP) has declared that the alleged resumption to duty, by the ousted council chairmen and councillors of the All Progressive Congress (APC) is illegal, tagging those involved as looters and imposters while urging security operatives to immediately arrest and prosecute anyone involved in such illegal and unconstitutional act.

Reacting to the news of the takeover of the local government councils by chairmen and Councillors earlier this morning, the State Chairman of the APP, Mr. Odesola Oluseye Titus dismissed the legality of such acts saying this is against the rule of law and the constitution of Nigeria.

Mr. Odesola specifically stated that the APP is in possession of a valid court judgement, in a suit filed against the Osun State Independent Electoral Commission (OSSIEC), which was delivered on November 30th, 2022 at the Federal High Court, Osogbo, in favor of the party. He recalled that the APP had challenged the 2022 election on the ground of non compliance with the 2022 electoral act as well as OSSIEC guidelines with respect to the notice of election given by the commission.

“Anyone calling themselves elected chairmen or councillors in Osun State today is an impostor. By virtue of the favorable judgement that nullified the October 2022 LG election, the seats of Chairmen and Councillors across Osun State are deemed vacant. More so, that those who appealed the judgement abandoned it and the Court of Appeal subsequently dismissed the appeal for want of prosecution.

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“So those that went to the council today are looters and we as a party strongly condemn in strong terms such illegal actions. We hereby call on security agencies to immediately arrest and prosecute these impostors.” He added

On the claims by the APC Chairmen and Councillors that the Court of Appeal had upturned the decision of the Federal High Court and as such, they are to return to office, Mr. Odesola said “this is a misunderstanding of judicial procedure and rule of law. Our case against OSSIEC and by extension the conduct of the 2022 local government election and that of the PDP is two different cases. While we are aware that the Appeal court upturned the PDP case, we are also aware of the implication of the abandonment and subsequent dismissal of APC appeal against our favorable judgement.

“Ask them, did the Appeal court reinstate them? The answer is No. The appeal court merely struck out the PDP case for being speculative and thereafter declared that the court lacked jurisdiction to rule on speculative cases, the court didn’t rule on the merit of the appeal. On their prayer asking for reinstatement of the sacked Chairmen, the court declared that having determined the lack of jurisdiction, it is not interested in going into that because it is now an academic exercise.

“it is trite in law and as declared by the Supreme Court in SC/VC/478/2021 that a case on appeal become academic exercise when it would bring no benefit to any of the parties, or where there is no live issue in the claim. So where did they see their own interpretation from? To the best of our knowledge, the PDP case did not exist as a result of the Appeal court judgement in that case. But how would anyone say our own judgement has been invalidated? Who would think of such? Are we running a banana republic?

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“We have presented our position to OSSIEC and we have fielded candidates to fill the vacant positions across the local governments in the upcoming elections. As a major beneficiary of the FHC judgement in suit FHC/OS/CS/103/2022, we are waiting for Saturday to contest in the election and we are prepared to win. In addition, the Inter-party Advisory Council (IPAC), under which we belong, has directed all member party to proceed with the election.” He concluded.

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