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More troubles for Fubara as Court of Appeal affirms 27 pro-Wike lawmakers, declares 2024 River State budget illegal

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…The court said Fubara applied executive lawlessness in his dealings

 

The Court of Appeal sitting in Abuja, on Thursday, affirmed Hon. Martin Amaewhule as the authentic Speaker of the Rivers State Assembly.

In a unanimous decision by a three-member panel of Justices, the court equally validated the Amaewhule-led members of the Assembly as bonafide lawmakers for the state.

While dismissing an appeal that was lodged before it by Governor Siminalaye Fubara, the court upheld a judgement the Federal High Court delivered on January 22, which nullified the 2024 budget of Rivers State on the premise that it was not presented before members of the state assembly that were known to the law.

According to the appellate court, Fubara, shot himself on the foot when he voluntarily withdrew a counter-affidavit he filed to challenge a legal action the Amaewhule-led lawmakers instituted to be recognised as valid members of the Rivers State House of Assembly.

The court held that governor Fubara’s decision to present the 2024 Rivers State Appropriation Bill to only four out of 31 members of the Assembly, amounted to a gross violation of section 91 of the 1999 Constitution, as amended.

It will be recalled that the Rivers State Assembly was fractionalised owing to the frosty relationship between Governor Fubara and his predecessor and Minister of the Federal Capital Territory, FCT, Nyesom Wike.

In the heat of the fracas, governor Fubara sidelined the Amaewhule-led 26 members of the House that were loyal to Wike and presented the state’s N800billion 2024 budget before the four lawmakers led by Hon. Edison Ehie who had emerged as a factional Speaker of the Assembly.

The Ehie-led faction, which had also declared seats of the Amaewhule-led pro-Wike lawmakers vacant for defecting to the All Progressives Congress, APC, from the Peoples Democratic Party, promptly passed the budget which was quickly assented to by Governor Fubara.

Meanwhile, following the intervention of President Bola Tinubu, both Fubara and Wike signed a peace pact that included the restoration of Amaewhule as the bonafide Speaker of the State Assembly.

The factional Speaker, Ehie, who had approached the court and was joined as an interested party in the suit, subsequently withdrew all the processes he filed before the court and vacated his seat.

Whereas Governor Fubara, in line with terms of the peace deal, withdrew all the processes he filed to challenge the suit, however, the pro-Wike lawmakers only withdrew an impeachment notice they served on him while they declined to terminate their legal action.

While deciding the suit, Justice James Omotosho of the high court held that the budget was invalid as it was not properly presented before the Rivers State House of Assembly as required by the law.

It held that Governor Fubara acted like a tyrant when he demolished the Rivers State Assembly complex and withheld funds standing to the credit of the legislative house.

The court also described as unconstitutional, the redeployment of the Clerk and Deputy Clerk of the Rivers State Assembly by Governor Fubara.

Justice Omotosho stressed that the governor lacked the statutory rights to interfere with the operations of the Assembly, adding that he acted in contempt of a subsisting order that barred the parties from taking any steps to overreach the matter that was pending before the court.

Besides, the court held that the National Assembly could not take over the legislative affairs of the state in the absence of the preconditions that were listed under section 11 of the 1999 Constitution, as amended.

Consequently, the court, among other things, nullified all actions the Rivers Assembly took without the participation of the Amaewhule-led members of the House, among which included the presentation of the state appropriation bill.

It issued an order of injunction, restraining Governor Fubara from impeding or frustrating the operations of the Assembly under Amaewhule’s leadership as its speaker.

It ordered the governor to release all funds standing to the credit of the Rivers State House of Assembly.

While upholding the verdict of the lower court, the appellate court held that Fubara conceded to the Amaewhule-led lawmakers when he withdrew all the processes he filed against their suit.

“A party must be consistent in the presentation of its case. A party cannot approbate and reprobate or blow hot and cold at the same time,” the appellate court held.

It held that the orders of the trial court were appropriate given the circumstance of the case, saying the appeal Fubara filed before it amounted to an academic exercise.

Accordingly, it ordered Fubara to pay a cost of N500,000 to each of the Respondents in the appeal marked: CA/ABJ/CV/133/2024.

 

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NHRC calls for suspension, prosecution of senator Fadahunsi over threat to kill Accord Party supporters

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The National Human Rights Commission, NHRC, has urged the senate, to suspend the senator representing Osun West, Francis Adenigba Fadahunsi for threatening to kill Accord Party members and supporters if they come out to vote on Saturday.

The senator, while addressing party supporters at Ilesha on Saturday, threatened Accord Party members and urged his party loyalists to kill them if they come out to vote in the coming governorship election August 15.

“From now on, whenever you see Accord members, kill them. I authorise you to kill them. They have wives and children too. This is a Federal Government election. On election day, even if they come with voter cards, we won’t allow them to vote,” the PDP senator said.

Reacting to the development, the Executive Secretary of the Commission, Tony Ojukwu, SAN, said the statement was capable to setting the nation ablaze and lead to abuse of rights of citizens as well as loss of lives.

He described this remarks as incitement to murder, electoral violence, and voter intimidation, saying no well meaning Nigeria should sit by and allow such rhetoric to be tolerated without consequences from the law enforcement authorities.

Ojukwu said it was not enough for the Senator to attempt explaining what he meant by the threat after the massive rebuke from the public, adding that many of his followers have already taken his directives to heart.

In a statement Wednesday, Ojukwu also urged all party chairmen to issue directives to their members to desist from any hateful , inciting, intimidating and call to violence statements ahead of all coming up elections.

“Any candidates or party faithfuls who violate these directives should be called out for violating constitutional and electoral frameworks for peaceful elections and should be surrendered to law enforcement authorities for prosecution,” Ojukwu said.

“This is not politics. This is a licence to kill. A public officer who tells citizens to murder other citizens because of party affiliation must not be allowed to remain in office for one more day,” Ojukwu said.

“The Senate leadership is hereby called upon to suspend Senator Fadahunsi immediately pending conclusive investigation by the police.

The Police and DSS must also arrest, investigate, and prosecute him now. We cannot wait until blood is spilled in Osun before we act. Prevention is the duty of the state and the leadership of the NASS is part of the state.”

The alleged remarks come days before the August 15 Osun governorship election

The NHRC said that given the gravity of the statements attributed to the Senator in the video, the matter requires urgent investigation by security agencies under due process.

The Commission is calling on authorities to immediately suspend Senator Fadahunsi from all Senate duties pending investigation.

The Commission urged citizens of Osun to remain peaceful and to report any threats to the Commission and relevant authorities as it has set up a situation room to report and document such incidents during the election period.

 

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I have no regrets for my statement, I won’t apologize- says Sheikh Yahya Jingir

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Sheikh Yahya jingir, an Islamic cleric and leader of the Izala Scholars Council, has said he has no regret over his recent declaration of support for a Muslim-Muslim presidential ticket, despite criticisms trailing the statement.

Jingir, who spoke in an interview with BBC Hausa monitored by Nationwide Reports on Wednesday, said his position was not politically motivated or intended to campaign for President Bola Ahmed Tinubu, but was based on what he described as his responsibility as a Muslim.

He said he would continue to support and encourage Muslims to back a Muslim-Muslim ticket, regardless of the criticisms his position might attract.

“I will continue to support and encourage the Muslim-Muslim ticket. What they say would not stop me. They started it; at a point, we suffered in their hands,” he alleged.

The cleric had, during a mass wedding organised by the Kano State Government for 1,500 couples, declared his support for the Muslim-Muslim arrangement and urged Muslims to vote in a manner that would demonstrate their numerical strength in the country.

Jingir said he decided to support the arrangement after President Tinubu “raised the flag” of the Muslim-Muslim ticket.

He added that, as a Muslim preacher, he had the right to advocate a political arrangement that was consistent with his religious convictions.

The cleric also challenged claims that Christians or other religious groups constituted a larger population than Muslims in Nigeria.

His remarks have continued to generate reactions, with some commentators describing them as divisive, while others have defended his right to express his religious and political views.

 

 

 

 

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Nigerian senator Francis Adenigba Fadahunsi urges loyalists to kill Accord party members, supporters on Osun election day

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Francis Adenigba Fadahunsi, the senator representing Osun East Senatorial District, has threatened to kill Accord Party members and supporters if they are seen on election day.

The Osun state governorship election is taking place on Saturday August 15.

Fadahunsi, who spoke in Yoruba while addressing supporters in Ilesha, said there would be trouble if members of the Accord Party were seen in the area, urging his supporters to come out and vote during the election.He also called on those present to record his statement, while making a remark that suggested his supporters would confront Accord Party members if they encountered them before the election.

“If we hear of Accord Party members coming to Ilesha, there will be trouble. We will all come out and vote. Please record me. We are here, and between now and the election, if we see anyone from the Accord Party, we will kill them,” he said.

The statement comes amid heightened political activities in Osun State ahead of the governorship election, with political parties intensifying campaigns and mobilisation of supporters across the state.

Fadahunsi is a member of the Peoples Democratic Party (PDP) and currently represents Osun East Senatorial District in the National Assembly.

 

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