A member representing Abua/Odual and Ahoada East Federal Constituency of Rivers State in the House of Representatives, Solomon Bob has faulted the interpretation of the Supreme Court judgement on the crisis rocking Rivers state by human rights lawyer, Femi Falana.

 

Bob in a statement issued Saturday described Falana’s interpretation of the judgement as misleading.

 

Recall that on 10th January, 2025, the Supreme Court dismissed an appeal by Governor Siminilayi Fubara against the judgment of the Court of Appeal, which had earlier upheld the judgment of Justice Joseph Omotosho of the Federal High Court in Suit N0: FHC/ABJ/CS/1613/2023.

 

He explained that Justice Omotosho’s judgment, which was delivered on 22nd January 2024 restrained Fubara from howsoever or in whatsoever manner making any request, presentation, or nomination in the Rivers State House of Assembly except to the House of Assembly under the leadership of Speaker Martin Amaewhule

 

Falana had claimed that the dismissed appeal related only to the 2024 appropriation law and, therefore, merely academic.

 

But the lawmaker was of the opinion that the judgment did not only address the question of the 2024 budget presentation alone, but all subsequent presentations (including that of 2025), requests, or nominations before the Rivers State House of Assembly.

 

Bob added: “However, the ink on the Supreme Court’s dismissal had hardly dried up when Mr. Femi Falana SAN appeared on a television programme to proffer yet another misleading interpretation.

 

“Indeed, virtually all the reliefs sought and granted by the Federal High Court and the decision of the Court of Appeal affirm the subsisting membership of the House of Assembly by the 27 legislators.”

 

Bob emphasised that by reason of Section 272(3) of the constitution, only the Federal High Court is vested with jurisdiction on any question of vacancy in the seats of a House of Assembly.

 

He maintained that Justice Omotosho’s judgment remained the only decision by a court with the requisite jurisdiction to have pronounced on the status of the 27 members of the Rivers State House of Assembly, adding that Falana’s insistence that they have lost their seats was outrageous and lacked legal basis.

 

Bob said contrary to Falana’s vaunted opinion, Section 109(1)(g) of the constitution is not self-executory.