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Fubara Loses Appeal Over Rivers House of Assembly as 27 Pro-Wike Lawmakers Prevail

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Governor Siminalayi Fubara

The Court of Appeal has dismissed an appeal by Rivers State Governor Siminalayi Fubara aimed at removing 27 members of the State House of Assembly who defected from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).

On Thursday in Abuja, the court ruled that Fubara lacked grounds for his appeal, having previously withdrawn his opposition in the Federal High Court case involving the pro-Wike lawmakers. Justice Joseph Olubunmi Kayode Oyewole, who delivered the lead judgment, stated that the governor could not claim to be aggrieved by the Federal High Court’s ruling after his withdrawal.

As a result, the Court of Appeal prohibited Fubara from interfering with the House of Assembly’s operations, including withholding funds and removing the Clerk and Deputy Clerk. The court also ordered him to re-present the state budget to the House under the recognized Speaker, as mandated by Justice James Omotosho of the Federal High Court.

Justice Oyewole emphasized that Fubara’s decision to withdraw from the suit rendered any subsequent claims invalid. He criticized the governor for his inconsistent approach, stating that such conduct undermines legal principles and must not be tolerated in a democratic setting.

The court voided the passage of the 2024 budget, which had been approved by only four out of 32 members, labeling the action illegal and indicative of executive recklessness. Justice Oyewole condemned Fubara’s rapid approval of the budget within 24 hours as contrary to established legal norms.

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Court Grants Yahaya Bello ₦500m Bail in ₦80.2bn Fraud Case

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The Federal High Court in Abuja has granted bail to former Kogi State Governor Yahaya Bello in the sum of ₦500 million over charges of alleged ₦80.2 billion fraud.
The presiding judge, Justice Emeka Nwite, delivered the ruling on Friday, setting stringent bail conditions to ensure compliance.
Bello’s bail terms included providing two sureties with landed properties in Abuja, who must also swear affidavits of means.
The court directed that the properties and affidavits be verified by the deputy chief registrar. Additionally, Bello must deposit his international passport with the court.
Justice Nwite underscored that the court’s decision to grant bail was discretionary, despite the gravity of the charges and previous delays caused by the defendant. “In view of the submissions by both counsels and the assurances provided, I am inclined to grant bail under strict conditions,” the judge said.

The trial is adjourned to February 24, 28, and March 6 and 7, 2025.
Bello, who served as Kogi State Governor for two terms, faces 19 counts filed by the Economic and Financial Crimes Commission (EFCC), ranging from money laundering to breach of trust and misappropriation of public funds. He pleaded not guilty to all charges.

In court, Bello’s lead counsel, J.B. Daudu (SAN), apologized for previous procedural delays, assuring that his client would attend all trial dates.
“As a two-term governor who traveled abroad only twice during his tenure, he poses no flight risk,” Daudu said.

EFCC counsel Kemi Pinheiro (SAN) did not oppose the bail application, emphasizing that the prosecution seeks justice, not persecution.
“We are prosecutors, not persecutors. Based on the assurances provided, we defer to the court’s discretion,” Pinheiro stated.
Bello is also facing a separate ₦110.4 billion charge before the Federal Capital Territory High Court in Maitama, where Justice MaryAnne Anenih had earlier ordered his remand pending the determination of his bail application.
Justice Nwite similarly ordered Bello’s remand at Kuje Correctional Facility until his bail conditions are met.

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Bello’s Bail Application fails to sail through over Procedural lapses

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Yahaya Bello

The bail application filed by the former Kogi State Governor, Yahaya Bello Bello at a Federal Capital Territory High Court on Tuesday failed to sail through following lapses in Procedure

Bello, alongside two co-defendants, is facing charges from the Economic and Financial Crimes Commission (EFCC) over alleged involvement in a N110 billion money laundering case.

Delivering the ruling, Justice Maryanne Anenih declared the application incompetent, noting it was filed prematurely before Bello was in court or custody. “Having not been filed when the first defendant was either in custody or before the court, this instant application is incompetent.
Consequently, the application, having been filed prematurely, is hereby refused,” she said.

The court indicated that the bail application, dated November 22, was submitted days before Bello’s arraignment on November 27 and his detention on November 26.
Bello’s counsel, Jacob Daudu (SAN), argued for the court’s discretion, emphasizing his client’s past as a two-term governor and his willingness to adhere to bail conditions. “The first defendant became aware of the instant charge through the public summons.
He is a responsible individual and will abide by the conditions set by the court,” Daudu asserted.

In response, EFCC counsel Kemi Pinheiro (SAN) argued that the application contravened provisions of the Administration of Criminal Justice Act, rendering it invalid.
“The timing of the filing makes it grossly incompetent. We urge the court to dismiss it,” Pinheiro said.
Meanwhile, the court granted bail to the second defendant, Umar Oricha, setting it at N300 million with two sureties. The conditions required the sureties to own properties in Abuja’s Maitama district valued at no less than the bail sum.
The original title documents of the properties and international passports of the sureties are to be submitted to the court.
Oricha must also deposit his travel documents with the court and remain in custody until all conditions are satisfied.
The case continues to draw public attention, with legal experts debating the procedural implications of the ruling.

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Again, Edwin Clark Urges Constitutional Compliance in Rivers Political Crisis

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Chief Edwin Clark

**Insists, defection by 27 lawmakers disqualifies them as members of Rivers House of Assembly

Niger Delta elder statesman and leader, Chief Edwin Clark, has expressed his deep concern over the ongoing political crisis in Rivers State, which was triggered by the defection of former Speaker Martins Amaewhule and 27 other lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
In a statement issued on the matter on Monday Chief Clark strongly criticized the actions of the defecting lawmakers, citing Section 109(1)(g) of the 1999 Constitution, which mandates that lawmakers vacate their seats if they defect from the party that sponsored their election, unless there is a nationally recognized division within the party. 
Clark made it clear that the defections, which occurred on December 11, 2023, have led to the automatic disqualification of the lawmakers from the Rivers State House of Assembly, rendering any further actions by them legally null and void.
Chief Clark traced the crisis back to tensions between Governor Siminalayi Fubara and his predecessor, Nyesom Wike. 
Clark alleged that Wike, now the Minister for the Federal Capital Territory (FCT), had sought to control the current administration, causing a breakdown in their political relationship. 
This rift was further exacerbated on October 29, 2023, when unknown assailants set fire to the Rivers State House of Assembly building. Following this incident, Amaewhule and the defecting lawmakers began pursuing legal means to cement their positions, despite their constitutional disqualification.
Clark further accused the defecting lawmakers of manipulating the judicial system to remain in power. 
He claimed that they had filed multiple contradictory affidavits and withheld key information regarding their defections from the court, thereby obtaining rulings that favored their positions. 
Chief Clark described these actions as a “flagrant abuse of court processes” and called for an investigation into both the lawmakers’ conduct and the judiciary’s role in the matter.
The elder statesman also directed his criticism at Nyesom Wike, accusing the former governor of intentionally creating instability in Rivers State. Clark alleged that Wike had used a combination of intimidation and inflammatory rhetoric to destabilize the current administration, further deepening the political crisis. 
He urged the federal government, under President Bola Ahmed Tinubu, to intervene and ensure that Wike’s actions did not go unchallenged, stressing that such behavior was a direct violation of constitutional principles.
Chief Clark reiterated that the Constitution must prevail and that the defectors’ actions were unconstitutional from the moment they changed political allegiance. 

He called for a swift judicial review of all legal actions taken by the defectors and their supporters, demanding that any rulings obtained through fraudulent means be nullified.

In conclusion, Chief Clark called on all political stakeholders in Rivers State to prioritize the rule of law and work towards restoring peace and stability in the state. 
He urged President Tinubu to ensure that all political leaders in the state adhered to the principles of constitutional governance and refrained from actions that could undermine the democratic process.
“This political crisis is a critical test for our democracy,” Chief Clark concluded. “We must resolve it in a manner that upholds fairness, justice, and the supremacy of the Constitution.”

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