A Certified True Copy (CTC) of the Supreme Court judgment on the political crisis in Rivers State has revealed the rationale behind the apex court’s decision to restore the leadership of the State House of Assembly under Martin Amaewhule. The 62-page judgment, obtained by DAILY POST on Thursday, emphasized that there was no evidence to support claims that 27 members of the House had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The judgment, signed by Justice Emmanuel Agim, disclosed that Rivers State Governor Siminalayi Fubara, who initially raised allegations of defection against the lawmakers, later withdrew the claims at the Federal High Court in Abuja. The Supreme Court held that, in the absence of substantiated evidence, no defection had occurred, and the status quo in the House of Assembly must be maintained.
Justice Agim stated that the Constitution does not support Governor Fubara’s recognition of only four members as the legitimate House of Assembly. He described Fubara’s actions as an aberration, noting that the governor’s attempts to undermine the Amaewhule-led Assembly were unconstitutional.
The judgment highlighted that Fubara had initiated actions to prevent the 27 lawmakers from participating in the House’s proceedings long before the defection allegations arose. These actions, including the shutdown of the legislative building and blocking access to lawmakers, were deemed illegal and unconstitutional by the Court of Appeal.
The Supreme Court ruled that Fubara’s reliance on Sections 102 and 109 of the 1999 Constitution and the doctrine of necessity was a ploy to perpetuate his subversion of the Rivers State House of Assembly. Justice Agim stated, “The 8th respondent (Fubara) had effectively collapsed the Rivers State House of Assembly. Therefore, no question about any member having lost his seat due to defection can validly arise.”
The court further emphasized that a functioning government cannot exist without one of its three arms, as prescribed by the Constitution. It condemned Fubara’s actions, which it described as despotic, and ordered the immediate resumption of the Rivers State House of Assembly under Amaewhule’s leadership.
In its final orders, the Supreme Court directed the Central Bank of Nigeria and the Accountant General of the Federation to halt the release of funds to the Rivers State government until an Appropriation Law is enacted by a properly constituted House of Assembly. It also mandated that Amaewhule and the 26 other members resume their legislative duties without hindrance.
DAILY MENTOR reports that the judgment underscores the importance of adhering to constitutional provisions and the rule of law in resolving political disputes. The ruling is expected to restore stability to the Rivers State House of Assembly and ensure the proper functioning of government in the state.
The Supreme Court’s decision marks a significant victory for the Amaewhule-led faction, which is believed to be loyal to former Governor Nyesom Wike, and a setback for Governor Fubara’s administration. The judgment reaffirms the judiciary’s role as a critical arbiter in upholding democratic principles and constitutional governance.