A Certified True Copy (CTC) of the Supreme Court’s judgment on the political crisis in Rivers State has provided clarity on why the apex court reinstated the leadership of the State House of Assembly under Hon. Martin Amaewhule.
In a 62-page ruling obtained on Thursday, the Supreme Court emphasized that there was no credible evidence to support claims that 27 lawmakers had defected from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
Adding to this, the judgment, signed by Justice Emmanuel Agim, highlighted that Rivers State Governor Siminalayi Fubara, who initially alleged the defections, later withdrew the claim at the Federal High Court in Abuja.
By dismissing the defection allegations, the Supreme Court ruled that, legally, no such defections had occurred. As a result, the existing composition of the House of Assembly, as led by Amaewhule, remains valid.
Governor Lacked Authority to Recognize Only Four Lawmakers
Justice Agim further asserted that a State House of Assembly must be constituted as prescribed by the 1999 Constitution. He stated that Governor Fubara had no constitutional backing to recognize only four lawmakers while sidelining the other 27.
The Supreme Court condemned Fubara’s actions, labeling them an unconstitutional attempt to subvert the legislature. It ruled that any nominations, requests, or presentations made by the governor to the Assembly must be directed to the Amaewhule-led faction, which remains the legitimate House of Assembly under the law.
Court’s Strong Rebuke of Governor’s Actions
The judgment also made scathing remarks about Governor Fubara’s role in the crisis, stating:
Undermining the Legislature: The court noted that Fubara’s actions—including preventing the Assembly from sitting and allegedly orchestrating the destruction of the legislative complex—were unconstitutional.
Invalidating the Defection Claim: The judgment held that since Fubara himself had hindered the Assembly’s operations before the alleged defections, the claim that 27 lawmakers had lost their seats was baseless.
Rejecting the “Doctrine of Necessity” Argument: The court ruled that Fubara could not justify his actions by invoking the doctrine of necessity, which applies only in unforeseen constitutional crises—not in situations deliberately created to consolidate power.
Threat to Democracy: The ruling declared that by rendering the Assembly ineffective, the executive arm had effectively collapsed governance in Rivers State, warning that such actions amounted to despotism.
Key Orders of the Supreme Court
1. Financial Restrictions: The court directed the Central Bank of Nigeria and the Accountant General of the Federation to halt all financial disbursements to the Rivers State Government until a proper Appropriation Law is enacted by the duly constituted House of Assembly.
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2. Immediate Resumption of Legislative Activities: It ordered Amaewhule and the 26 other lawmakers to resume their roles immediately and continue legislative proceedings without interference.
By reaffirming the Court of Appeal’s earlier decision, the Supreme Court restored the judgment of the Federal High Court in Suit No. FHC/ABJ/CS/984/2024, effectively solidifying the Amaewhule-led leadership as the legitimate Rivers State House of Assembly.
