Falana Clarifies Supreme Court Ruling on Rivers Assembly Crisis
Lagos — Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has provided clarity on the recent Supreme Court ruling regarding the Rivers State House of Assembly crisis, emphasizing that the judgment did not determine the legitimacy of Martin Amaewhule as Speaker of the House.
Falana made these remarks during an appearance on Channels Television’s Politics Today on Monday, February 10, 2025, following the Supreme Court’s dismissal of an appeal filed by Rivers State Governor Siminalayi Fubara against the Amaewhule-led Assembly.
The senior lawyer explained that the appeal was dismissed not on its merits but because it was withdrawn by the governor’s legal team, rendering the case an “academic exercise.”
“When an appeal is dismissed not on merit but on the basis of withdrawal by the appellant, the question of celebration doesn’t arise,” Falana stated. “What happened in this case is that the governor of Rivers State instructed his lawyers to withdraw the appeal on the grounds that it had become an academic exercise. In other words, the issues are no longer alive, and therefore, why waste the time of the court?”
Falana further clarified that the Supreme Court did not rule on the authenticity of Amaewhule’s leadership or the legitimacy of the rival faction led by Victor Oko-Jumbo. “The court did not determine who is a speaker or who is not a speaker. No, it didn’t come up,” he said.
Background of the Crisis
The Rivers State Assembly crisis began in 2023 when 27 lawmakers loyal to former Governor Nyesom Wike defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). This move led to a split in the Assembly, with Amaewhule leading the pro-Wike faction and Oko-Jumbo heading a smaller group believed to be loyal to Governor Fubara.
Since the defection, Fubara has conducted state affairs with the Oko-Jumbo-led faction, sidelining the Amaewhule group. However, Falana pointed out that the defecting lawmakers had automatically forfeited their seats under Section 109(1)(g) of the 1999 Constitution, which mandates that legislators who switch parties without a division in their original party lose their seats.
“The 27 PDP lawmakers of the Rivers State House of Assembly who decamped to the APC lost their seats because they were declared vacant,” Falana asserted.
Legal and Political Implications
Falana also addressed the legality of the Oko-Jumbo-led faction, noting that while a small group of lawmakers can perform legislative functions, they lack the numerical strength to initiate impeachment proceedings against the governor. “Three members of the state House of Assembly can carry out legislative functions except when it comes to impeaching the governor,” he explained.
The senior lawyer’s comments shed light on the complexities of the Rivers State crisis, which has been characterized by political brinkmanship, legal battles, and a deepening rift between the executive and legislative arms of government. The Supreme Court’s dismissal of Fubara’s appeal, while a procedural decision, has done little to resolve the underlying issues.
A Crisis Far From Over
The Rivers State Assembly crisis underscores the broader challenges of political defections, constitutional adherence, and the rule of law in Nigeria’s democracy. The defection of the 27 lawmakers and the subsequent declaration of their seats as vacant have raised questions about the stability of legislative institutions and the accountability of elected officials.
Falana’s intervention highlights the need for a clear legal framework to address such crises and prevent them from undermining governance. While the Supreme Court’s ruling has temporarily halted the legal battle, the political standoff in Rivers State remains unresolved.
As the crisis continues, the people of Rivers State are left to grapple with the consequences of a divided government and the potential paralysis of critical legislative functions. The resolution of this impasse will require not only legal clarity but also political will and a commitment to the principles of democracy and good governance.
For now, the Rivers State Assembly crisis serves as a stark reminder of the fragility of Nigeria’s political institutions and the urgent need for reforms to strengthen the country’s democratic foundations.
Reference
Falana Clarifies Supreme Court Ruling on Rivers Assembly Crisis