Supreme Court Justifies Restoration of Amaewhule-Led Rivers Assembly
The Supreme Court of Nigeria has provided a detailed legal basis for reinstating the Hon. Martin Amaewhule-led Rivers State House of Assembly, dismissing claims of defection against 27 lawmakers. A Certified True Copy (CTC) of the court’s 62-page judgment, obtained by our correspondent on Thursday, underscores the lack of evidence supporting allegations that the lawmakers switched allegiance from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
The ruling, signed by Justice Emmanuel Agim, emphasized that Governor Siminalayi Fubara, who initially accused the lawmakers of defection, later withdrew the claim at the Federal High Court in Abuja. Consequently, the apex court determined that, in the eyes of the law, no defection had occurred, thereby reaffirming the legitimacy of the Amaewhule-led Assembly.
Governor Fubara’s Position Dismissed
The Supreme Court further rejected Governor Fubara’s attempt to recognize only four members as the authentic House of Assembly, describing it as unconstitutional. Justice Agim asserted that the 1999 Constitution does not support a fragmented legislature and stressed that Fubara’s actions amounted to an illegal subversion of the legislative arm of government.
“What is clear from the concurrent findings is that the 8th respondent (Fubara) initiated actions preventing the Rivers State House of Assembly from functioning as constituted by Section 96 of the 1999 Constitution, long before the issue of alleged defection arose,” the ruling stated.
The Supreme Court also upheld the Court of Appeal’s judgment in Appeal No. CA/ABJ/CV/133/2024, which previously ruled Fubara’s interference as unconstitutional. It further ruled that the doctrine of necessity could not be applied to justify what it termed a “deliberately contrived unconstitutional status quo.”
Condemnation of Executive Overreach
The judgment was particularly scathing in its assessment of Fubara’s role in the crisis. The court noted that by allegedly orchestrating the physical destruction of the legislative complex and blocking access to lawmakers, the governor effectively crippled the state legislature.
“A government cannot be said to exist without one of the three arms that make up the government of a state under the 1999 Constitution. In this case, the Executive arm has chosen to collapse the Legislature to enable him to govern without it—as a despot. As it stands, there is no government in Rivers State,” the judgment declared.
The court criticized Fubara’s actions as an unconstitutional attempt to evade impeachment, stating that political disagreements do not justify undermining democratic institutions. The ruling dismissed Fubara’s cross-appeal (SC/CV/1175A/2024) and fully restored the Federal High Court’s decision in Suit No. FHC/ABJ/CS/984/2024.
Implications of the Ruling
In a significant directive, the Supreme Court ordered the Central Bank of Nigeria and the Accountant General of the Federation to withhold all funds meant for Rivers State until an Appropriation Law is enacted by the reinstated House of Assembly. Additionally, the ruling mandated that Speaker Martin Amaewhule and the 26 other lawmakers resume their legislative duties without obstruction.
“The Rivers State House of Assembly should resume sitting with all elected members forthwith,” the court ruled.
This landmark judgment effectively reconfigures the political landscape of Rivers State, reinforcing the principle that constitutional governance cannot be subverted for political convenience. The decision also sets a precedent on the sanctity of legislative institutions, warning against executive overreach in state affairs.
As the political crisis unfolds, all eyes remain on the Amaewhule-led Assembly to determine how it will navigate the complexities of governance in a sharply divided state.
Reference
Supreme Court Justifies Restoration of Amaewhule-Led Rivers Assembly