Supreme Court Orders Rivers Governor Fubara to Pay N5 Million Legal Costs to Pro-Wike Lawmakers
The Supreme Court of Nigeria has ruled that Rivers State Governor Siminalayi Fubara must pay N5 million in legal costs to 27 members of the state’s House of Assembly loyal to the Minister of the Federal Capital Territory, Nyesom Wike. The judgment, delivered by Justice Emmanuel Akomaye Agim, highlights findings that the governor engaged in unconstitutional actions to undermine the legislature and avoid impeachment.
Court Ruling and Background
The ruling followed an appeal by the 27 lawmakers, led by Speaker Martin Amaewhule, against a prior decision by the Court of Appeal. The applicants named several respondents, including the Rivers State government, the Rivers State Independent Electoral Commission, Justice Adolphus Enebeli (Rtd.), the Central Bank of Nigeria, commercial banks, the Accountant General of the Federation, Governor Fubara, the Rivers State Accountant General, and the Chief Judge of Rivers State, Justice S. C. Amadi.
Governor Fubara, listed as the 8th respondent, was found to have engaged in activities that obstructed the proper functioning of the state legislature. The Supreme Court upheld previous rulings from the Federal High Court and the Court of Appeal, which determined that his actions were unconstitutional and aimed at consolidating power by sidelining the Assembly.
Findings of the Supreme Court
The judgment outlined several measures allegedly taken by Governor Fubara to neutralize legislative oversight, including:
Seeking National Assembly intervention to assume legislative control over Rivers State.
Preventing the Assembly from convening with a constitutionally required quorum.
Organizing alternative legislative sessions with a minority faction outside the official Assembly complex.
Withholding Assembly funds and removing key officials.
Using heavy machinery to demolish the legislative building.
The Supreme Court held that these actions violated restraining court orders obtained by the 27 lawmakers and were part of a broader scheme to incapacitate the Assembly and rule without legislative opposition.
Governor’s Defection Claims Dismissed
Governor Fubara had argued that the 27 lawmakers lost their seats after defecting to another political party. However, the court dismissed this claim, stating that no credible evidence, such as party membership registers or membership cards, was presented to prove defection. It further ruled that only the House of Assembly itself has the authority to declare seats vacant—not the governor or the courts.
“The 8th respondent had collapsed the Rivers State House of Assembly,” Justice Agim stated. “Therefore, no question about any member having lost his seat in that House due to defection can validly arise.”
Implications for Rivers State Governance
In a striking rebuke, the court declared that Governor Fubara’s actions had effectively dismantled the legislative arm of government in Rivers State, leaving governance in disarray. The ruling criticized his efforts to sideline the Assembly, equating them to authoritarian rule.
“In this case, the Head of the Executive arm of the Government has chosen to collapse the Legislature to enable him to govern without the Legislature as a despot,” the court ruled. “As it is, there is no government in Rivers State.”
The court also ruled that the governor’s fear of impeachment did not justify his actions, condemning his approach as a direct attack on democracy and the rule of law.
The Supreme Court’s ruling serves as a stern warning against executive overreach. By ordering Governor Fubara to pay N5 million in legal costs to the 27 lawmakers, the judgment reinforces the autonomy of legislative institutions and upholds the principles of constitutional democracy.
With Rivers State facing political uncertainty, the ruling raises important questions about governance and the separation of powers. It remains to be seen how the state will navigate this crisis and restore a functioning government under constitutional principles.
Reference
Supreme Court Orders Rivers Governor Fubara to Pay N5 Million Legal Costs to Pro-Wike Lawmakers