Supreme Court Clarifies Restoration Of Amaewhule-Led Rivers Assembly
A certified true copy (CTC) of the Supreme Court judgment regarding the political crisis in Rivers State has clarified why the apex court reinstated the Hon. Martin Amaewhule-led leadership of the State House of Assembly.
In a 62-page judgment obtained on Thursday by our correspondent, the court emphasized that there was no evidence to support the defection claims made against the 27 members of the House of Assembly, who were allegedly accused of moving from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
The judgment, signed by Justice Emmanuel Agim, revealed that Rivers State Governor, Siminalayi Fubara, who had initiated the allegations of defection, later withdrew them at the Federal High Court in Abuja.
By rejecting the defection claims against the Amaewhule-led leadership, the Supreme Court ruled that, in legal terms, no defection had occurred. Consequently, the status quo in the House of Assembly must remain unchanged.
Justice Agim, endorsing the judgment, emphasized that no House of Assembly could exist other than as prescribed by the 1999 Constitution. He further stated that the Constitution did not support Governor Fubara’s recognition of only four members as the legitimate House of Assembly.
The court declared it an aberration for Governor Fubara to make requests, nominations, or presentations to the Rivers State House of Assembly unless they were directed to the one led by Hon. Martin Amaewhule, who is believed to be loyal to former governor Nyesom Wike.
“What is clear from the above concurrent findings is that the 8th respondent (Fubara) began preventing the sittings of the Rivers State House of Assembly, as constituted by the number of members prescribed by Section 96 of the 1999 Constitution, long before the defection allegations against the remaining 27 members surfaced,” the judgment read.
The court further found Fubara’s actions illegal and unconstitutional, as upheld by the Court of Appeal’s judgment in Appeal No. CA/ABJ/CV/133/2024, which concluded that the governor’s attempt to subvert the House of Assembly, the Constitution, and democratic governance in Rivers State was baseless.
The court added that Fubara’s efforts to justify the collapse of the House of Assembly using Sections 102 and 109 of the Constitution, based on the defection allegations, were an attempt to perpetuate his illegal actions and undermine the state’s legitimate government.
“It is clear that the 8th respondent (Fubara) collapsed the Rivers State House of Assembly. Therefore, the question of whether any member lost their seat due to defection does not arise. A functioning House of Assembly is necessary for any constitutional processes to take place,” the judgment noted.
The court stressed that Fubara’s continued exclusion of the 27 members from the House was a deliberate effort to prevent them from carrying out their legislative duties and an abuse of constitutional provisions.
The judgment concluded by reaffirming that the claim of defection against the 27 members was without merit, and their removal from the House of Assembly could not be justified. It further stated that the governor’s fear of impeachment was not a legitimate reason for his attacks on the House, the Constitution, or the rule of law.
As a result, the Supreme Court dismissed Cross-appeal No SC/CV/1175A/2024, affirming the judgment of the Court of Appeal. The Federal High Court’s decision in Suit No. FHC/ABJ/CS/984/2024 was also affirmed.
The court ordered that the Central Bank of Nigeria and the Accountant General of the Federation immediately cease releasing any funds to the Rivers State Government until an appropriation law is passed by the House of Assembly, as prescribed by the 1999 Constitution.
Finally, the judgment instructed that Rt. Hon. Martin Chike Amaewhule and the other 26 members resume their sittings as Speaker and members of the Rivers State House of Assembly without hindrance, and that the Assembly should immediately reconvene with all elected members present.
