…..Asks Amaewhule-Led Lawmakers To Resume Sitting
…Rivers state government react to supreme court judgement
…Fubara will act in state’s best interest
The Supreme Court has barred the Central Bank of Nigeria (CBN), the Accountant General of the Federation and other agencies from releasing funds to the government of Rivers State until it purges itself of what the court describes as flagrant disobedience to court orders.
In a one hour, thirty-six-minute judgement delivered by Justice Emmanuel Akomaye, the five-man panel of the court unanimously dismissed the cross-appeal filed by Governor Siminalayi Fubara challenging the validity of the House of Assembly presided over by Martin Amaewhule as the Speaker.
In dismissing Governor Fubara’s appeal, the court ordered Martin Amaewhule to resume sitting immediately with other elected members of the Rivers State House of Assembly.
The court held that it is an aberration for Governor Fubara to have purportedly presented an appropriation bill before a four-man House of Assembly thereby denying twenty-eight constituencies of effective representation in vagrant violation of a court order mandating him (Fubara) to re-present the 2024 appropriation bill before a validly constituted Assembly led by Amaewhule.
The apex court further held that the actions of Governor Fubara over the alleged defection of twenty-eight members of the Rivers Assembly is an act of brigandage and dictatorship aimed at preventing the House from performing its legitimate functions under the speakership of Amaewhule.
The court also held that the demolition of the Rivers State House of Assembly Complex by Governor Fubara is an act of indiscipline bordering on the excessive use of executive might to frustrate the sitting of the Assembly led by Amaewhule.
LG Chairmen sacked
In another judgement, the Supreme Court declared the local government election conducted on the 5th of October 2024, by the Rivers State Independent Electoral Commission invalid.
In a judgment delivered by Justice Jamilu Tukur, the court declared the election invalid for grossly violating the Electoral Act.
Reading the judgement, Justice Tukur said the action of the Rivers State Independent Electoral Commission is declared void for lack of substantial compliance to the Electoral Act and guidelines as the electoral body continued voter registration even after announcing an election date.
The court held that processes leading to the conduct of a local government election were abridged in clear violation of Section 150 of the Electoral Act.
Divided House
The crisis in the House resulted from the fallout between the former governor and Minister of the FCT, Nyesom Wike, and his predecessor Governor Fubara.
Following the fallout, the House was balkanised, with 27 members led by Amaehwule remaining loyal to Wike while four others led by Edison Ehie continued working with Governor Fubara.
Fubara later appointed Ehie as his Chief of Staff and Victor Oko-Jumbo took over the leadership of the House faction loyal to the governor.
The feud also saw the emergence of parallel sittings, an impeachment plot against the governor, the demolition of the Assembly complex, and a gale of resignations of pro-Wike commissioners in Fubara’s cabinet.
Both parties have been in court for months over the crisis until the Supreme Court judgement on Friday.
The Court of Appeal in Abuja had in October 2024, affirmed the judgment of the Federal High Court which set aside the N800 billion budget passed by five members of the Rivers State House of Assembly which was led by Edison Ehie-led.
The appellate court dismissed the appeal filed by the Governor of Rivers State Siminalayi Fubara on grounds that it lacked merit.
The court held that Governor Fubara withdrew his counter-affidavit at the lower court in the matter and as such cannot commence an appeal in a matter he did not challenge at the trial stage.
In the unanimous judgement, the court said that Governor Fubara is expected to apply the rule of law and not the rule of might.
The court further said that the situation in Rivers State House of Assembly is an executive dictatorship by the governor and a joke taken too far.
Fubara will act in state’s best interest – Rivers state government react to supreme court judgement
Joseph Johnson, commissioner for information and communication in Rivers, says Siminalayi Fubara, governor of the state, will act in the people’s best interest after studying the supreme court judgment.
In a statement issued on Friday, February 28, reacting to the verdict, the commissioner said the state government is yet to have the full details of the apex court’s ruling.
On Friday, February 28, the Supreme Court affirmed the judgment of a federal high court that barred the Central Bank of Nigeria (CBN) and the accountant-general of the federation from releasing statutory monthly allocations to Rivers state. The apex court also ordered the Martins Amaewhule-led faction of the Rivers state house of assembly and other elected members to resume sitting. The Amaewhule-led faction of the Rivers assembly is loyal to Nyesom Wike, minister of the federal capital territory (FCT) and immediate former governor of the state. The supreme court also nullified the local government election held in Rivers state on October 5, 2024.
In the statement, the commissioner said the state government would act after studying the judgment. “We have taken note of reports in the media regarding the recent judgment of the Supreme Court concerning the funds of Rivers State and the administration of local governments in the state,” the statement reads. “At this time, we are awaiting a detailed briefing on the implications of the judgment. We will carefully evaluate the situation and determine the next steps to take in the best interest of Rivers State and its people.
“Though we have not gotten the details of the judgment from our legal team, we enjoin Rivers people to remain calm and law-abiding and go about our legitimate businesses as we seek clarity on the judgment. We believe that the determination of the main issue of the defection of the 27 lawmakers is a matter not before the Supreme Court as it is pending at the Federal High Court in Port Harcourt.
“Since the issue of defection wasn’t on the table before the learned Justices, in their eyes, Amaewhule and the 26 others are still operating as lawmakers until that matter of defection comes before them.”
Johnson added that the state remains committed to protecting the best interest of the state and the rule of law in “all matters” affecting Rivers.
