A Certified True Copy (CTC) of the Supreme Court’s judgment on the ongoing political crisis in Rivers State has shed light on why the apex court restored the leadership of the State House of Assembly under Hon. Martin Amaewhule.
In a 62-page judgment obtained on Thursday, the Supreme Court made it clear that there was no evidence to support the allegations of defection made against 27 members of the Rivers State House of Assembly, who were said to have moved 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 raised the defection allegations, voluntarily withdrew the claims at the Federal High Court in Abuja.
By dismissing the defection allegations against the Amaewhule-led leadership, the Supreme Court ruled that, legally, no defection had occurred, and the status quo in the House of Assembly must remain intact.
The Court emphasized that there cannot be any House of Assembly unless it is constituted according to the provisions of the 1999 Constitution. The judgment further stated that the Constitution did not support Governor Fubara’s attempt to recognize only four members of the Assembly as the legitimate leadership.
Justice Agim noted that the actions of Governor Fubara, which included attempts to prevent the 27 members from carrying out their duties, were found to be unconstitutional and illegal. He ruled that Fubara’s actions to subvert the Rivers State House of Assembly had been ongoing before any defection claims arose and were designed to prevent the majority of lawmakers from fulfilling their legislative duties.
The Supreme Court’s ruling also held that Governor Fubara’s reliance on constitutional sections to justify his actions was unfounded. The court stressed that the “doctrine of necessity” could not be invoked to legitimize the illegal exclusion of the 27 lawmakers or justify the shutdown of the Assembly by Governor Fubara’s government.
The judgment emphasized that a government cannot function without all three arms of the state, including a duly constituted legislature. It also condemned the governor’s actions as a deliberate attempt to collapse the state’s government by undermining the legislative arm.
The Court dismissed the cross-appeal filed by Governor Fubara, affirmed the judgment of the Court of Appeal, and restored the Federal High Court’s decision. The Court further ordered that the Central Bank of Nigeria and the Accountant General of the Federation stop releasing funds to Rivers State until the House of Assembly, as prescribed by the 1999 Constitution, enacts an appropriation law.
The ruling concluded by directing the immediate resumption of the Amaewhule-led House of Assembly. Hon. Martin Chike Amaewhule and the other 26 members were instructed to resume their duties as Speaker and members of the Assembly, respectively.
