The political crisis in Rivers State escalated on Friday following a Supreme Court ruling affirming Martin Amaewhule and 26 others as valid members of the State House of Assembly.
The verdict, delivered in Abuja, triggered widespread jubilation among supporters of the Minister of the Federal Capital Territory, Nyesom Wike, in Rivers State.
Celebration Among Pro-Wike Lawmakers and Allies
The 27 lawmakers, who are staunch allies of Wike and the primary beneficiaries of the judgment, held a plenary session immediately after learning of the ruling.
In a viral video, Wike was seen celebrating with his allies, including former and serving senators such as Allwell Onyesom, Magnus Abe, Kelechi Nwogu, Emeka Woke, and Chibudom Nwuche. They sang and danced in thanksgiving for the victory.
Wike Hails Judgment as Victory for Democracy
Reacting to the ruling, Wike described the judgment as a reinforcement of the principle that a budget must be presented to a duly constituted legislature to ensure lawful governance.
“Let’s give God all the glory and honour. God has helped to do it for everybody and for the interest of the people and the state.
“A governor would go and bring down the House of Legislature, and we will act as if nothing has happened to an arm of government that is independent,” he added.
Supreme Court Condemns Fubara’s Actions
A five-member panel of the Supreme Court ruled that it was unconstitutional for Governor Siminalayi Fubara to govern with only four out of 31 House of Assembly members.
The justices criticised Fubara for demolishing the Rivers Assembly complex to prevent the defected 27 lawmakers from sitting, forcing them to convene elsewhere to perform their legislative duties.
“Four members sitting as purported members of the House of Assembly in disobedience to the subsisting order of the court is a nullity,” the apex court held.
The court further stated that the legislature is a critical arm of government and must be protected at all costs.
Justice Emmanuel Agim ordered that the Clerk and Deputy Clerk of the Assembly, who were unlawfully redeployed, be reinstated along with other Assembly staff.
The court rebuked Fubara for using his immunity under Section 308 of the 1999 Constitution to commit “barbaric acts” against the rule of law.
“It is my view that it is indiscipline born out of executive powers. This is a joke taken too far,” Justice Agim declared.
The justices ruled that the 27 lawmakers must be allowed to resume their duties without obstruction.
“The government cannot be said to exist without one of the three arms of government. The illegal actions of the governor cannot be justified,” the court stated.
The Supreme Court also imposed a N5 million fine against Fubara.
Rivers State Funds Withheld Until Assembly Is Properly Constituted
In a separate ruling, the Supreme Court barred the Central Bank of Nigeria and the Accountant-General of the Federation from disbursing funds to the Rivers State Government until the House of Assembly is properly constituted as required by the 1999 Constitution.
Justice Agim upheld the October 24, 2024, ruling of Justice Joyce Abdulmalik of the Federal High Court in Abuja, which ordered the CBN to halt the disbursement of funds to Rivers State.
Supreme Court Voids Rivers LG Elections
The Supreme Court also nullified the October 5, 2024, local government elections in Rivers State.
Delivering the judgment, Justice Jamilu Tukur ruled that the elections were invalid due to the Rivers State Independent Electoral Commission’s failure to meet the required legal conditions.
The apex court overturned the Court of Appeal’s decision, which had dismissed the trial court’s ruling for lack of jurisdiction, and reinstated the judgment of the Federal High Court.
Justice Peter Lifu of the Federal High Court had earlier restrained the Rivers State Independent Electoral Commission from conducting the elections, citing the need for an updated voter register and a mandatory 90-day notice before setting an election date.
Amaewhule Mocks Fubara, Declares Victory
Reacting to the judgment, Speaker of the Rivers State House of Assembly, Martin Amaewhule, hailed the Supreme Court’s decision, describing it as a victory for democracy and the rule of law.
Speaking during Friday’s plenary session, he criticised Governor Fubara, saying the judgment would force him to “repent from his sins.”
“The governor was running a criminal government with illegal appointees,” Amaewhule alleged.
This was contained in a statement issued by the Speaker’s media aide, Martins Wachukwu, titled, We Believe Governor Fubara Will Repent from His Legion of Sins, Now That the Supreme Court Has Spoken – Rivers Assembly Speaker.
Rivers APC Hails Verdict
Meanwhile, the Chief Tony Okocha-led All Progressives Congress in Rivers State welcomed the Supreme Court judgment, stating that it had resolved the protracted crisis between the executive and legislative arms of the state.
The party’s state Publicity Secretary, Chibike Ikenga, made this known in a statement issued in Port Harcourt.
‘Judgment Is a Declaration of War’ – Eze
However, an APC chieftain loyal to former Minister of Transport, Rotimi Amaechi, Chief Chukwuemeka Eze, condemned the ruling, describing it as a “declaration of war on Rivers State.”
Eze stated that the judgment marked a “black Friday” for Nigeria’s democracy, accusing anti-democratic forces of waging an onslaught against Governor Fubara.
Despite his criticism, he commended Fubara for standing firm against what he termed “anti-democratic forces.”
Rivers Government to Review Supreme Court Judgment
The Rivers State Government announced that it was reviewing the implications of the Supreme Court verdict, particularly regarding the state’s funds and local government administration.
In a statement issued in Port Harcourt, the Commissioner for Information and Communications, Joseph Johnson, noted that the case determining the status of the 27 lawmakers who defected from the PDP to the APC was still pending before the Federal High Court in Rivers State.
“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.
“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 got the details of the judgment from our legal team, we enjoin Rivers people to remain calm, law-abiding, and go about their legitimate businesses as we seek clarity on the judgment.
“We believe that the determination of the main issue of 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 stated.
PANDEF Calls for Review of Judgment
The Pan Niger Delta Forum has called for a review of the Supreme Court judgment on withholding Rivers State’s allocations.
In a statement issued on Friday, PANDEF spokesman, Obiuwevbi Ominimini, expressed concern that the people of Rivers State would bear the brunt of the ruling.
INEC Cautions Against Premature Actions on Assembly Vacancies
Meanwhile, the Independent National Electoral Commission on Friday issued a warning regarding the handling of vacancies in the Rivers State House of Assembly, following accusations by Governor Fubara that INEC was selectively conducting elections to fill vacancies caused by political defections.
In a statement signed by Rotimi Oyekanmi, Chief Press Secretary to the INEC Chairman, the electoral body clarified that the matter was still subjudice, with multiple court cases, including those before the Supreme Court, yet to be resolved.
INEC warned that taking premature actions could lead to unnecessary waste of public funds and potential nullification of such actions.
