A Landmark Ruling
The Supreme Court of Nigeria has provided detailed reasoning behind its decision to restore the Martin Amaewhule-led Rivers State House of Assembly, dismissing claims that 27 lawmakers defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). The court’s 62-page judgment, obtained by DAILY POST, criticized Governor Siminalayi Fubara for undermining the legislative arm of government and attempting to rule without oversight.
The ruling reaffirms the importance of constitutional governance and the separation of powers in Nigeria’s democracy.
Key Findings of the Supreme Court
The judgment, delivered by Justice Emmanuel Agim, highlighted several critical points:
- No Evidence of Defection: The court found no evidence to support Governor Fubara’s claim that 27 lawmakers had defected to the APC. Fubara himself withdrew the defection allegations during proceedings at the Federal High Court in Abuja.
- Illegal Exclusion of Lawmakers: The court ruled that Fubara’s actions to prevent the 27 lawmakers from participating in legislative activities were unconstitutional.
- Collapse of the Legislature: By excluding the majority of lawmakers, Fubara effectively collapsed the Rivers State House of Assembly, creating a vacuum in governance.
- Doctrine of Necessity Misapplied: The court rejected Fubara’s reliance on the doctrine of necessity, stating that it cannot be used to justify illegal or unconstitutional actions.
Court’s Criticism of Governor Fubara
The Supreme Court did not mince words in its criticism of Governor Fubara’s actions, describing them as “despotic” and a threat to democracy.
“The Executive arm has chosen to collapse the Legislature, allowing the Governor to rule without legislative oversight, effectively as a despot. As it stands, there is no functioning government in Rivers State,” the judgment stated.
The court also dismissed Fubara’s fear of impeachment as a justification for his actions, emphasizing that political disagreements cannot override the rule of law.
Restoration of the Amaewhule-Led Assembly
The Supreme Court ordered the immediate restoration of the Martin Amaewhule-led Rivers State House of Assembly, directing all 27 lawmakers to resume their legislative duties without hindrance.
“The Rt. Honourable Martin Chike Amaewhule and the other 26 members should forthwith resume sitting, unhindered, as Speaker and members, respectively, of the Rivers State House of Assembly,” the judgment declared.
Financial Implications
In a significant move, the court ordered the Central Bank of Nigeria (CBN) and the Accountant General of the Federation to stop releasing funds to the Rivers State government until a proper Appropriation Law is enacted by the restored House of Assembly.
“The Central Bank of Nigeria and the Accountant General of the Federation should forthwith stop releasing and paying to the Government of Rivers State, its organs, departments, and officials any money belonging to Rivers State until an Appropriation Law is enacted by the Rivers State House of Assembly,” the judgment stated.
A Victory for Constitutional Governance
The Supreme Court’s ruling is a landmark decision that reinforces the principles of constitutional governance and the separation of powers. By restoring the Amaewhule-led Assembly and condemning Governor Fubara’s actions, the court has sent a clear message that no individual or branch of government is above the law.
As Rivers State moves forward, the judgment serves as a reminder of the importance of upholding democratic institutions and the rule of law.