*State government calls for calm, urges residents to be law-abiding
*Says defection suit pending in court, FHC fixes April 30 for hearing
*Wike hails judgment INEC to Fubara: Your allegations against us misplaced
Alex Enumah, Adedayo Akinwale in Abuja and Blessing Ibunge in Port Harcourt
Uncertainty and concerns yesterday pervaded Rivers State following the decisions of the Supreme court to halt federal allocations to the State as well as insisting that the subsisting decision of the trial court and the Court of appeal was that the 27 lawmakers of the State Assembly deemed to have defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) were still members of the Assembly.
The Apex court went further to declare as null and void as well as illegal, the local government election conducted by the State, ruling that it was not in accordance with the provisions of the Electoral Act 2022.
The State government in its reaction called for calm, reminding the people that the case of the membership of the defected lawmakers was still pending at a Federal High Court in Port Harcourt, which had adjourned hearing on the matter to April 30, 2025, adding that they were studying the decision of the apex court to understand the implication of the judgment.
However, former Governor of Rivers State and Minister of the Federal Capital Territory, Nyesom Wike, in his reaction, commended the Supreme Court.
Equally, the APC in the State went into an early jubilation calling the judgment the best that has happened to restore sanity.
This prompted the Independent National Electoral Commission (INEC) to plead innocence of the charge that it was doing the bidding of the opposition in the State by refusing to conduct bye-elections to replace the defected lawmakers.
The trial court had struck out the case filed by Fubara after he withdrew the matter following the peace brokered by President Bola Ahmed Tinubu between the governor and his estranged godfather, Wike.
The Supreme Court held that the Governor had to purge himself of the disobedience to court order, which said the defected lawmakers were still members and that he had to present the budget of the state to them
The apex court in its judgments on five appeals and cross appeals in the leadership crisis in Rivers State restored a judgment of a Federal High Court, which last year restrained the Central Bank of Nigeria (CBN) and the Accountant General of the Federation (AGF) from releasing funds from the federation accounts to the Government of Rivers State.
According to the apex court, the State was no longer entitled to what was accrued to it from the federation, until the government submits to the rule of law and the Constitution.
While 27 of the lawmakers under the Speaker, Rt Hon. Martin Amaewhule are said to be loyal to Wike, the remaining five led by Okoh Jombo, are on the side of Fubara.
While Rt. Hon Edison Ehie, had initially led the Fubara loyalists, he had resigned as the factional speaker to assume the position of Chief of Staff to the Rivers State Governor.
Following, unresolved issues and the threat of impeachment by the Wike loyalists, who were said to have defected to the APC, Fubara had presented the 2024 appropriation before the four-member House of Assembly, thereby opening the floodgate of litigations.
Majorly, the cases decided by the apex court yesterday bordered on the issue of spending the State’s funds allegedly without approval by the State Assembly and the validity of the October 5, 2024 Local Government Elections in the state.
Delivering judgment in four appeals and cross appeals regarding State funds, the apex court set aside the judgment of the Court of Appeal, which earlier nullified the trial court judgment on the grounds that the trial court lacked jurisdiction to entertain the suit in the first place.
Justice Joyce Abdulmalik of the Federal High Court in Abuja, had in her judgment delivered on October 30, last year, restrained the CBN and AGF from releasing funds to the Rivers State Government over alleged constitutional breach.
According to the trial judge, the budget being operated by the state was not passed by a lawful arm of the Rivers State House of Assembly, therefore the Rivers government should be prevented from alleged further violation of the laws.
However, the appellate court in its own judgment on December 13, upturned the decision of Abdulmalik and struck out the suit on grounds of want of jurisdiction.
The three-member panel of the appellate court led by Justice Hamman Barka, had held that the mere listing of federal agencies in a suit does not confer unrestricted jurisdiction on the Federal High Court.
Besides, the appellate court held that the subject matter which centers on the appropriation of a State ought not to have been entertained by the trial court.
But, the apex court in its unanimous judgment delivered by Justice Emmanuel Agim, disagreed with the appellate court, pointing out that the issue brought before the trial court was mainly seeking the enforcement of the earlier judgment of Justice James Omotosho of a Federal High Court, Abuja which had in January last year ordered Fubara to represent the 2024 appropriation of Rivers State before the Amaewhule-led Rivers State House of Assembly.
“This wrong view influenced it to hold that the subject matter was not within the power of the Federal High Court,” Agim held, adding that what was at the center of the case was the refusal of governor Fubara to obey a subsisting court order mandating him to represent the budget before the Amaewhule-led faction of the house, which the court observed is the authentic leadership.
Besides, the apex court held that the Amaewhule-led faction are still members of the Rivers State House of Assembly, pending the determination of their alleged defection.
The apex court noted that Sections 102 and 109(1g) upon which Fubara relied upon to present the budget before the four-member house of assembly, does not apply in the instant case, as the situation does not warrant the adoption of the doctrine of necessity.
Agim further pointed out that the challenges faced by the governor were self-inflicted, when he withdrew his processes against the case of the Amaewhule faction before Justice Omotosho.
Besides, the apex court observed that the defense filed by Ehie was of no moment because having resigned from the Rivers State House of Assembly, he lacks any right to defend the suit.
Faulting, Fubara further, the apex court observed that the governor’s action was fueled by fear of impeachment, as evidence abound of the various steps he took to prevent the house from sitting such as withholding their funds and destruction of the legislative quarters.
“This series of actions” he said, led the Wike loyalists to initiate court actions against the governor.
In upholding the judgment of the trial court which nullified the passage of the bill by four members of the house of assembly, the apex court held that the legislature is the fulcrum of democracy which must be guarded jealously.
Agim held that the governor’s resort to doctrine of necessity was a red herring to perpetrate illegality and continue to subvert the rule of law, stressing that a government cannot exist without one arm. “The governor has chosen to collapse the legislature…as it is there is no government in Rivers State”.
While pointing out that Section 109 of the Constitution can only come into operation where the constitution did not envisage a particular occurrence, the apex court held that, “the fear of impeachment is no justification for his attack on the legislature”.
“In the light of the foregoing the cross appeal lacks merit and it is hereby dismissed”, Agim held, just as he went ahead to restore the judgment of the Federal High Court which barred the CBN from further release of allocations to Rivers State, until the state comply with the order directing the approval of the Rivers State House of Assembly before spending of the state’s funds.
Furthermore, the apex court in the second set of appeals nullified the conduct of the October 5, 2024 Local Government Elections in Rivers State.
The apex court in a unanimous judgment delivered by Justice Jamilu Tukur, held that the election was conducted in clear violation of the provisions of the Electoral Act, 2022.
According to the apex court, its findings revealed that INEC did not carry out a review of the voter’s register in line with the law and that notice was not also given.
Recall that Justice Peter Lifu of the Federal High Court in Abuja had in September last year restrained the Independent National Electoral Commission (INEC) from releasing voter’s register to the Rivers electoral body for the conduct of the October 5, polls because the said register has not been updated.
Besides, Justice Lifu had also restrained the police and other security agencies from providing security for voters during the election. However, the Court of Appeal, upturned the decision of the Federal High Court, which has now been upturned by the apex court.
Remain Calm, Defection Matter Still Pending in Court
Meanwhile, the Rivers State Government has clarified that determination of the issue on defection of the 27 lawmakers of the State House of Assembly was still pending the Federal High Court in Port Harcourt, and not yet before the Supreme Court.
The State Commissioner for Information and Communication, Joe Johnson clarified, while reacting to the Supreme Court judgments yesterday, on the political crisis in the state.
Johnson, who stated that although they were yet to receive the details of the judgment and its implication, assured that after evaluating it, the government will take positive steps in the interest of the people.
He said, “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.”
The Information Commissioner said further: “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.”
Johnson further assured that the Fubara’s led-administration was committed to “upholding the mandate to protect the best interest and the rule of law in all matters affecting our dear State”.
Wike Hails Judgment
However, Federal Capital Territory, Nyesom Wike, commended the Supreme Court for the judgment.
Wike stated that the judgment reaffirmed the supremacy of the law and marked an end to what he described as impunity in the State.
He said: “It is happiness for Rivers people. It is happiness for Nigerians that, yes, this impunity must stop. Enough is enough. We can’t continue with this. We are not prisoners of war. We are not conquered people. We must challenge anything we know that is illegal, and we will not allow it.
“You took an oath to abide by the Constitution, but you came out to say the court’s judgment is corrupt. Thank God, today, the Supreme Court has said it all—go back and follow the law.”
He further criticised Fubara’s handling of the crisis, accusing him of disregarding court orders and violating constitutional provisions.
Wike, while praising the judiciary, commended his legal team for their efforts in securing the ruling.
INEC: Allegations against Us over Defections Misplaced
Also, INEC said the allegations leveled against the commission by Fubara was misplaced.
Rotimi Oyekanmi, the Chief Press Secretary to INEC Chairman, Mahmood Yakubu in a statement issued yesterday, said while the Commission was aware of the situation in the Rivers State House of Assembly, it could not have conducted fresh elections while the case was still pending before courts.
He, therefore, urged people occupying high public offices to be circumspect in their public statements before they mislead the public and cast aspersions on public institutions, particularly where they are aware of the pendency of cases in court.
Oyekanmi noted: “Our attention has been drawn to a statement credited to the Governor of Rivers State, Siminalayi Fubara, in which the Commission was accused of selective implementation of elections to fill vacancies arising from the defection of serving members of the National and State Assembly from one political party to another.
“While no specific instances of the alleged selective action were presented, the statement specifically accused the Commission of deliberate failure to fill the vacancies resulting from the protracted crisis in the Rivers State House of Assembly where two factions are jostling for control.
“In the midst of the crisis, three or so lawmakers have declared the seats of 27 members vacant and vice versa.
“While the Commission is aware of the situation in the Rivers State House of Assembly, the matter is pending in court and, therefore, sub judice.
“For the avoidance of doubt, the Commission has been joined in several suits filed by litigants at various courts, including the Supreme Court. Under the circumstances, the Commission must await the final judicial pronouncement on the matter before it embarks on a puerile exercise that may eventually amount to a nullity and a waste of public funds.”
APC Hails Judgments, Eze Kicks
Rivers State Chapter of the All Progressives Congress (APC) led by Chief Tony Okocha also hailed the Supreme Court decisions on the State political crisis.
The APC in a statement by its factional publicity secretary in the state, Chibike Ikenga, “reiterated the need for obedience to the laws of the land as the only panacea to enthrone peace, tranquility and development.”
Ikenga alleged that, “the refusal of the Executive arm of the government under Governor Fubara to abide by the laid down procedures of Separation of Powers (Montesquieu) and the Rule of Law (A V Dicey) led to the incessant breakdown of law and order in the State.”
He urged the State Governor to abide by the court order for peace to thrive in the state.
“We call on all lovers of democracy, men, women of goodwill to prevail on Governor Fubara to quickly retrace his steps not supported by the laws and do the needful for the development of our dear state to thrive,” he added.
“As a party, you will recall that we had at various opportunities called on Governor Fubara to obey court orders, rulings, judgments and the extant laws for peace but all our entreaties fell on deaf ears as the Governor was more interested in listening to ‘conflict prenuers’ who cashed in on his ‘naivety’ to scam the state and dealt a very big blow to our treasury and development,” he said.
Also, a chieftain of a faction of the APC in the State, Eze Chukwuemeka Eze, said the decision of the court recognising Martin Amaewhule and 27 other lawmakers as authentic members of the State House of Assembly was a declaration of legal war against the state.
Eze, who was a former nPDP National Publicity Secretary, described the day as a black Friday for Rivers State, stressing that the judgement is a war against democracy in the country.
According to Eze, “The Supreme Court ruling that the Martins Amaewhule led State House of Assembly to resume sitting after all the facts of them decamping to APC with the dire consequences of taken such a step.
“For the Supreme Court to ignore these facts and support the illegality of asking Amaewhule to continue sitting is not only unfortunate, wicked, evil, sad, undemocratic and declaration of war against the people of Rivers State and democracy in Nigeria.”
He said “Nigerians should not think that this sad stand against Rivers State is against Gov Sim Fubara but against our democracy so Nigerians should arise and defend our democracy.”
The APC chieftain continued that “For the Supreme Court to order the CBN to stop forthwith the release of funds due to the State by the FG simply expose that this are all plots not only to serve the thinking of Nyesom Wike but ensure that the State that lays the Golden egg for the development and emancipation of Nigeria out of existence
“The next few days will be very interesting to see how these plots aimed at removing the Governor will play out.”
