Rivers crisis: Nigerian Supreme Court explains judgement restoring Amaewhule-led Assembly

Rivers crisis: Nigerian Supreme Court explains judgement restoring Amaewhule-led Assembly

A Certified True Copy (CTC) of the Supreme Court’s judgment on the political crisis in Rivers State has provided clarity on the reinstatement of the Martin Amaewhule-led leadership of the Rivers State House of Assembly.

In the 62-page ruling, obtained by DAILY POST on Thursday, the Supreme Court ruled that there was no credible evidence to support the claim that 27 lawmakers had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

The judgment, signed by Justice Emmanuel Agim, also revealed that Governor Siminalayi Fubara, who initially alleged the lawmakers’ defection, later withdrew the claim at the Federal High Court in Abuja.

Since the defection claims were not substantiated, the Supreme Court ruled that no defection had legally occurred, thereby maintaining the status quo in the Assembly under Amaewhule’s leadership.

Justice Agim emphasized that a functional House of Assembly must exist as defined by the 1999 Constitution and criticized Governor Fubara for attempting to recognize only four lawmakers as the legitimate Assembly.

Consequently, the apex court deemed it unconstitutional for Governor Fubara to submit requests, nominations, or presentations to the State Assembly unless directed to the Amaewhule-led leadership, which is perceived to be aligned with former Governor Nyesom Wike.

The judgment stated that Governor Fubara had taken deliberate actions to prevent the Assembly from functioning, even before allegations of defection emerged. The Court of Appeal had previously declared his actions illegal and unconstitutional in Appeal No. CA/ABJ/CV/133/2024.

According to the Supreme Court, Governor Fubara’s attempts to exclude the 27 lawmakers from the Assembly were a violation of democratic principles, warning that his actions had effectively collapsed the Rivers State Legislature, leaving the Executive to operate without oversight.

The ruling dismissed Cross-Appeal No. SC/CV/1175A/2024 and reinstated the Federal High Court’s judgment in Suit No. FHC/ABJ/CS/984/2024.

The court further ordered that:

  1. The Central Bank of Nigeria (CBN) and the Accountant General of the Federation must halt all financial allocations to the Rivers State Government until the Assembly enacts a valid Appropriation Law as required by the 1999 Constitution.
  2. Martin Amaewhule and the 26 lawmakers should resume their duties immediately as Speaker and members of the Rivers State House of Assembly.
  3. The Rivers State House of Assembly should reconvene with all elected members without obstruction.

This ruling reinforces the Supreme Court’s stance on upholding constitutional governance and ensuring the legislative arm functions as prescribed by law.