The Supreme Court has explained its decision to reinstate the Martins Amaewhule-led Rivers State House of Assembly, citing constitutional provisions that mandate the existence of a properly formed legislature.
In a 62-page Certified True Copy of the judgment, obtained on Thursday in Abuja, the apex court ruled that there was “no iota or shred of evidence” proving that the 27 lawmakers had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), a claim that had been central to Governor Siminalayi Fubara’s opposition to their legitimacy.
On February 28, the court had barred the Central Bank of Nigeria and the Accountant-General of the Federation from releasing funds to Rivers State, stating that the government must have a legally constituted House of Assembly before accessing funds.
Justice Emmanuel Agim, who signed the judgment, declared that the 1999 Constitution does not support the governor’s recognition of only four members as the authentic House of Assembly, emphasizing that a valid legislature must meet the constitutional requirement.
The court noted that Fubara had initially accused the 27 lawmakers of defection but later withdrew the allegations at the Federal High Court in Abuja.
Since the claim of defection was dropped, the Supreme Court ruled that the Assembly remained intact as originally constituted and should be allowed to function.
It described any engagement by the Rivers State Government with a legislature other than the Amaewhule-led Assembly as unlawful.
The judgment further criticized Fubara’s actions, stating that the governor had sought to collapse the state legislature to consolidate power, calling his justification a “red herring” aimed at undermining the rule of law.
“What is clear from the above concurrent findings is that the eighth respondent (Fubara) started the prevention of the sittings of the Rivers State House of Assembly constituted by the number of members as prescribed by Section 96 of the 1999 Constitution long before the issue of the remaining 27 members defecting to another political party arose,” the court ruled.
It further dismissed Fubara’s reliance on the doctrine of necessity, stating that the doctrine “cannot be invoked to justify the continued existence of a deliberately contrived illegal or unconstitutional status quo.
The justices warned that no government can exist without a functional legislature, stressing that Fubara’s attempt to govern without an Assembly amounted to despotism.
In a significant ruling, the Supreme Court affirmed the decision of the Federal High Court (suit No. FHC/ABJ/CS/984/2024), barring the CBN and the Accountant-General from releasing funds to the Rivers State Government until the Assembly is fully constituted and passes an Appropriation Law.
The court directed that Martins Amaewhule and the 26 lawmakers should resume their legislative functions unhindered, adding:
“The Rivers State House of Assembly should resume sitting with all elected members forthwith.”
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