There was uneasy calm across Rivers State yesterday following the judgement of the Supreme Court suspending federal allocation to the state and nullifying the local government election conducted by Governor Siminalayi Fubara.
Although the state’s residents, especially in the capital Port Harcourt, moved freely on the streets, they gathered in groups to discuss the apex court’s verdict.
There were also unofficial reports of members of staff of Ahoada-East local government area of the state looting chairs and computers shortly after the apex court’s judgement went public.
Similarly, a video went viral showing the chairman of Port Harcourt City local government area patrolling the streets of the state capital.
In its judgement, the Supreme Court directed the Central Bank of Nigeria (CBN) and the Accountant General of the Federation to immediately stop further release of federal funds to the state government.
It declared that the order remains in effect until Governor Fubara stops all “illegal, unlawful, and unconstitutional actions.”
Justice Emmanuel Akomaye Agim, who delivered the verdict, said no funds should be released to the state government until Speaker Martin Amaewhule’s leadership passes a lawful Appropriation Law.
He ruled that the 27 members of the State House of Assembly should resume their lawmaking duties immediately.
In the unanimous decision, the five-man panel of justices, led by Justice Musa Uwani Aba-Aji, declared all the actions taken by Governor Fubara as unlawful.
The apex court lambasted the governor for “engaging in the criminal act” of demolishing the House of Assembly complex to prevent the 27 lawmakers from performing their constitutional duties.
Justice Agim also ordered that the Clerk and Deputy Clerk, who were unlawfully redeployed, be reinstated alongside all Assembly staff.
He held that it was unconstitutional for Fubara to rule the state with only four of the 32 lawmakers, describing his concerns about impeachment as baseless.
The justices said Fubara collapsed the legislature and used his immunity under Section 308 of the 1999 Constitution to “carry out barbaric acts against the rule of law.”
It therefore directed the Amaewhule-led faction of the Assembly, along with other elected members, to resume legislative activities.
The Supreme Court faulted the Court of Appeal, Abuja for overturning the Federal High Court’s judgement.
The Federal High Court had halted the release of funds to Rivers State due to Governor Siminalayi Fubara’s failure to re-present the 2024 Appropriation Bill before the Amaewhule-led Assembly.
Agim added that the 27 lawmakers alleged to have defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) remain legitimate members of the Assembly until a final decision is reached in the suit challenging their status.
In a swift reaction, the Amaewhule-led Assembly applauded the Supreme Court justices for their well-considered judgement, which affirmed Amaewhule as the Speaker and other members of the Assembly as the properly constituted Rivers State House of Assembly.
Speaking on the judgement, Amaewhule described it as victory for democracy and the rule of law, maintaining that the Supreme Court has proved him and other members right when the House asserted that Governor Siminalayi Fubara was running a criminal government with persons not screened by the House, and without an Appropriation Law
He said, “We believe that now that the Supreme Court has spoken, Governor Siminialayi Fubara would repent from his legion of sins, and those criminals, those impostors who are parading themselves as appointees of this government without the constitutional imprimatur of this House, would desist forthwith.”
Reign Of Impunity Has Ended in Rivers, Say APC, Wike
Meanwhile, the APC in Rivers State has applauded the decisions of the Supreme Court on the political crisis rocking the state.
Speaking with journalists in Port Harcourt, the APC spokesman in the state, Hon. Chibike Ikenga, called on all lovers of democracy, men and women of goodwill, to prevail on Governor Fubara to quickly retrace his steps and do what is necessary for the state to thrive.
Ikenga said: “As a party, you will recall that we had at various opportunities called on Governor Fubara to obey court orders, rulings, judgements and the extant laws for peace but all our entreaties fell on deaf ears as the Governor was more interested in listening to ‘conflictprenuers’ who cashed in on his ‘naivety’ to scam the state and dealt a very big blow to our treasury and development.”
For his part, the Minister of the Federal Capital Territory (FCT), Nyesom Wike, commended the Supreme Court for its ruling on Friday that annulled the recent local government elections in Rivers State and recognised the legitimacy of the 27-member State Assembly led by Martins Amaewhule.
Wike told journalists in Abuja after the decision of the Supreme Court marks a significant end to the culture of impunity in Rivers State.
The former governor of Rivers State also criticized former Vice President Atiku Abubakar and Bauchi State Governor Bala Mohammed, the chairman of the Peoples Democratic Party (PDP) Governors’ Forum, accusing them of tacitly endorsing lawlessness in the region.
Wike asserted that Governor Siminalayi Fubara must follow the Supreme Court’s ruling, as it is the ultimate legal authority on the issue at hand.
“I have always said that the wheels of justice turn slowly, but they turn. After more than 15 months, this matter has been laid to rest by the highest court of the land.
“The only thing that can happen now is for everyone to appeal to God, if there is an opportunity for you to do so. The Supreme Court has made it very clear that you cannot have a democracy without a legislature.
“It is unheard of for anyone to suggest that three people can constitute an assembly to make laws for an entire state. This has nothing to do with any individual, whether you like this person’s face or not. What is important is whether three people can make laws for a state, especially when it comes to appropriation,” he said.
Wike noted that the Federal High Court had initially allowed this arrangement, but now it has been set aside. “A governor cannot dissolve the legislature and act as if nothing has happened. The independent arm of government should not be disregarded.”
“This is not about Wike, but about whether anyone can demolish another arm of government without consequences. You cannot gather three people to sit in the government house, create laws, and spend state funds as if nothing is wrong,” Wike asserted.
He reiterated that without a valid appropriation, state funds cannot be spent. “It’s critical for us to uphold the rule of law,” he stated.
Wike expressed disappointment that his statements often led to accusations against him, but he maintained that this ruling is a source of happiness for the people of Rivers.
“It is a victory for Nigerians that the apex court has declared that this impunity must stop. Enough is enough; we cannot continue like this,” he declared.
He reflected on the local government situation, reiterating that a governor, who took an oath to uphold the constitution, publicly criticized the judiciary.
“Thank God, today, the apex court has spoken,” Wike said, emphasizing that no funds should be released without an accompanying budget presented to the appropriate assembly, which includes the 27 members.
Wike also stated that violations of the electoral act in conducting local government elections cannot go unchecked.
“The Independent National Electoral Commission (INEC) insisted on compliance, but the governor refused,” he noted.
Rivers Govt Awaits Briefing On Implications Of Verdict
Meanwhile, the Rivers State government has said it is waiting for a detailed briefing on the implications of the judgement of the Supreme Court on funds accruing to the state and local government administration.
The Commissioner for Information and Communications, Warisenibo Joe Johnson, disclosed this in a statement made available to newsmen in Port Harcourt.
Johnson said the state government would carefully evaluate the situation and determine the next steps to take in the best interest of the state and its people.
The statement reads: “We have taken note of reports in the media regarding the recent judgement 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 judgment’s implications. 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 gotten the details of the judgement from our legal team, we enjoin Rivers people to remain calm, law abiding and go about our legitimate businesses as we seek clarity on the judgement.”
It, however, noted that the main issue of defection of the 27 lawmakers was 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.
“We assure you that we remain committed to upholding our mandate to protect the best interest and the rule of law in all matters affecting our dear state,” it said.
INEC Clarifies Position On 27 ‘Defected’ Lawmakers
Also yesterday, the Independent National Electoral Commission (INEC) cautioned Rivers State governor, Siminalayi Fubara against misleading the public on defections of lawmakers from his state.
According to INEC, Siminalayi Fubara accused it of selectively implementing elections to fill vacancies arising from the defection of serving members of the National and State Assembly from one political party to another.
Chief Press Secretary to the INEC chairman, Rotimi Oyekanmi, said while the commission is aware of the situation in the Rivers State House of Assembly, the matter is pending in court and, therefore, subjudice.
He said under the circumstances, the commission must await the final judicial pronouncement on the matter before it can act.
“While the commission is aware of the situation in the Rivers State House of Assembly, the matter is pending in court and, therefore, subjudice. 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.
“We urge people occupying high public offices to be circumspect in their public statements before they mislead the public and cast aspersion on public institutions, particularly where they are aware of the pendency of cases in court,” Oyekanmi noted.
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