The Supreme Court of Nigeria has ruled that the Governor of Rivers State, Sim Fubara, must pay N5 million in legal costs to 27 state lawmakers loyal to Mr. Nyesom Wike.
The judgement was delivered by Justice Emmanuel Akomaye Agim following an appeal by the lawmakers, led by Speaker Martin Amaewhule, against a prior Court of Appeal decision.
The case involved multiple respondents, including the Rivers State government, Governor Fubara, the Rivers State Independent Electoral Commission, and several prominent financial institutions such as the Central Bank of Nigeria, Zenith Bank Plc, and Access Bank Plc. Governor Fubara was cited as the eighth respondent, while the Rivers State government was listed as the first respondent.
The apex court upheld findings from both the Federal High Court and the Court of Appeal, confirming that Governor Fubara had engaged in unlawful and unconstitutional actions aimed at undermining the State Assembly to pre-empt an anticipated impeachment process.
Justice Agim stated, “The concurrent findings in the Court of Appeal judgement in Appeal No. CA/ABJ/CV/133/20249 (exhibit RSHA 5) indicate that months after the eighth respondent was elected and sworn in as Governor of Rivers State in 2023, he became fearful that, spurred on by his political opponents, members of the Rivers State House of Assembly were planning to initiate impeachment proceedings against him.”
To counter this perceived threat, the court noted that Governor Fubara allegedly took various measures to disrupt legislative processes, including attempts to involve the National Assembly in state affairs, obstructing Assembly sittings, and physically demolishing the legislative building.
The judgement explained, “To preempt his impeachment, the eighth respondent took several steps, including attempting to persuade the National Assembly to assume the legislative powers of Rivers State from the Rivers State House of Assembly, preventing the House of Assembly from meeting with a full complement of members or the constitutionally required quorum of one-third of the 32 members, and arranging for initially four and later three members to convene outside the legislative building.”
The court further condemned Fubara for blocking Assembly members and staff from accessing the legislative complex, in violation of interim restraining court orders obtained by the 27 lawmakers.
According to the ruling, the governor’s actions preceded allegations of defection by the 27 lawmakers to another political party.
The court clarified that the lawmakers remained valid members of the House and could not be barred from fulfilling their legislative duties by the governor.
Justice Agim remarked, “The eighth respondent has effectively collapsed the Rivers State House of Assembly. Therefore, no question arises about any member losing their seat in that House due to defection, as there must be a functioning House of Assembly for any constitutional processes, such as declaring a seat vacant due to defection, to occur.”
The court concluded that Governor Fubara’s apprehension of impeachment did not warrant his actions against the legislative body, labelling them as detrimental to constitutional governance within the state.
“What the eighth respondent has done is to dismantle the government due to his fear of being impeached,” the judgement stated.
Ultimately, the court ruled that both the Rivers State government and Governor Fubara must jointly pay N5 million in legal costs to the lawmakers.
