In this analysis, EMMANUEL MASHA, looks at the different interpretations given to the recent Supreme Court verdict in one of the litigations before it on the Rivers State’s political crisis
That the political crisis rocking Rivers State is being fought on different legal fronts by Governor Siminialayi Fubara and politicians loyal to Barr. Nyesom Wike is not in dispute. Some of the suits were instituted by persons without any direct link to the contending issues. In their assessment, they simply felt that some of the things that played during the crisis should not have happened, hence their intervention. But as things stand, the intention has escalated the crisis.
That is why there are multiple lawsuits before the courts. It is their outcome that will decide whether the governor completes his first term in office without more antagonism or resistance. Also, the pronouncements from the courts will also ensure that the opposition does not have the upper hand in 2027.
The situation in Rivers is one that no sane governor would want to persist in order to strictly face governance. Each passing day that the suits before the court get delayed, the more the uncertainty of what would eventually be and who would laugh last.
The main bone of contention is the control of the Rivers State House of Assembly, which has two factions; one led by Hon. Victor Oko-Jumbo, the faction loyal to the governor and the other led by Hon. Bright Amaewhule and 26 lawmakers loyal to Wike. Until the Supreme Court rules on the authentic speaker of the Assembly, the crisis will linger.
Crisis erupted in the House in 2023 when over 27 lawmakers loyal to Wike dumped the Peoples Democratic Party (PDP) for the ruling All Progressives Congress (APC). Amaewhule and the seats of the defected lawmakers have since been declared vacant by the Oko-Jumbo led House, fuelling a legal tussle that is currently before the Supreme Court.
A few days ago, the Supreme Court dismissed a suit filed by the governor over the 2024 budget. A five-member panel of the Supreme Court led by Justice Uwani Abba-Aji had dismissed the appeal against the Amaewhule-led group, following the withdrawal of Fubara’s suit by his counsel, Yusuf Ali.
As expected, both camps have come out to give their own interpretation of the judgement. The positions flying around have made it more difficult for some observers to properly understand the import of the judgement.
For the state government, the Supreme Court did not reinstate Amaewhule, and 26 others as lawmakers. That was the position of the state’s Attorney General and Commissioner for Justice, Dagogo Israel Iboroma, SAN.
“The Supreme Court made no order whatsoever reinstating Martin Chike Amaewhule and 26 others as members of Rivers State House of Assembly, neither did the Supreme Court make any finding on their status as members of Rivers State House of Assembly,” he said.
Iboroma called “on members of the public to ignore the false narrative and propaganda being spread by Martin Chike Amaewhule and his lawyers on what transpired in the Supreme Court on Monday.
He said, “I was in court today and witnessed all that transpired in SC/CV/1701/2024, Governor of Rivers State V Rivers State House of Assembly and 15 others.
“Regrettably, after the court’s proceedings today, there has been serial misrepresentation in social and electronic media grossly misrepresenting what transpired in court. It is important to trace the facts leading to SC/CV/1701/2024.”
From the hindsight
He said, “On the 29th day of November, 2023, Martin Chike Amaewhule & Anor instituted Suit No: FHC/ABJ/CS/1613/2023 at the Federal High Court, Abuja,” wherein in their originating summons, they prayed for 11 reliefs.
“On the 11th day of December, 2023, while Suit No: FHC/ABJ/CS/1613/2023 was pending at the Federal High Court, Abuja, Martin Chike Amaewhule & 26 others defected from the Peoples Democratic Party to the All Progressives Congress, and automatically lost their seats as members of the Rivers State House of Assembly.”
He clarified that “In Suit No: FHC/ABJ/CS/1613/2023, the defection of Martin Amaewhule and 26 others was not an issue. Thus, it was not a question for determination. It was also not an issue for determination in the resultant appeals.
“Furthermore, before judgment was delivered in Suit No: FHC/ABJ/CS/1613/2023, Martin Chike Amaewhule and 26 others did not inform the court that they had defected from the Peoples Democratic Party to the All Progressives Congress.”
The Attorney General and Commissioner for Justice noted that: “Suit No: FHC/ABJ/CS/1613/2023, amongst others, were principally about the Appropriation Law 2024, (a.k.a 2024 budget).” He explained that Fubara withdrew the appeal at the Supreme Court, because: “We are in the year 2025 with a 2025 Appropriation Bill already passed and signed into law and in operation.
“The Appropriation Law 2024 is now totally spent and cannot be brought back into operation. The monies in the Appropriation Law 2024, having been spent, cannot be recalled and spent again.
“The Appropriation Law 2024 being spent by reason of its expiration, SC/CV/1701/2024 became merely academic and of no utilitarian value.
“The Supreme Court made no order whatsoever reinstating Martin Chike Amaewhule and 26 others as members of Rivers State House of Assembly, neither did the Supreme Court make any finding on their status as members of Rivers State House of Assembly.”
Amaewhule reacts
But the factional Speaker of the Rivers State House of Assembly, Hon. Martins Amaewhule saw it differently. He said the judgement marked the end of Governor Siminalayi Fubara’s ‘rascality’. He recalled that the Federal High Court presided over by Justice J.K. Omotosho, on January 22, 2024, had delivered a judgement affirming the legitimacy of the 27 lawmakers.
Ameawhule noted that the governor filed an appeal at the Court of Appeal, where the judgement of the lower court was upheld before appealing the matter at the Supreme Court.
He also kicked at Fubara’s refusal to provide the Assembly with its statutory entitlements for nearly a year, adding that the governor thought they would be starved, claiming that the Supreme Court judgement has strengthened the hope the Assembly members have in the judiciary.
He claimed that Fubara has a penchant for consistently disregarding court orders, warning that all eyes were on the Governor to see whether he would disobey the Supreme Court’s verdict. Amaewhule also accused him of spending taxpayers’ money for a year without appropriation, despite the judgements of the Federal High Court and Court of Appeal.
“The end to this rascality is very near”, he said, stressing that the House remained committed to upholding the mandate given to them by the electorate. “Today’s judgment confirms that Governor Fubara has been in gross violation of the 1999 Constitution as amended,” he said.
Amaewhule referred Fubara to the injunctive orders issued by Justice Omotosho, barring him from withholding funds meant for the Assembly.
He lauded the five-man panel of Justices of the Supreme Court for upholding justice and reaffirming the rule of law” adding that: “The Supreme Court has spoken, and the people of Rivers State are elated with this judgement,”
Human rights lawyer Femi Falana has explained that the Supreme Court verdict on Fubara’s appeal has nothing to do with who is the authentic Speaker of the House. Falana said this on Channels Television’s Politics Today, following the Supreme Court dismissal of the appeal filed by the governor. He noted that the 2024 budget proposal, which led to the appeal, has already been passed into law, hence the need not to continue litigation.
Falana said: “When an appeal is dismissed not on merit but on the basis of withdrawal by the appellant, the question of celebration doesn’t arise. What happened in this case is that the governor of Rivers State instructed his lawyers to withdraw the appeal on the grounds that it has become an academic exercise.
“In other words, the issues are no longer alive and therefore, why do you want to waste the time of the court? It wasn’t contrary to what a colleague was saying; the court did not determine who is a speaker or who is not a speaker, no, it didn’t come up,” Falana said.
Falana also explained that three members of the state House of Assembly can carry out legislative functions except when it concerns impeaching the governor, noting that Amaewhule and 26 PDP lawmakers who decamped to the APC lost their seats because they were declared vacant.
