The Supreme Court has ruled in favor of the Amaewhule-led Rivers State Assembly, stating there was no evidence of defection by 27 lawmakers. The court criticized Governor Fubara’s actions and ordered the reinstatement of all members while suspending state fund disbursement until a legally recognized Assembly is constituted.
In a landmark judgment, the Supreme Court has explained its decision to reinstate the Hon. Martin Amaewhule-led Rivers State House of Assembly, ruling that there was no credible evidence to support allegations of defection by 27 lawmakers from the PDP to the APC.
The apex court, in its 62-page judgment signed by Justice Emmanuel Agim, highlighted that Governor Siminalayi Fubara had initially raised defection claims but later withdrew them at the Federal High Court in Abuja. As a result, the court found no legal basis to recognize the lawmakers as defectors, emphasizing that the Assembly must remain as constituted.
The ruling further criticized Governor Fubara’s attempt to recognize only four lawmakers as the legitimate Rivers State Assembly, stating that such an action was unconstitutional. The justices asserted that the 1999 Constitution does not support any move to exclude a majority of elected members from legislative functions.
Additionally, the court deemed Fubara’s actions—preventing lawmakers from accessing the Assembly complex and disrupting legislative activities—as unconstitutional and an attempt to rule unilaterally. It condemned the destruction of the Assembly building, labeling it a deliberate move to cripple the legislative arm of government.
The judgment also directed the Central Bank of Nigeria and the Accountant General of the Federation to withhold Rivers State funds until a legally constituted Assembly passes an appropriation law. It ordered Amaewhule and his 26 colleagues to resume legislative duties without interference.
This ruling marks a significant moment in Rivers State’s political landscape, reinforcing the constitutional separation of powers and the rule of law
