Rivers Crisis: No evidence 27 Lawmakers defected from PDP to APC – Supreme Court
Rivers Crisis: No evidence 27 Lawmakers defected from PDP to APC – Supreme Court
There is no evidence that the 27 members of the Rivers State House of Assembly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), the Supreme Court has held.
It found that Governor Siminalayi Fubara, who raised the allegation of defection, withdrew it when he retrieved all the documents he filed before the Federal High Court in Abuja.
The Supreme Court held that by failing to support his claim of defection with evidence, in the eyes of the law, no defection took place and consequently the status quo in the House of Assembly must remain.
Fubara had explained that he withdrew the processes after President Bola Ahmed Tinubu brokered peace.
He insisted that the other parties did not withdraw theirs.
The Apex Court slammed the governor for behaving like a despot by demolishing the House of Assembly complex and preventing the 27 lawmakers from sitting.
It said Fubara destroyed the government of Rivers State over his fear of impeachment
These are contained in Friday’s Apex Court judgment on the Rivers crisis. The Certified True Copy (CTC) was obtained by The Nation yesterday.
“In this case, the executive arm of the government has chosen to collapse the legislature to enable him to govern without the legislature as a despot.
“As it is, there is no government in Rivers State,” the Supreme Court held.
In the 62-page lead judgment read by Justice Emmanuel Agim, a clearer picture was painted as to why the justices affirmed Martin Amaewhule as the authentic Speaker.
The court held that the Constitution did not support Fubara’s recognition of four members as the authentic House of Assembly.
It said: “What is clear from the above concurrent findings is that the 8th 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 said activities of the 8th respondent (Fubara) were adjudged by the concurrent holdings of the Court of Appeal in its judgment in Appeal No. CA/ABJ/CV/133/2024 as illegal and unconstitutional long before the allegation of defection started.
“Against the background of these concurrent findings and holdings in the Court of Appeal Judgment in Appeal No.CA/AB)/CV/133/2024, it is reasonable to conclude that the cross appellant’s reliance on Sections 102 and 109 of the Constitution and the doctrine of necessity is to continue his brazen subversion of the Rivers State House of Assembly, the 1999 Constitution and legitimate government in Rivers State.
“Having by his own admission engaged in a series of illegal activities just to prevent the other 27 members from participating in the proceedings of the House to carry out their legitimate legislative duties which they were elected to do, his resort to Sections 102 and 109 of the 1999 Constitution and the doctrine of necessity on the basis of his allegation that they have defected is a red herring to perpetuate his subversion of the Rivers State House of Assembly, the 1999 Constitution and democratic government in Rivers State.
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“The eighth respondent (Fubara) had collapsed the Rivers State House of Assembly.
“Therefore no question about any member having lost his seat in that House due to defection can validly arise.
“There must be a House of Assembly for any constitutional processes therein to take place.
“The claim that the 27 members are no longer members of the House on the basis of an alleged defection is a continuation of his determination to prevent them from participating in the proceedings of the House. It is an engagement in chicanery.
“Sections 102 and 109 of the Constitution cannot be invoked in aid of this unconstitutional enterprise.”
According to the Supreme Court, a government cannot be said to exist without one of the three arms that make it up.
It added: “In this case, the executive arm of the government has chosen to collapse the legislature to enable him govern without the Legislature as a despot. As it is, there is no government in Rivers State.
“The doctrine of necessity cannot be invoked to justify the continued existence of a deliberately contrived illegal or unconstitutional status quo.
“It cannot be invoked to justify and protect the illegal actions of the eighth respondent and his despotic rule of Rivers State without a House of Assembly.
“It applies to genuine situations that were not contemplated in the provisions of the Constitution or any law, which situations require the taking of some legitimate extra-constitutional or extra-legal actions to protect the public interest.
“The eighth respondent’s fear of impeachment by the House Assembly is no justification for his attacks on the House of Assembly, the Constitution, the Government of Rivers State and the rule of law.
“Political disagreements cannot justify these attacks and contempt for the rule of law by the governor of a state or any person.
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“What the eighth respondent has done is to destroy the government because of his fear of being impeached.
“The part of the judgment of the Court of Appeal, affirming the judgment of the Federal High Court in suit No. FHC/AB)/CS/984/2024 is hereby affirmed.
“The said judgment of the Federal High Court in suit No. FHC/AB)/CS/984/2024 is hereby restored.
“For the avoidance of doubt, it is hereby ordered that the Central Bank of Nigeria and the Accountant General of the Federation should forthwith stop releasing and paying to the Government of Rivers State, its organs, departments and officials any money belonging to Rivers State until an Appropriation Law is made by Rivers State House of Assembly constituted as prescribed by the 1999 Constitution.
“The Rt Honorable Martin Chike Amaewhule and the other 26 members should forthwith resume unhindered sitting as Speaker and members respectively of the Rivers State House of Assembly.
“The Rivers State House of Assembly Should resume sitting with all elected members forthwith,” the court said.
He shared the testimony of God’s grace and mercy in his life at the annual Special Holy Ghost Service, themed “Joy Unspeakable”.
Adeboye narrated how he fell critically ill due to terrible road conditions and was forced to spend Christmas Day in bed for the first time in his life.
He said his condition was so severe that he had to be airlifted from Ilesha to the camp, but local miscreants attempted to prevent the helicopter from taking off, damaging one of the windows in the process.
Despite this harrowing experience, Adeboye expressed his gratitude for God’s benevolence towards him and the ministry.
He attributed his survival to God’s grace and encouraged his congregation to thank God for sparing his life.
He said: “Seven years ago, during this same program, my body broke down completely due to the terrible road conditions. For the first time in my life, I spent Christmas Day in bed. The devil was certain he had finally got me. I collapsed in Ilesha, and to bring me back to the camp, we had to charter a helicopter. I was too weak to travel by road—if I had, I would not have made it.
“They clung to the helicopter, and in the process, one of the windows got torn. But by God’s grace, I managed to reach the camp. I had an assurance that if only I could get to the camp, I would recover. Seven years later, I am still here! I want you to thank God for sparing my life. Please, praise Him for me—give Him glory, honor, and adoration!”
News
BREAKING: Governor Fubara invites 27 Lawmakers loyal to Wike for crucial meeting
BREAKING: Governor Fubara invites 27 Lawmakers loyal to Wike for crucial meeting
Rivers State Governor, Siminialayi Fubara, has invited the Speaker of the Rivers State House of Assembly, Martins Amaewhule, and other lawmakers to a meeting at Government House, Port Harcourt.
In a significant move, the invitation—issued from the Office of the Secretary to the State Government—marks the first time Fubara has officially addressed Amaewhule as the Speaker of the Assembly.
Dated March 7, the invitation references the governor’s March 5 letter, in which he acknowledged receipt of the Supreme Court’s judgment.
“And he has, therefore, directed to invite you and your colleagues, the Honourable members of the Rivers State House of Assembly, to a meeting,” the invitation stated.
The agenda includes discussions on providing a suitable space for the Assembly’s sittings, settling outstanding remuneration and allowances, presenting the budget, and addressing other matters vital to the state’s progress.
The lawmakers have been requested to meet with the governor at his office on Monday, March 10, at 10 a.m.
News
Why I lost my Senate re-election bid in 2019 – Famous Senator opens up
Why I lost my Senate re-election bid in 2019 – Famous Senator opens up
A former Kaduna lawmaker, Sen. Shehu Sani, said he lost his senate re-election bid in 2019 because he opposed the former Gov.
Nasir El-Rufai’s move to obtain a 340 million dollars foreign loan.
Sani, who represented Kaduna Central Senatorial District in the Eighth Senate, stated this in an interview with the News Agency of Nigeria (NAN) in Abuja on Sunday.
“I was insistent on speaking truth to power, and that was why I lost my re-election bid in 2019. Former Gov. Narsir El-Rufai was going for a 340 million dollar loan and we said ‘No’.
“”Some of us told him that such a venture would impact negatively on our people, but he went ahead and did that, while he perceived us as his political enemies.
“”This political battle with El-Rufai affected several other politicians, resulting in our leaving the party en masse.
“My own very case was that I stood up to the governor and I paid the price by losing my seat,” he said.
The popular pro-democracy activist, however, said that today, he had been vindicated.
“At that time, the governor was opposed to me; the state assembly members were opposed to me and many political figures there were opposed to me.
“Today, I am vindicated because even the governor of the state today has made it public how the finances and the economy of the state have been strangulated by that loan.
“Many projects were littered, uncompleted and abandoned all over the state. Kaduna today has become the second highest indebted state in the country.
“So I am vindicated, even though I lost my seat,” he said.
Sani said he was satisfied with the role he played on the controversial loan at that time.
“I’m satisfied that, at least, when I die, nobody will look to my grave and say this is the person who signed an approval for the loan that we are going to pay in 100 years.
“The vindication is more important to me than my return to the National Assembly,’’ he said.
The former lawmaker attributed the failure of most members of the national assembly to return to their refusal to be loyal to their governors.
This, he said, often resulted in high turn-out of lawmakers in each election year.
Sani, however, said that the high number of new lawmakers in national and state houses of assembly at every election year was not the best for Nigeria’s democracy.
He said that in the developed world, such as India and the United States, some lawmakers would be in the legislature for 30, 40 and 50 years.
“But in Nigeria, if you are a senator and you are fond of standing up every time to speak truth to the power, you will hardly come back to that national assembly.
“If what you are doing or saying is particularly contrary to the interests of the governor of your state, you will not come back to the national assembly,’’ he said.
The former senator also said that irrespective of a lawmaker’s qualifications, he could only emerge as senate president or speaker of the house if he happened to be the favourite of the executive.
“It’s only during Buhari’s time that a mistake was made in 2015 which made Buhari lose the election at the national assembly.
“Then his adversary Sen. Bukola Saraki and Yakubu Dogara took over and you could see what happened for four years.
“ So, if you are elected as a governor of a state, your life is dependent on the state assembly and you cannot allow your enemy to take over.
“So, you will bring someone whose first qualification is not that he speaks good English, second qualification is not that he is competent, third qualification is not that he is good looking and fourth qualification is not that he knows how to make laws.
“The first qualification of a person who is going to be a speaker is that he is 100 per cent loyal to the governor or the president,’’ Sani said.(NAN)