- Minister says era of impunity over in Rivers; slams Atiku, Bala Mohammed
- Apex court recognises pro-Wike lawmakers
- Restrains CBN, AGF from releasing state’s allocations
- Annuls recent local government elections
- Voids 2025 budget, orders governor to submit proposal to 27-man assembly
- We’ll do what’s best for Rivers, says state govt
- Assembly: we believe Fubara will repent of his sins
- INEC to Gov: Don’t mislead public on defections
- ANALYSIS: Apex court brings closure to political crisis
A jubilant Federal Capital Territory (FCT) Minister Nyesom Wike flew to his political base Port Harcourt last night a few hours after the Supreme Court restored the control of the River State House of Assembly to his supporters.
At the Port Harcourt Airport to receive him were scores of his associates.
The celebration was a continuation of the ‘Worship, Praises and Prayers’ held in Abuja by Wike and his associates moments after the apex court gave Speaker Martin Amaewhule and the other 26 pro-Wike lawmakers the green light to return to the House.
And the legislators wasted no time in resuming sitting.
They hailed the apex court for the ruling and hoped that Governor Siminalayi Fubara, who had sidelined them over the months and worked with his own four supporters in the House, would repent from his ‘sins’.
Wike, Fubara’s estranged godfather and immediate past governor, described the Supreme Court’s verdict as the end of the era of impunity in the state.
An apparently disappointed Rivers State Government urged calm among the people of the state, saying it was yet to get the full details of the judgment.
It said it would carefully evaluate the situation and determine the best steps to take in due course.
The Supreme Court, in a unanimous judgment, restrained the Central Bank of Nigeria (CBN) and the Attorney General of the Federation (AG-F) from further releasing funds to the Rivers State Government until a valid Appropriation Act is passed by a lawfully constituted House of Assembly, with Amaewhule as Speaker.
A five-member panel of the apex court also ordered that Amaewhule and other 26 members of the State House of Assembly, who were alleged to have defected, should be allowed to resume legislative duties unhindered.
The Supreme Court also ordered that all members of the Assembly should resume normal legislative businesses without any hindrance to any member.
Justice Emmanuel Agim, in the lead judgment, agreed with the arguments made by lawyer to the Amaewhule-led members of the Assembly, Dr. Ogwu James Onoja (SAN).
Justice Agim condemned the conduct of Governor Fubara for choosing to destroy the government of Rivers State and resort to acting unlawfully by pulling down the House of Assembly building owing to his fear that there were moves to impeach him.
He said: “It must be stated loud and clear that the crisis in Rivers State is as a result of non-adherence to the rule of law as well as the fragrant disregard of court orders.”
Justice Agim faulted the Court of Appeal for holding that the Federal High Court lacked the jurisdiction to hear the suit, marked: FHC/ABJ/CS/984/2024 which sought to restrain the CBN and AG-F from releasing funds to the Rivers State Government owing to its failure to obtain a valid Appropriation Act in compliance with the January 22, 2024 judgment by Justice James Omotosho in suit number FHC/ABJ/CS/1613/2023.
He also faulted the consequential order made by the Appeal Court in the December 13 judgment, voiding the October 30, 2024 judgment by Justice Joyce Abdulmalik in suit number FHC/ABJ/CS/984/2024.
Justice Agim said: “The view of the Court of Appeal that suit number FHC/ABJ/CS/984/2024 is over the consolidated revenue fund of Rivers State is wrong as it is not supported by the reliefs claimed for in the originating summons.
“This wrong view influenced it to hold that the subject matter of this suit is not within the scope of the justification of the Federal High Court.
“It is glaring that the objective of suit number FHC/ABJ/CS/984/2024 is to stop the release of funds to the first and second respondents herein – the Government of Rivers State and Simi Fubara – so as to compel them to comply with the judgment in suit number: FHC/ABJ/CS/1613/2023 by causing the passage of the appropriation law by the Rivers State House of Assembly properly constituted as prescribed by the Constitution.
“Suit number FHC/ABJ/CS/984/2024 is not a fresh action with the subject matter independent of the subject matter of suit number FHC/ABJ/CS/1613/2023. It is sequel to the judgment in suit number FHC/ABJ/CS/1613/2023,” the judge said.
Justice Agim consequently set aside the December 13 judgment of the Court of Appeal in which the appellate court held that the Federal High Court lacked jurisdiction to hear and determine cases relating to funds belonging to Rivers State.
He restored the October 30 judgment by Justice Abdulmalik and all the consequential orders made thereto.
The judge said: “In the light of the foregoing, I hold that the decision of the Court of Appeal that the Federal High Court lacked the jurisdiction to entertain and determine suit number FHC/ABJ/CS/984/2024 is wrong.
“The trial court validly exercised its jurisdiction to hear and determine suit number FHC/ABJ/CS/984/2024
“So appeal number SC/CV/1174/2024 is resolved in favour of the appellants. On the whole, this appeal succeeds as it has merit. It is accordingly allowed.
“The order of the Court of Appeal made on the 13th of December 2024 in appeal number CA/ABJ/CV/1287/2024, striking out suit number FHC/ABJ/CS/984/2024 for lack of jurisdiction is hereby set aside.”
Justice Agim said there was no merit in the decision of the Rivers State Governor to deploy the doctrine of necessity and the provisions of Sections 102 and 109 of the Constitution to justify his decision to relate with only four members of a 32-member Rivers State House of Assembly.
He held that having created an environment that made it impossible for the state assembly to lawfully function, Fubara could not rely on the provisions of Sections 102 and 109 and the doctrine of necessity to give validity to the proceedings of the Rivers State House of Assembly constituted by less than 1/3 of the members and his actions, which included presenting the state’s appropriate bill before a four-member Assembly.
Justice Agim noted that Fubara had started preventing the House from conducting its businesses even before the issue of alleged defection of the pro-Wike legislators occurred.
He held that having prevented the 27 members from conducting their legislative businesses by pulling down the Assembly complex, Fubara’s claim that the lawmakers were no longer members of the state Assembly, on the ground that they had defected, was incorrect.
“The claim that the 27 members are no longer members is a perpetuation of his attempt to prevent them from participating in the House business. The 27 members are still valid members of the House of Assembly,” Justice Agima said.
He added that Fubara’s fear of impeachment was not a justification for his attack on the House of Assembly.
“What he has done is to destroy the government because of his fear that he wants to be impeached,” he said, expressing concern that this practice was becoming a culture among politicians.
Justice Agim awarded a cost of N5 million against Fubara and the Government of Rivers State, to be paid to the Rivers State House of Assembly and Amaewhule.
Other members of the panel – Justices Uwani Abba-Aji (who presided), Ibrahim Saulawa, Chioma Nwosu-Iheme and Jamilu Tukur – agreed with the lead judgment.
In another judgment yesterday by the same panel, the Supreme Court voided the October 5, 2024 local government election conducted in the state.
All members of the panel unanimously held that the election was conducted in violation of Section 150 of the Electoral Act 2024.
Justice Jamilu Tukur, in the lead judgment, agreed with the appellant, the All Progressives Congress (APC), that conditions precedent were not complied with before the Rivers State Independent Electoral Commission held the election.
Justice Tukur held that there was no evidence that voters’ registration continued until 90 days before the election and that the requisite notices were issued as required by law.
Amaewhule-led assembly: We believe Fubara will repent of his sins
Soon after the Supreme Court delivered its judgment yesterday, the Martin Amaewhule-led assembly applauded the apex court for its “well considered judgment”.
Special Assistant on Media to the Speaker, Martins Wachukwu, said in a statement that the legislators reconvened yesterday during which House Leader, Major Jack, informed members of the judgment, affirming their legitimacy and the green light to resume sitting immediately.
Speaker Amaewhule described the judgment as victory for democracy and the rule of law, saying that the Supreme Court proved him and other members right when the House asserted that Fubara was “running a criminal government with persons not screened by the House and without an Appropriation Law.
“We believe that now that the Supreme Court has spoken, Governor Siminialayi Fubara would repent from his legion of sins, and those impostors who are parading themselves as appointees of this government without the constitutional imprimatur of this House would desist forthwith.”
The Speaker thanked the justices of the Supreme Court, Wike, members of the Assembly and all those who contributed in fighting for the entrenchment of democratic principles and ethos in the state.
Wike in ‘Time for Worship, Praises and Prayers’
A jubilant Wike was seen on video which he posted on his X handle Nyesom Ezenwo Wike@GovWike singing and dancing along with his friends and associates.
He simply wrote: ‘Time for Worship, Praises and Prayers’.
In his formal reaction to the Supreme Court judgment, Wike described it as the end of impunity in Rivers State.
He mocked former Vice President Atiku Abubakar and the Chairman of the Peoples Democratic Party (PDP) Governors’ Forum, Bauchi State Governor Bala Mohammed, both of whom he accused of hailing Fubara for ‘lawlessness’ in the state.
He wondered if they would now hail Fubara in the aftermath of yesterday’s judgment.
He said Fubara has no choice but to fully comply with the Supreme Court’s verdict, as it represents the final legal authority on the matter.
His words: “There is nothing like the Amaewhule faction. What the Supreme Court said is that the budget should be presented to the properly constituted Assembly, which is the authentic leadership of the Assembly led by Martin Chike Amaewhule.
“But first of all, let’s give God the glory, let’s give God the honour, that today, the 28th of February, 2025, God has done it all for the interest of everybody, for the interest of the people of the state.
“I have always said that the wheel of Justice is sluggish, but it will come when it will come. More than 15 months, 16 months, this matter has been laid to rest by the highest court of the land.
“The Supreme Court has made it very clear that you cannot have democracy without a legislature. The Supreme Court has made it very clear that you cannot have a government without a legislature.
“It is unheard of where anybody will say three people will constitute an assembly to make laws for the entire state. It is unheard of.
“It has nothing to do with any individual, whether you like this person’s face or not. But what is important is that three people cannot make laws for a state, not to even talk about appropriation.
“If the Federal High Court said you cannot do this, you cannot do it, and therefore set aside everything they’ve done.
“Three people will screen commissioners, three people will do all kinds of things, a governor will go and bring down the house of legislature and will do as if nothing happened.
“An arm of government, independent arm of government, and people pretend as if nothing has gone wrong.
“You are talking about Wike, it’s not about Wike. What we are saying is” can you, for whatever it is, go and demolish the building of another arm of government? No consequences?
“Then you carry the legislature to your own house, not even carrying the proper legislature, three people to sit inside the Government House? Begin to make laws? Begin to pass appropriation bills? And you are spending money, and you say nothing will happen?
“You went on appeal, the Court of Appeal said this is wrong, you can’t continue with this. Petitions were written against the justices of the Federal High Court.
“For me, it’s happiness for Rivers State and for Nigerians that yes, this impunity must stop.
“Enough is enough. We can’t continue with this. You are aware, when the issue of local governments came up, a governor elected, who had taken an oath to abide by the constitution, came up to say that is a corrupt judgment, castigating the judiciary.
“But thank God, today, the court has said it all: go back, you have no budget.
“Central Bank, accountant general, you cannot continue to lose money when there’s no government.
“Until you present your budget to the appropriate assembly which is the 27 members, no money should be released.
“You refused to follow the electoral act in terms of conducting local government elections.
“What was the issue? If you don’t comply, you will not obey. I’m not saying we are clapping.
“People like Atiku were hailing him. That yes, you’ve done well. I hope they will also hail him today.
“I hope the chairman of PDP Governors Forum will also hail him today.
“We must not truncate our democracy. If you had allowed this, one day, one member would constitute an assembly, and there is nothing you can do. One member.
“You can imagine three people, one sitting as speaker. So, two people are allowed to vote.
“We must commend the judiciary for being bold and firm to say no, this should not be allowed; this impunity must not be allowed.
“I’ve told people that Rivers State is not like any other state. We are not prisoners of war. We will challenge anything we know is illegal. We will not allow it.
“You can do that in any other state, but as far as River State is concerned, we will not allow it; it doesn’t matter what time it takes us.
“So, for us, it is just happiness. We’re happy that the right thing has been done.
“All we have to say, nobody should go into violence. No fighting. Allow the law to take its course. I knew that the law would take its course.”
The minister later flew to Port Harcourt last night, according to his spokesman, Lere Olayinka.
Olayinka posted on X a video of the minister being received at the airport by supporters.
We will act in Rivers best interest, says govt
In its own reaction to the development yesterday, the Rivers State Government said Governor Fubara would act in the best interest of the state and its people while it awaits full details of the judgment.
Information and Communications Commissioner Warisenibo Joe Johnson, in a statement in Port Harcourt, said government would carefully evaluate the situation and determine the best steps to take.
He advised the people to remain calm.
He said the main issue of alleged defection of Speaker Amaewhule and 26 other members of the State Assembly was still pending at the Federal High Court and was not part of the matter decided yesterday by the Supreme Court.
He said: “We have taken note of reports in the media regarding the recent judgment 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 implications of the judgment. 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 judgment 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 judgment.
“We believe that the determination of the main issue of defection of the 27 lawmakers is a matter 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.”
PANDEF pleads for reconsideration of ruling on LGs allocation
The Pan Niger Delta Forum (PANDEF) expressed concern over the aspect of the Supreme Court’s judgment on suspension of revenue allocation to local governments in Rivers State until certain conditions are met by the State Government.
The group said this decision could cause financial strangulation for the LGs.
“Withholding funds essential for economic growth, social welfare and infrastructure development would disproportionately impact the people of Rivers State,” PANDEF said in a statement signed by its National Publicity Secretary, Chief Dr. Obiuwevbi Ominimini.
The group said while it remained committed to peace, reconciliation, and conflict resolution, the Supreme Court should “reconsider its decision”, stressing that “fairness, equity and national unity must guide judicial and political decisions, particularly those affecting the South-South region, which remains crucial to Nigeria’s economic stability.”
It claimed further that the ruling “could derail ongoing peace-building efforts, including the Obong Victor Attah-led Peace and Reconciliation Committee, which has made significant progress in fostering stability in Rivers State.
The forum urged the Federal Government, political actors, and the judiciary to ensure that governance and economic development take precedence over political rivalries.”
It likened the situation to the withholding of local government funds from Lagos State by the Obasanjo administration and argued that a similar scenario in Rivers State could have even more dire consequences for peace and security in the Niger Delta.
Why we can’t conduct by-elections in Rivers now — INEC
The Independent National Electoral Commission (INEC) said yesterday that it would not conduct any by-election into the Rivers State House of Assembly until the cases before the court are finalised.
Reacting to a statement credited to Governor Fubara in which he accused the commission of selectively choosing and conducting by-elections into vacant positions, INEC said while it was aware of the situation in Rivers State, it would not comment on it because it is sub judice.
Chief Press Secretary to INEC Chairman, Rotimi Oyekanmi, appealed to people occupying high public offices to be circumspect in their public statements to avoid misleading the general public and casting aspersion on public institutions.
Oyekanmi said: “Our attention has been drawn to a statement credited to the Governor of Rivers State, Siminalayi Fubara, in which the Commission was accused of selective implementation of elections to fill vacancies arising from the defection of serving members of the National and State Assembly from one political party to another.
“While no specific instances of the alleged selective action were presented, the statement specifically accused the Commission of deliberate failure to fill the vacancies resulting from the protracted crisis in the Rivers State House of Assembly where two factions are jostling for control.
“In the midst of the crisis, three or so lawmakers have declared the seats of 27 members vacant and vice versa.
“While the Commission is aware of the situation in the Rivers State House of Assembly, the matter is pending in court and, therefore, sub judice.
“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 pendancy of cases in court.”
