Supreme Court Clarifies Reinstatement of Amaewhule-Led Rivers Assembly

A Certified True Copy (CTC) of the Supreme Court’s ruling on the political crisis in Rivers State has shed light on why the court reinstated Hon. Martin Amaewhule’s leadership of the State House of Assembly.
In a 62-page judgment obtained on Thursday, the apex court declared that there was no evidence to support the claim that 27 lawmakers defected from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
The ruling, signed by Justice Emmanuel Agim, stated that Governor Siminalayi Fubara, who initially accused the lawmakers of defection, withdrew the allegations at the Federal High Court in Abuja.
By failing to establish proof of defection, the Supreme Court ruled that the status quo in the Assembly must remain. Justice Agim emphasized that the 1999 Constitution clearly defines the structure of the House of Assembly, making it unconstitutional for Governor Fubara to recognize only four members as the legitimate Assembly.
The court further criticized Governor Fubara, stating that he had acted illegally by attempting to sideline 27 lawmakers. The judgment pointed out that the Court of Appeal had already ruled in Appeal No. CA/ABJ/CV/133/2024 that the governor’s actions were unconstitutional long before the issue of defection was even raised.
Justice Agim noted that the executive arm of government deliberately collapsed the legislative arm, preventing lawmakers from fulfilling their duties. The ruling stated:
“The claim that the 27 lawmakers lost their seats due to defection is a deliberate attempt to exclude them from the House’s proceedings. This is unconstitutional and cannot be justified under Sections 102 and 109 of the 1999 Constitution.”
The Supreme Court rejected the governor’s argument that he could continue governing without a functional House of Assembly, calling it an abuse of power. The judgment warned that the doctrine of necessity cannot be used to justify an unconstitutional status quo or protect Governor Fubara’s actions.
“A state government cannot exist without all three arms of government. In this case, the executive arm has deliberately collapsed the legislature, creating a governance crisis.”
The court ruled that Governor Fubara’s fear of impeachment does not justify his attacks on the Assembly and rule of law. It also criticized his decision to destroy the Assembly complex, calling it an attempt to govern as an autocrat.
Supreme Court Orders Full Restoration of the Assembly
The Supreme Court dismissed Cross-Appeal No. SC/CV/1175A/2024, stating that it lacked merit. It also reaffirmed the judgment of the Federal High Court in Suit No. FHC/ABJ/CS/984/2024, fully restoring the Amaewhule-led Assembly.
To ensure compliance, the court directed the Central Bank of Nigeria (CBN) and the Accountant General of the Federation to suspend all financial allocations to the Rivers State Government until a properly constituted House of Assembly enacts a new Appropriation Law.
Key Court Directives:
Hon. Martin Amaewhule and the 27 lawmakers should resume their duties immediately.
The Rivers State House of Assembly must reconvene with all elected members.
Financial allocations to the state government should be halted until the legislature is restored.
The ruling reinforces the Supreme Court’s stance on upholding constitutional democracy and preventing executive overreach in Rivers State.