The Supreme Court has, through a Certified True Copy (CTC) of its judgment on the political crisis in Rivers State, explained why it restored the leadership of the House of Assembly under Martin Amaewhule.
In a statement on Friday, the Civil Society Legislative Advocacy Centre (CISLAC) condemned the actions perpetrated against Governor Siminalayi Fubara of Rivers State since he assumed office, describing them as a treasonable felony.
Gimba Hassan, Legal Manager of the Transition Monitoring Group (TMG) at CISLAC, made the assertion in a statement released in Abuja.
The Supreme Court, in its 62-page judgment obtained by The Telegraph, clarified that there was no evidence to support claims of defection against the 27 Assembly members from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). The Court further noted that Governor Fubara, who initially raised the defection allegations, later withdrew them at the Federal High Court in Abuja.
In its ruling, the Supreme Court held that, legally, no defection took place and that the status quo in the House of Assembly must remain. Justice Emmanuel Agim, who signed the judgment, emphasized that a House of Assembly must be constituted as prescribed by the 1999 Constitution. The Constitution does not support Governor Fubara’s claim that only four members of the House were legitimate, as he had suggested.
The Court ruled that it was an aberration for Fubara to make any request, nomination, or presentation to the House of Assembly unless it was led by Amaewhule, who is aligned with the faction of former Governor Nyesom Wike.
The judgment highlighted that Fubara had long been preventing the sittings of the Rivers State House of Assembly, as constituted by the number of members prescribed in Section 96 of the 1999 Constitution. This was deemed illegal and unconstitutional by the Court of Appeal in its earlier judgment, long before the issue of alleged defections emerged.
According to the Supreme Court, Fubara’s actions—designed to prevent the 27 other Assembly members from performing their legitimate duties—were intended to subvert the House of Assembly and the democratic processes in Rivers State.
In a significant part of the ruling, the Court ordered that the Central Bank of Nigeria (CBN) and the Accountant General of the Federation cease releasing funds to Rivers State until an Appropriation Law is passed by the constitutionally recognized House of Assembly. It also directed that Amaewhule and the other 26 members resume their roles immediately.
CISLAC’s position on treasonable acts against Governor Fubara
In response to the political crisis, Hassan argued that the actions against Governor Fubara amounted to violations of the Criminal Code and could be classified as treasonable felony under Sections 37 and 40 of the Criminal Code Act.
He cited several incidents—including the use of violence against the governor, the burning of the House of Assembly, the withdrawal of his security, and the deployment of thugs during elections—as evidence that these actions were intended to intimidate and undermine the governor’s authority. According to Hassan, these acts fall within the legal definitions of treason and treasonable felony, especially given the seriousness of the violence and intimidation involved.
Hassan further criticized the Rivers State Assembly’s 48-hour ultimatum to the governor to re-present the budget, labeling it unlawful and lacking legal backing. Citing previous legal precedents, including the El-Rufai vs House of Representatives case (2003), he pointed out that a minimum of seven days’ notice is required for a valid legislative summons.
A call for unity and governance
Hassan also expressed concern that the Supreme Court’s judgment had effectively stalled governance in Rivers State, with the Assembly continuing its 12-week recess despite having no legislative activity for months. He urged Rivers leaders to set aside their differences and prioritize governance for the sake of the people, stressing that the ongoing political turmoil is only exacerbating the suffering of citizens.
“Our Constitution begins with the phrase ‘We the People…’ It is the people who gave power to our institutions, elected the governor and his deputy, and voted for the members of the State Assembly,” Hassan stated, calling for an end to the crisis and a return to proper governance.
