The Supreme Court has ruled that there is no legal proof that 27 members of the Rivers State House of Assembly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). The court determined that Governor Siminalayi Fubara, who initially made the claim, later withdrew it when he retracted all the documents he had filed before the Federal High Court in Abuja.
The court held that since Fubara failed to provide evidence to support his claim, there was no legal basis to conclude that any defection had occurred. As a result, the House of Assembly remains unchanged in its structure. Fubara explained that he withdrew his legal filings as part of a peace agreement brokered by President Bola Ahmed Tinubu. However, he insisted that the other parties involved in the case did not withdraw theirs.
In its judgment, the Supreme Court strongly criticized Fubara, accusing him of acting like a dictator by demolishing the House of Assembly complex and preventing the 27 lawmakers from performing their legislative duties. The court stated that the governor’s actions stemmed from his fear of impeachment, leading him to undermine the government of Rivers State.
The details of the ruling were contained in the judgment delivered on Friday, with the Certified True Copy (CTC) obtained by The Nation on Saturday. The court emphasized that the executive branch of the Rivers State government had deliberately weakened the legislature, creating a situation where governance could not function as intended.
In a 62-page lead judgment read by Justice Emmanuel Agim, the court provided a clearer perspective on why it upheld Martin Amaewhule as the legitimate Speaker of the House. It ruled that the 1999 Constitution did not recognize Fubara’s endorsement of only four members as the legitimate House of Assembly. The justices further highlighted that Fubara had begun obstructing the House’s activities long before allegations of defection arose.
The ruling referenced an earlier decision by the Court of Appeal in Appeal No. CA/ABJ/CV/133/2024, which had already declared Fubara’s actions unconstitutional. The Supreme Court agreed, stating that his attempt to invoke constitutional provisions regarding defection was merely a tactic to justify his interference with the House of Assembly.
The judgment made it clear that for any constitutional process to take place within the House, the Assembly must be functioning. Since Fubara had effectively dismantled it, the issue of lawmakers losing their seats due to defection was irrelevant. The court described his claims as an act of political manipulation aimed at sidelining his opponents.
Furthermore, the justices stressed that a government cannot function without all three branches—executive, legislative, and judicial. By disabling the legislative arm, Fubara had created an unconstitutional situation in the state. The doctrine of necessity, the court noted, could not be used to justify an illegal or unconstitutional status quo. It can only be invoked in rare cases where the Constitution does not provide guidance, which was not the case here.
The court firmly rejected the notion that Fubara’s fear of impeachment could excuse his actions, stating that political disagreements should never lead to an outright disregard for the Constitution and the rule of law. His actions, according to the judgment, amounted to the deliberate destruction of government institutions out of self-preservation.
As part of its ruling, the Supreme Court reaffirmed the Court of Appeal’s judgment in suit No. FHC/ABJ/CS/984/2024 and ordered its full reinstatement. It further directed the Central Bank of Nigeria and the Accountant General of the Federation to halt all financial disbursements to the Rivers State Government until the House of Assembly passes a valid Appropriation Law. The judgment also instructed Martin Amaewhule and the 26 other lawmakers to immediately resume their legislative duties without interference.
Meanwhile, in Port Harcourt, former Minister of Transport, Senator Abiye Sekibo, made a surprising revelation regarding political realignments in the state. Speaking at the inauguration of the rehabilitated Borokiri Fire Service Station, he disclosed that he and other political leaders had abandoned their support for former Vice President Atiku Abubakar in favor of President Bola Ahmed Tinubu due to Fubara’s influence.
Sekibo, previously a staunch supporter of Atiku and the PDP, acknowledged that Fubara had successfully convinced them to align with Tinubu. Addressing the President directly, he urged him not to be swayed by individuals suggesting that Fubara remained loyal to Atiku’s camp. He emphasized that while some former Atiku supporters still worked closely with Fubara, many others had also transitioned to supporting Tinubu’s government in Abuja.
He reassured President Tinubu that Rivers State had a history of aligning with the federal government and would continue to do so under Fubara’s leadership. According to Sekibo, the governor had demonstrated a commitment to governance and national unity, even in the face of financial challenges imposed by the Supreme Court’s ruling.
Despite the restrictions on state funds, Sekibo praised Fubara for maintaining essential services and ensuring stability in Rivers State. He urged the President to recognize Fubara as a key political ally and lend him his full support.
Sekibo concluded by revealing that Fubara had personally assured him of his intention to comply with the Supreme Court’s ruling. Expressing gratitude for being chosen to inaugurate the fire station, he reiterated his call for unity among the people of Rivers State in support of their governor.
For his part, Governor Fubara emphasized that the true purpose of government is to serve the people by providing essential services and ensuring security. He noted that while some leaders choose to publicize even minor projects like boreholes, his administration remained focused on delivering impactful projects that genuinely benefit the citizens.