Politics
Point of No Return: Tinubu in dilemma over Rivers sagas, as state of emergency looms
With the Certified True Copy of the Friday, 28 February Supreme Court judgment, which reinstated pro-Wike Rivers assembly members as lawmakers, delivered, the hope of Gov. Siminalayi Fubara, over the determination of the fate of the lawmakers led by Speaker Martin Amaewhule, who on December 11, 2023, defected to the All Progressives Congress (APC), may have finally disappeared.
And with political solutions to the crisis looking farfetched in the wake of the hardline stance of the affected lawmakers, even as militant groups and different political stakeholders in the state continue to take positions, Rivers appears very much poised to descend into a political stalemate with a state of emergency looming at its tail end.
“The problem is very unlikely to be resolved politically now, and with the Supreme Court judgment, Fubara is holding the short end of the stick. The pro-Wike lawmakers have the numbers to impeach him, but that would be difficult because I understand that the Chief Judge, Justice Simeon Amadi, is on his side. The Chief Judge would be called upon to set up a 7-man panel to investigate the supposed offences by Fubara. He can opt not to,” noted Anthony Chidi, an Abuja-based legal practitioner and analyst.
“What could follow is that the parties would move from one case of illegality to another, and eventually there will be a breakdown of law and order. That’s when a state of emergency is likely to be declared. I think that’s what those in Abuja are driving at. They want to take over the state by all means because of 2027. But what is happening is very unfortunate.”
Recall that on December 11, 2023, a viral video emerged in which the 27 pro-Wike lawmakers were seen announcing that they had joined the APC while waving the party’s flag and chanting “On your mandate, we shall stand,” the campaign song of President Bola Tinubu. The defection had followed a heated controversy over their attempt to impeach Gov. Fubara, who had fallen out with his predecessor, Nyesom Wike.
The Constitution
Section 109(1)(g) of the 1999 Constitution of the Federal Republic of Nigeria mandates that a member of a House of Assembly must vacate his or her seat upon becoming a member of another political party before the expiration of the period for which that House was elected.
And there are a number of precedent judgments of the Supreme Court, which expressly state that unless the present political party of a lawmaker is factionalized at the national level or is otherwise undergoing merger plans with other political party or parties, a serving lawmaker, who voluntarily defects to a different political party has automatically and mandatorily lost their seat, and thereby, ceases to be a member of the affected Legislative House effective from the day of such a defection.
For instance, in AG FEDERATION V ABUBAKAR (2007) 10 NWLR (PT.1041) 1 AT 178, Aderemi, a Supreme Court justice held thus: “If any of these elective members after winning an election on the platform of a political party, later… defects to another political party, he is deemed, in law, to have AUTOMATICALLY VACATED his seat in the House of which he is a member. No other interpretation can be given to the above provision…”
Perhaps, with the provisions of the Constitution in mind, Edison Ehie, then a lawmaker loyal to Gov. Fubara, subsequently declared the seats of the pro-Wike lawmakers vacant after getting a court order, which enabled him to take over the Rivers legislature.
With their seats declared vacant by Ehie who then led four pro-Fubara lawmakers until his resignation in the wake of a controversial peace deal brokered by President Tinubu, a marathon legal battle ensued. And while it raged, the affected lawmakers, perhaps realising that their seats were under threat, nine months after, in September 2024, denied ever detecting from the PDP to the APC.
“A lot has been said about the issue of defection; 27 of us in the State House of Assembly never defected to any other party,” Amaewhule, had said in a video posted on X. “We were elected under the platform of the PDP, and we never defected. We never took any steps to defect to any other party. What you see every time are mere plans by the Gov. of Rivers State.”
Business Hallmark gathered that Amaewhule and his colleagues subsequently went to the Federal High Court to withdraw the affidavit they swore to the effect that that they had defected from PDP to APC. And perhaps with evidence of their defection withdrawn, even as Gov Fubara opted to withdraw the process he filed against the said lawmakers, the Supreme Court took its decision.
Supreme Court Verdicts
Recall that the Supreme Court had, on the said Friday, dealt a heavy blow to Gov. Fubara as it first reinstated a High Court judgment that barred the Central Bank of Nigeria (CBN), and the Accountant General of the Federation from releasing statutory monthly allocations to the state.
The apex court, in a unanimous decision by its five-member panel led by Justice Uwani Abba-Aji, faulted the Abuja Division of the Court of Appeal for vacating the initial order that stopped the release of funds to Rivers State from the consolidated revenue, following Gov. Fubara’s refusal to re-present the 2024 Appropriation Bill of the state before the Hon. Amaewhule-led faction of the Rivers State House of Assembly.
It held that contrary to the verdict of the Appellate Court, the Federal High Court in Abuja had the requisite jurisdiction to entertain the suit the 27 pro-Wike lawmakers filed to challenge the continued withdrawal and expenditure of funds belonging to the state without the approval of the State Assembly.
Justice Emmanuel Agim, who delivered the lead judgment, held that the appellate court misapprehended the core issue in dispute when it pegged it on the consolidated revenue of Rivers State alone. He held that it was such wrong view that influenced the appellate court to deliver judgment in Fubara’s favour, stressing that what was at the center of the case was the refusal of the Rivers state governor to obey a subsisting court order that mandated him to present the 2024 Appropriation Bill of the state before a validly constituted House of Assembly.
Slamming Fubara’s decision to present the Appropriation Bill before only four members of the Assembly that are his loyalists, the Supreme Court held that the 27 pro-Wike lawmakers remained valid members of the Rivers Assembly in the absence of evidence that they allegedly defected from the PDP to the APC.
The Supreme Court noted that Fubara shot himself on the foot when he withdrew processes he filed in the legal action the Hon. Amaewhule-led lawmakers filed to be recognized as authentic members of the Rivers State House of Assembly.
The court held that in the absence of any counter-affidavit from the governor, it was deemed that he admitted all the depositions that were made by the lawmakers, including the allegation that he engaged in a reckless exercise of his executive powers.
The apex court further dismissed Fubara’s claim that in view of the defection of the lawmakers, he had to invoke the “doctrine of necessity” to “salvage unsavoury constitutional imbroglio” that was occasioned by the defection of the 27 lawmakers, hence his presentation of the Appropriation Bill to only four remaining members of the Assembly.
According to the court, the doctrine of necessity could not be invoked to justify an illegal action that involved the governor destroying the House of Assembly complex out of fear that he would be impeached by the lawmakers.
It held that the purported sitting of four members of the Assembly, in disobedience to an earlier order of court that empowered the Hon. Amaewhule-led lawmakers to carry out legislative functions for the state, amounted to a nullity as the same remained void in the eyes of the law.
“Political disagreement cannot provide justification for contempt,” the court added, as it restrained the CBN and the AGF from further releasing allocations to Rivers State.
Besides ordering all the elected members of the Assembly to resume sitting immediately, the Supreme Court awarded N5 million cost against Fubara.
LG Chairmen, Councillors sacked
In another judgment on the same Friday, the Supreme Court sacked all the Chairmen and Councillors that emerged from the October 2024 Local Government Elections that were held in Rivers State. This followed an appeal that was brought before the court by the APC.
In a unanimous decision by the Justice Abba-Aji-led panel, the apex court vacated the November 21, 2024, judgment of the Court of Appeal in Abuja, which validated the election of the LG officials.
Delivering the lead judgment, Justice Jamilu Tukur held that there was no evidence to establish that the condition precedent stipulated by section 150(3) of the Electoral Act, 2022, was met before the election was conducted by the Rivers State Independent Electoral Commissioners (RSIEC).
Therefore, the apex court restored an earlier verdict of the Federal High Court in Abuja, which barred the Independent National Electoral Commission (INEC), from releasing the voters’ register to the RSIEC for the conduct of the local government polls.
It maintained that there was no evidence that INEC carried out a review of the voters register at least 90 days before the election was held. It was the position of the apex court that the Rivers LG polls was conducted in clear violation of the Electoral Act, adding that notice of the election and continuous review of the voters register was not done as required by the law.
Meanwhile, a special panel of the Court of Appeal led by Justice Onyekachi Otisi had held that the High Court lacked the jurisdiction to entertain suit against the Rivers State LG elections.
Fubara in tight corner
By his decision to withdraw the processes he filed in the legal action the Hon. Amaewhule-led lawmakers filed to be recognized as authentic members of the State House of Assembly, which was part of agreement brokered by President Tinubu, Gov. Fubara may have unwittingly boxed himself into a very tight corner and made himself vulnerable to possible impeachment by the now emboldened pro-Wike lawmakers.
In the immediate aftermath of the Supreme Court judgment, Wike, his political adversary and current Minister of the FCT, described the judgment as the end of the reign of impunity in Rivers state, saying Fubara’s government has collapsed and all his decisions and appointments invalidated.
“What the Supreme Court said was that the budget should be presented to the properly constituted assembly, which is the authentic leadership of the assembly led by Martin Chike Amaewhule. I have always said that the wheel of justice is sluggish but it will come when it will come. This matter has been laid to rest by the highest court of the land. The only thing that can happen now is for anybody unhappy to appeal to God if there is an opportunity to appeal to God,” Wike boasted in Abuja after the judgment.
The immediate past governor of Rivers also suggested that Fubara had committed impeachable offences, which may be an indication of the ultimate objective of his loyalists in the state assembly.
He said, “You expended 2024 budget without appropriation. Who does that? That one man would spend billions, trillions of Naira without the Legislature approving it? What can be constitutional infraction more than that? It has never happened. Do you need anybody now to tell you that the governor has committed an impeachable offence?
Even if the Chief Judge of the state, for example, is his friend, what can the Chief Judge do now? The Supreme Court has said there was no budget. Assuming the Legislature wants to commence impeachment proceedings, what would the judge do? Yes, the Chief Judge was part of the people, who were supporting him. So, even if now, the assembly wants to, which I will not advise, but assuming they want to impeach him, what can you do now? He appointed commissioners without legislative backing. He demolished an arm of government building.”
Government reaction
Meanwhile, Gov. Fubara, on his part, said the state government would carefully evaluate the situation and determine the next steps to take in the best interest of Rivers State and its people. A statement issued by his Commissioner for Information, Joe Johnson, said, “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 got 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. 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.”
President Tinubu’s ambush
However, while Gov. Fubara may be hoping to get reprieve when the issue of the defection of the pro-Wike lawmakers from the PDP to APC, which is currently before the Federal High Court in Port Harcourt, is decided, the Supreme Court appears to have already taken a position.
Recall that the Federal High Court sitting in Port Harcourt and presided over by Justice E. A. Obile, had earlier adjourned the matter seeking interpretation on the status of the pro-Wike till April 30, 2025, for the adoption of the parties’ written addresses.
Justice Obile’s decision had been based on the fact that similar cases were pending before the Supreme Court. He had said that the Federal High Court would not share jurisdiction on pending matters with the apex court of Nigeria. The Judge assured the counsels that hearing notices would be served on them after the Supreme Court dispenses with the cases before it.
The apex court, through a Certified True Copy (CTC) of its judgment, meanwhile explained that it restored the Martin Amaewhule-led leadership of the House of Assembly because there was was no shred of evidence to support the claim of defection made against the 27 Assembly members.
The apex court in the 62-page judgment obtained on Thursday, and signed by Justice Emmanuel Agim, said Fubara, who raised the allegations of defection against the 27 lawmakers of his own volition, withdrew the allegations at the Federal High Court in Abuja, after meeting with President Tinubu.
By not supporting the defection claim against the Amaewhule-led Assembly, the apex court held that in the eyes of the law, no defection took place and consequently the status quo in the House of Assembly must remain.
Justice Agim, who endorsed the judgment copy, specifically held that there could not be any House of Assembly unless as prescribed by the 1999 Constitution, adding that the Constitution did not envisage or support the position of Fubara to recognize only four members as the authentic House of Assembly.
It held that, “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 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.
“For the avoidance of doubt, it is hereby ordered that the Central Bank of Nigeria (CBN) 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 until an Appropriation Law is made by the House of Assembly constituted as prescribed by the 1999 Constitution,” the court said.
“Amaewhule and the other 26 members should forthwith resume unhindered sitting as Speaker and members respectively of the House of Assembly. The House of Assembly should resume sitting with all elected members forthwith.”
Lawyers weigh in
No lawyer agreed with the Supreme Court’s decision on the status of the pro-Wike lawmakers, but there’s a consensus among them that once the apex court has decided, such a decision must be complied with.
“Asking them (the pro-Wike lawmakers) to resume sitting when their legal status hasn’t been resolved is like asking a Court of Law whose statutory jurisdiction is being challenged to resume and continue sitting until objections to its jurisdiction are resolved/determined,” noted Sylvester Udemezue, a lecturer at Nigerian law school, in an article. “It’s a strange principle now being laid down by the Supreme Court of Nigeria.”
Udemezue, however, conceded that, “In respect of Supreme Court’s direction that the group of 27 Honorables should resume sitting as members of the House pending determination or resolution of their LEGAL STATUS following from disputes about their defection and its legal effects, and all questions arising therefrom, I submit that any, every and all judgments of a Court of law must be obeyed by all, irrespective of anyone’s opinion about the judgment(s).”
Toeing the same line of argument, Oba Maduabuchi, SAN, a constitutional lawyer, noted that the Supreme Court is like the Pope, whose decision is final.
“The Supreme Court will never be wrong; it is like the Pope,” he said. “When the Pope is speaking at the cathedral with respect to the affairs of the Catholic Church, he can never be wrong. He is infallible. It is the same way that the Supreme Court of Nigeria, with respect to any judicial matter, can never be wrong. Everything they say is right.
“The judgment has come, and the effect is known to all of us. But I think it is one of the most misinterpreted judgments the Supreme Court has ever given. The only one that comes close to it is Hope) Uzodinma, who came from fourth to one.
“In the case of Rivers state, the issue of defection never played out at all. There was no question of whether the people defected or not and whether they still retained their seats. It was not part of what the Supreme Court decided. What the Supreme Court was concerned with was that an order was made that you should not hold an election, and you didn’t obey that order. Yet, you are still in court seeking benefits from the court. The Supreme Court didn’t take it lightly.”
Escalating tension
Tension has continued to escalate in Rivers following the Supreme Court judgment, with both the Ijaw National Congress (INC) led by Prof. Benjamin Okaba, and the Ijaw Youth Council (IYC), led by Alaye Theophilus, including other stakeholders like Chief Sara Igbe and Alhaji Asari Dokubo, threatening to resist any attempt to impeach Fubara.
Also, a number of militants have threatened to attack oil installations in response to any attempt to impeach the governor.
Meanwhile, the police, in response, have warned that nobody has a monopoly of violence.
The Rivers State Police Commissioner, Olugbenga Adepoju, late last week, warned that, “If fire is coming from heaven, it will not consume only one person, definitely everybody will be consumed.
“So, nobody can threaten anybody. We are handling the situation the way we should, and we are ready for anything that is going to come. All eyes are on Rivers State now. I don’t think there is any problem here really, but we will not allow anybody to heat up the polity.”
Similarly, some stakeholders of the state under the auspices of the Rivers Restoration Movement (RRM) on Thursday, asked security agencies to immediately arrest persons threatening to sabotage the economy or unleash violence on the people.
The RRM in a statement signed by its Director-General, Johnson Georgewill, and Secretary, Mrs. Sarima Akpata, said those utterances were not only reckless, thoughtless and provocative but also posed a grave threat to national security and peaceful coexistence.
Fubara’s commissioners, election agency sue lawmakers
Meanwhile, the attempt by the Amaewhule-led Assembly to reverse Fubara’s appointment of 19 commissioners is now a subject of litigation at the State High Court.
The commissioners, whose appointments were cleared by four supporters of the governor in the assembly, are asking the court to restrain the lawmakers from declaring their appointments illegal.
Also now in court challenging the right of the assembly to summon them for questioning are the chairman of the State Independent Electoral Commission (RISIEC), Justice Adolphus Enebeli (rtd), and his commissioners.
Enebeli had been given a 48-hour ultimatum by the House of Assembly to appear before the lawmakers and explain the circumstances surrounding the conduct of the October 2024 Local Government Election that was nullified by the Supreme Court.
The assembly on Friday, extended the ultimatum by 72 hours when the RISIEC commissioner did not show up.
The Govv. Fubara commissioners, in their suit filed at the State High Court sitting in Port Harcourt, are seeking an order of interlocutory injunction to restrain Amaewhule and 26 others from taking further steps to enforce or act upon the entire resolutions passed on March 5 and from making further pronouncements in respect of their appointment as commissioners.
They are also praying for an order of interlocutory injunction restraining the lawmakers from interfering in any way whatsoever in the performance of their duties and responsibilities as commissioners in the executive council.
Besides, they want the court to issue an order directing the lawmakers to maintain the status quo ante bellium pending the hearing and determination of the motion on notice.
Justice Frank Onyiri granted them leave to serve the defendants through substituted means and adjourned to April 17th for hearing of the motion on notice.
In the other suit, Justice Enebeli (rtd), and others are praying for an order of interlocutory injunction restraining Amaewhule and others from taking further steps to enforce their invitation to appear before the assembly and stopping the legislative arm from making further pronouncements or resolutions requiring or commanding their appearance at the Rivers State House of Assembly at the risk of warrant of arrest upon failure to do so on March 3, 2025 or any other date pending the hearing and determination of the motion on notice.
Justice Onyiri, upon receipt of the motion on notice, granted the claimants leave to serve the defendants through substituted means.
The court said: “It is ordered that leave be and is hereby granted to the claimants/applicants to serve by substituted means of the originating and other processes in this suit on the 1st to 27th defendants by pasting same at the gate of Rivers State House of Assembly Quarters, opposite former NDDC Headquarters, off Aba Road, Port Harcourt, Rivers State.
The court adjourned the case to April 17th for a hearing of the motion on notice.
