From Godwin Tsa, Abuja
The Supreme Court has stated that there was no iota or shred of evidence to support the claim of defection made against the 27 members of the Rivers State House of Assembly from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
According to a Certified True Copy (CTC) of the Supreme Court judgment obtained yesterday, the apex court noted that Rivers State Governor, Siminalayi Fubara, who raised the allegations of defection against the 27 lawmakers, withdrew them of his own volition at the Federal High Court in Abuja.
The judgment, signed by Justice Emmanuel Agim, who endorsed the 62-page document, specifically held that by not supporting the defection claim against the Amaewhule-led leadership, the court concluded that, in the eyes of the law, no defection had taken place, and consequently, the status quo in the House of Assembly must remain. Justice Agim added that there cannot be any House of Assembly unless it is constituted as prescribed by the 1999 Constitution, asserting that the Constitution did not envisage or support Governor Fubara’s position of recognising only four members as the authentic House of Assembly.
Consequently, the apex court held that it is an aberration for Governor Fubara to make any requests, nominations, or presentations to the Rivers State House of Assembly unless they are directed to the one led by Hon Martin Amaewhule, believed to be loyal to the faction of former governor Nyesom Wike. “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 judgment stated.
“The said activities of the 8th respondent (Fubara) 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/ABJ/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.
“Having by his own admission engaged in a series of illegal activities just to prevent the other 27 members of the Rivers State House of Assembly from participating in the proceedings of the House to carry out their legitimate legislative duties which they were elected to do, his resort to Sections 102 and 109 of the 1999 Constitution and the doctrine of necessity on the basis of his allegation that they have defected is a red herring to perpetuate his subversion of the Rivers State House of Assembly, the 1999 Constitution and democratic government in Rivers State.
“The 8th respondent (Fubara) had collapsed the Rivers State House of Assembly. Therefore no question about any member having lost his seat in that House due to defection can validly arise. There must be a House of Assembly for any constitutional processes therein to take place. The claim that the 27 members are no longer members of the House on the basis of an alleged defection is a continuation of his determination to prevent them from participating in the proceedings of the House. It is an engagement in chicanery.
“Sections 102 and 109 of the Constitution cannot be invoked in aid of this unconstitutional enterprise. Section 102 of the Constitution that provides that ‘A House of Assembly may act notwithstanding any vacancy in its membership and the presence of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate such proceedings’, cannot be relied on to validate the proceedings of a House of Assembly in the absence of over 90% of the members or to justify a vacancy created by the illegal exclusion of a member of the House or to justify the contrived illegal exclusion of 27 members and officials from the House and illegal shutting down of the House by destroying the legislative building and House of Assembly complex and blocking access to the place by legislators and officials of the House.
“A government cannot be said to exist without one of the three arms that make up the Government of a State under the 1999 Constitution. In this case, the Executive arm of the Government has chosen to collapse the Legislature to enable him govern without the Legislature as a despot. As it is, there is no government in Rivers State.
“The doctrine of necessity cannot be invoked to justify the continued existence of a deliberately contrived illegal or unconstitutional status quo. It cannot be invoked to justify and protect the illegal actions of the 8th respondent and his despotic rule of Rivers State without a House of Assembly. It applies to genuine situations that were not contemplated in the provisions of the Constitution or any law, which situations require the taking of some legitimate extra-constitutional or extra-legal actions to protect public interest.
“The 8th respondent’s fear of impeachment by the House Assembly is no justification for his attacks on the House of Assembly, the Constitution, the Government of Rivers State and rule of law. Political disagreements cannot justify these attacks and contempt for the rule of law by the Governor of a State or any person. What the 8th respondent has done is to destroy the government because of his fear of being impeached.
“In the light of the foregoing, I hold that Cross-appeal No SC/CV/1175A/2024 lacks merit and is hereby dismissed. The part of the judgment of the Court of Appeal affirming the judgment of the Federal High Court in Suit No. FHC/ABJ/CS/984/2024 is hereby affirmed. The said judgment of the Federal High Court in Suit No. FHC/ABJ/CS/984/2024 is hereby restored.
“For avoidance of doubt it is hereby ordered that the Central Bank of Nigeria 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 State until an Appropriation Law is made by Rivers State House of Assembly constituted as prescribed by the 1999 Constitution.
“The Rt Honorable Martin Chike Amaewhule and the other 26 members should forthwith resume unhindered sitting as Speaker and members respectively of the Rivers State House of Assembly. The Rivers State House of Assembly should resume sitting with all elected members forthwith.”
