* As Supreme Court Orders Amaewhule, all elected Assembly members to resume sitting
* Stops CBN, AGF from allocating funds to state gov’t
* State gov’t appeals for calm
By David Maxwell
It appears that the last is yet to be heard about the crisis rocking the oil rich Rivers State. The ruling of the Supreme Court on Friday, February 28 not only upheld Martin Amaewhule as the authentic Speaker of the State’s House of Assembly, thereby restoring the 27 defected Lawmakers to their seats, but also stopped the Central Bank of Nigeria, CBN, and the Account General of the Federation,.AGF, from releasing funds to the state government until after the appropriation bill is duly passed by the lawful House of Assembly.
Following this ruling by the Apex Court, AljazirahNigeria can authoritatively report that the 27 Lawmakers are scheaming to impeach embattled Governor Siminalayi Fubara once they resume seating. According to an impeccable source, “the Lawmakers are not happy about the back and forth through the judiciary that has not only kept them apprehensive, but seemingly docile since October 2023. As such, I can confidentiality tell you that they shall begin Impeachment proceedings against the governor once they resume.
Recall that the Supreme Court on Friday affirmed the Rivers House of Assembly led by Martin Amaewhule as the authentic and legally constituted lawmaking body in the state.A five-member panel of justices led by Uwani Abba-Aji gave the order in the unanimous judgment read by Justice Emmanuel Agim.
The Apex court also restrained the Central Bank of Nigeria,.CBN, and the Accountant-General of the Federation, AGF from further releasing budgetary allocations to the Rivers Government until a valid Appropriation Act is passed by a lawfully constituted house of assembly led by Martins Amaewhule.
The embattled assembly Speaker, Amaewhule, and 26 others were alleged to have dumped the Peoples Democratic Party,.PDP, for the All Progressives Congress,.APC, and their seats declared vacant by Okey Jumbo-led house of assembly.
But in its decision, the Supreme Court ordered that all members of the Rivers House of Assembly are to resume normal legislative businesses without any hindrance to any members.
Justice Emmanuel Agim, in the lead judgment, agreed with the arguments made by lawyer to the Amaewhule-led members of the assembly, Mr Ogwu Onoja, SAN.
Justice Agim condemned the conduct of Gov. Siminalayi Fubara, who he said, chose to destroy the government of the state and resort to acting unlawfully by pulling down the house of assembly due to his fear that there were moves to impeach him.
“It must be stated loud and clear that the crisis in Rivers State is as a result of non-adherence to the rule of law as well as the fragrant disregard of court orders,” he said.
The judge faulted the Court of Appeal for holding that the Federal High Court lacked the jurisdiction to hear the suit, marked: FHC/ABJ/CS/984/2024.
The suit sought to restrain the CBN and AGF from releasing funds to Rivers owing to its failure to obtain a valid Appropriation Act in compliance with the Jan. 22, 2024 judgment by Justice James Omotosho in suit number: FHC/ABJ/CS/1613/2023.
He also faulted the consequential order made by the Appeal Court in the December 13, 2024 judgment, voiding the October. 30, 2024 judgment by Justice Joyce Abdulmalik in suit number FHC/ABJ/CS/984/2024.
“The view of the Court of Appeal that suit number: FHC/ABJ/CS/984/2024 is over the consolidated revenue fund of River State is wrong as it is not supported by the reliefs claimed for in the originating summons.
“This wrong view influenced it to hold that the subject matter of this suit is not within the scope of the jurisdiction of the Federal High Court.
Justice Agim proceeded to set aside the December 13, 2024 judgment of the Court of Appeal, in which the appellate court held that the Federal High Court lacked jurisdiction to hear and determine on cases relating to funds belonging to Rivers State.
He restored the October 30, 2024 judgment by Justice Abdulmalik and all the consequential orders made thereto.
The judge said: “In the light of the foregoing, I hold that the decision of the Court of Appeal that the Federal High Court lacked the jurisdiction to entertain and determine suit number FHC/ABJ/CS/984/2024i s wrong.
“The trial court validly exercised it’s jurisdiction to hear and determine suit number: FHC/ABJ/CS/984/2024.
“So appeal number: SC/CV/1174/2024 is resolved in favour of the appellants. On the whole, this appeal succeeds as it has merit. It is accordingly allowed.
“The order the Court of Appeal made on the 13th of December 2024 in appeal number: CA/ABJ/CV/1287/2024, striking out suit number: FHC/ABJ/CS/984/2024 for lack of jurisdiction is hereby set aside,” he said.
Justice Agim faulted the decision of the Rivers governor purporting to deploy the doctrine of necessity and the provisions of Sections 102 and 109 of the Constitution to justify his decision to relate with only four members of a 32-member Rivers House of Assembly.
He held that, having created an environment that made it impossible for the state assembly to lawfully function, Fubara could not rely on Sections 102 and 109.
The court held that the doctrine of necessity to give validity to the proceedings of the house of assembly constituted by less than 1/3 of the members and the action of his actions, which included presenting the state’s appropriate bill before a four-member assembly.
In the light of the forging, there is palpable tension in the state which is clearly divided between the former Governor and current Minister of the Federal Capital Territory, FCT, Barrister Ezenwo Nyesome Wike who the 26 Lawmakers are loyal to,.and current Governor Fubara.
Meanwhile, the Rivers State Government, RSG, has urged its citizens to remain calm and law-abiding as it seeks clarity from the legal team on the Supreme Court judgement.
The Commissioner for Information and Communication, Mr Joe Johnson, made the remark in a statement issued in Port Harcourt on Friday. He said that the state government was yet to get details of the judgment from its legal team, urging the people to go about their legitimate businesses. “We have taken note of reports in the media regarding the recent judgment of the supreme court concerning the funds of Rivers State and the administration of local governments in the state.
“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,” he said.
Johnson said that the determination of the main issue of the defection of the 27 lawmakers was a matter not before the Supreme Court but pending at the Federal High Court in Port Harcourt.
“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,” he stated.
A resident Tonye Jack, told this medium: “Well, we are all waiting to see what happens by Monday, especially as the state government has asked us to remain calm, so as law abiding citizens of our dear state, we shall exercise restraint. But I can assure you that there’s serious tension throughout the state.”
