March 07, (THEWILL) – The Supreme Court has ruled that there is no credible evidence to support claims that Speaker Martins Amaewhule and 26 other pro-Wike lawmakers in the Rivers State House of Assembly defected from the Peoples Democratic Party to the All Progressives Congress.
A five-member panel of the apex court, led by Justice Emmanuel Agim, made the declaration in a judgment delivered last week, affirming that Rivers State Governor Siminalayi Fubara, who initially raised the defection claims, voluntarily withdrew the case at the Federal High Court in Abuja.
A Certified True Copy of the 62-page judgment, signed by Justice Agim, noted that the alleged defection lacked substantial proof, further reinforcing the decision of the Court of Appeal.
The crisis in the Rivers Assembly escalated on December 13, 2023, when the Assembly, led by former Speaker Edison Ehie, declared the seats of the 27 pro-Wike lawmakers vacant, citing their alleged defection two days earlier.
In response, a Rivers State High Court, presided over by Justice Charles N. Wali, issued an order on May 10 and 30, barring Amaewhule and the 26 lawmakers from sitting or parading themselves as members of the Assembly.
However, in a separate ruling, Justice Okogbule Gbasam of the Federal High Court struck out a suit filed by Wosa Amadi and three others seeking to officially declare the lawmakers’ seats vacant. The court held that political party membership can only be established through official registration records or a membership card, stating that televised announcements or verbal declarations were insufficient proof.
Furthermore, Justice Gbasam ruled that all laws enacted by the Amaewhule-led Assembly remain valid and must be obeyed by the Rivers State government.
Delivering its final judgment, the Supreme Court ruled that in the eyes of the law, no defection took place, and therefore, the status quo in the House of Assembly must be maintained.
Justice Agim’s panel condemned Fubara’s actions, stating that his attempt to exclude the 27 lawmakers from the Assembly amounted to an unconstitutional power grab.
“The said activities of the 8th respondent (Fubara) were adjudged by the concurrent holdings of the Court of Appeal as illegal and unconstitutional long before the allegation of defection started. His reliance on Sections 102 and 109 of the Constitution and the doctrine of necessity is a ploy to continue his brazen subversion of the Rivers State House of Assembly, the 1999 Constitution, and legitimate governance in Rivers State,” the judgment read in part.
The apex court further criticised Fubara’s handling of the legislative crisis, accusing him of deliberately collapsing the Rivers State House of Assembly to rule without legislative oversight.
“There must be a functioning House of Assembly for any constitutional process to take place. The claim that the 27 members are no longer part of the Assembly due to defection is merely a continuation of his determination to prevent them from participating in legislative proceedings,” the court stated.
In a significant ruling, the Supreme Court ordered the Central Bank of Nigeria and the Accountant General of the Federation to halt all financial disbursements to the Rivers State Government until a legally constituted Assembly, as prescribed by the 1999 Constitution, enacts an Appropriation Law.
Additionally, the court directed Martins Amaewhule and the 26 lawmakers to immediately resume their roles in the Rivers State House of Assembly without any hindrance.
“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,” the judgment concluded.
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