₦airaland Forum

The Supreme Court has ruled that Rivers State Governor Siminalayi Fubara had already undermined the Rivers State House of Assembly before the defection of Speaker Martin Amaewhule and 26 other lawmakers.

In the judgment delivered by Justice Emmanuel Akomaye Agim, the court found that the concurrent findings of the Federal High Court and the Court of Appeal proved Governor Fubara engaged in several illegal and unconstitutional activities to subvert the State Assembly, the Nigerian Constitution, and to avert his assumed impeachment plans by opposition lawmakers.

This was contained in the apex court’s judgment on Cross-appeal No SC/CV/1175A/2024 by Governor Fubara, where he challenged the rulings of the Federal High Court and the Court of Appeal.

The cross-appeal was part of the appeal filed before the Supreme Court by the Rivers State House of Assembly and Amaewhule.

The appeal lists the Government of Rivers State; Rivers State Independent Electoral Commission; Hon. Justice Adolphus Enebeli (Rtd) (Chairman, Rivers State Independent Electoral Commission); Central Bank of Nigeria; Zenith Bank Plc.; Access Bank Plc.; Accountant General of the Federation; the Government of Rivers State (Sir Siminalayi Fubara); the Accountant General of Rivers State; and Hon. Justice S. C. Amadi (Chief Judge of Rivers State) as the 1st to 10th respondents.

Court of Appeal in its Judgment in Appeal No. CA/ABJ/CV/133/2024 is that the 8th respondent admitted engaging in all these activities.

“What is clear from the above concurrent findings is that the 8th respondent started the prevention of the sittings of the Rivers State House of Assembly constituted by the number of members as prescribed by S.96 of the 1999 Constitution long before the issue of the remaining 27 members defecting to another political party arose.”

According to the judge, the said activities of Governor 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.

The court said, “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 Ss.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.

“The 8th respondent 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 such as declaration of a seat vacant for defection therein to take place.

“Only the House can declare a seat vacant for defection and not the Governor of a State. Not even the Courts can do so.”

The apex court ruled that the assertion that the 27 Assembly members are no longer part of the House due to alleged defection is a continuation of Governor Fubara’s efforts to prevent their participation in House proceedings.

The judge said, “It is not shown or suggested that their names are now in the register of members of another political party or that they have obtained membership card of that other party.

“Membership register and membership card constitute the only proof of membership of a political party.

“What is clear is that the 2nd cross respondent and the other 26 members of the Rivers State House of Assembly are still valid members of the Rivers State House of Assembly and cannot be prevented from participating in the proceedings of that House by the 8th respondent in cahoots with the 4 members of the Rivers State House of Assembly.”

“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,” the court said.

“In this case, the Head of 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 court said Fubara’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”.

“What the 8th respondent has done is to destroy the government because of his fear of being impeached,” the court said.






https://saharareporters.com/2025/03/05/governor-fubara-collapsed-rivers-assembly-destroyed-govt-over-fear-impeachment-supreme

Toh

Fubara, Dey go, dey go , dey go we dey your back.. Hahaha

Awon oloriburuku supporters. They must use their evil supporting to send others to oblivion sha ni

A clueless neophyte being smacked silly.

It’s well… Wrongly calculated move on the chess board.