Justice Emmanuel Akomaye leading a five-man panel of the court in one hour, thirty-six-minute unanimous judgement delivered on Friday, dismissed the cross-appeal filed by Governor Siminalayi Fubara challenging the validity of the House of Assembly presided over by Martin Amaewhule as the Speaker.
In dismissing Governor Fubara’s appeal, the court ordered Martin Amaewhule to resume sitting immediately with other elected members of the Rivers State House of Assembly.
The court held that it is an aberration for Governor Fubara to have purportedly presented an appropriation bill before a four-man House of Assembly thereby denying twenty-eight constituencies of effective representation in vagrant violation of a court order
The court mandated him (Fubara) to re-present the 2024 appropriation bill before a validly constituted Assembly led by Amaewhule.
The apex court further held that the actions of Governor Fubara over the alleged defection of twenty-eight members of the Rivers Assembly is an act of brigandage and dictatorship aimed at preventing the House from performing its legitimate functions under the speakership of Amaewhule.
The court also held that the demolition of the Rivers State House of Assembly Complex by Governor Fubara is an act of indiscipline bordering on the excessive use of executive might to frustrate the sitting of the Assembly led by Amaewhule.
The apex court in another judgement, also declared the local government election conducted on the 5th of October 2024, by the Rivers State Independent Electoral Commission invalid.
In a judgment delivered by Justice Jamilu Tukur, the court declared the election invalid for grossly violating the Electoral Act.
Reading the judgement, Justice Tukur said the action of the Rivers State Independent Electoral Commission is declared void for lack of substantial compliance to the Electoral Act and guidelines as the electoral body continued voter registration even after announcing an election date.
The court held that processes leading to the conduct of a local government election were abridged in clear violation of Section 150 of the Electoral Act.
It will be recalled that Governor Fubara has been at loggerheads with his predecessor and Minister of the FCT, Nyesom Wike over the control of the State, which led to the crisis that eventually divided the State House of Assembly
Following the fallout, the House was balkanised, with 27 members led by Amaehwule remaining loyal to Wike while four others led by Edison Ehie continued working with Governor Fubara
Fubara later appointed Ehie as his Chief of Staff and Victor Oko-Jumbo took over the leadership of the House faction loyal to the governor.
The feud also saw the emergence of parallel sittings, an impeachment plot against the governor, the demolition of the Assembly complex, and a gale of resignations of pro-Wike commissioners in Fubara’s cabinet.
Both parties have been in court for months over the crisis until the Supreme Court judgement on Friday.
The Court of Appeal in Abuja had in October 2024, affirmed the judgment of the Federal High Court which set aside the N800 billion budget passed by five members of the Rivers State House of Assembly which was led by Edison Ehie-led.
The appellate court dismissed the appeal filed by the Governor of Rivers State Siminalayi Fubara on grounds that it lacked merit.
The court held that Governor Fubara withdrew his counter-affidavit at the lower court in the matter and as such cannot commence an appeal in a matter he did not challenge at the trial stage.
In the unanimous judgement, the court said that Governor Fubara is expected to apply the rule of law and not the rule of might.
The court further said that the situation in Rivers State House of Assembly is an executive dictatorship by the governor and a joke taken too far..
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