The Supreme Court has clarified its decision to restore the Hon. Martin Amaewhule-led Rivers State House of Assembly, emphasizing that there was no evidence to support claims of defection by 27 lawmakers from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
Governor Siminalayi Fubara, who raised and later withdrew the defection allegations, was found to have acted unconstitutionally by attempting to exclude the 27 members and recognizing only four lawmakers.
Justice Emmanuel Agim, who signed the judgment, stated that the 1999 Constitution does not support the governor’s stance and that the House of Assembly must be constituted by the number of members prescribed by law.
The court condemned Fubara’s actions, which included preventing legislative sittings and shutting down the Assembly complex, as illegal and despotic. It ruled that these actions had effectively collapsed the legislative arm of the state government.
The court affirmed earlier judgments by the Federal High Court and the Court of Appeal, ordering the immediate restoration of the Amaewhule-led House and the resumption of its legislative functions.
Additionally, it directed the Central Bank of Nigeria and the Accountant General of the Federation to halt funds disbursement to Rivers State until a proper Appropriation Law is passed by the fully constituted Assembly.
The Supreme Court dismissed Fubara’s cross-appeal and reiterated that political disagreements cannot justify unconstitutional actions, calling for the immediate and unhindered resumption of the 27 lawmakers in their legislative duties.
