Supreme Court Accuse Fubara Of Pulling Down Rivers Assembly After Sensing Impeachment, List Other Sins

The Supreme Court has ruled that Rivers State Governor, Siminalayi Fubara, had already undermined the State House of Assembly before Speaker Martin Amaewhule and 26 other lawmakers defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

The apex court, in a judgment delivered by Justice Emmanuel Akomaye Agim, held that the concurrent findings of both the Federal High Court and the Court of Appeal proved that Governor Fubara engaged in illegal and unconstitutional activities to subvert the State Assembly, violate the Nigerian Constitution, and prevent an anticipated impeachment by opposition lawmakers.

The ruling was part of the Supreme Court’s judgment on Cross-Appeal No SC/CV/1175A/2024, filed by Governor Fubara to challenge the earlier rulings of the Federal High Court and the Court of Appeal.

The cross-appeal was linked to the main appeal brought before the Supreme Court by the Rivers State House of Assembly and Speaker Martin 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.

Fubara requested the Supreme Court to determine whether Sections 102 and 109(g) of the 1999 Constitution and the doctrine of necessity validate the proceedings of the Rivers State House of Assembly, which was constituted by less than one-third of its members, and the actions of the State government based on such proceedings.

Justice Agim stated, “The concurrent findings of facts in the Court of Appeal Judgment in Appeal No. CA/ABJ/CV/133/20249 (exhibit RSHA 5) indicate that some months after the 8th respondent was elected and sworn in as Governor of Rivers State in 2023, he began to fear that, instigated by his political opponents, members of the Rivers State House of Assembly were planning or initiating proceedings to impeach and remove him from office as Governor of the State.

“That to pre-empt his said impeachment, 8th respondent took several steps such as attempting to get the National Assembly to take over the exercise of the legislative powers of Rivers State from the Rivers State House of Assembly, preventing the Rivers State House of Assembly from sitting with its complete members or constitutionally prescribed quorum of one-third of the 32 members and arranged for initially 4 members and subsequently 3 members to be sitting as Rivers State House of Assembly outside the Legislative building of the Rivers State House of Assembly, withholding Rivers State House of Assembly funds, removing the Clerk and Deputy Clerk of the Rivers State House of Assembly, using caterpillars, bulldozers and other earth moving vehicles and equipment to pull down, dismantle and destroy the legislative building of the Rivers State House of Assembly…”

The apex court also knocked Fubara for preventing the lawmakers and other staff of the Rivers State House of Assembly “from having access to the House of Assembly Complex to do official work and engaging in all these actions in disobedience of interim restraining orders of Courts that were obtained by the said 27 members of the Rivers State House of Assembly in suits to restrain these actions.”

It said, “These series of actions by the 8th respondent caused the Rivers State House of Assembly to commence Suit No. FHC/ABJ/CS/1613/2023 against the National Assembly, the 8th respondent, the Accountant General of the Federation, the Inspector General of Police and others.

“The concurrent finding of fact by the 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.

“Having by his own admission engaged in a series of illegal activities just to prevent the other 27 members of the Rivers State House of Assembly from participating in the proceedings of the House to carry out their legitimate legislative duties which they were elected to do, his resort to Ss.102 and 109 of the 1999 Constitution and the doctrine of necessity on the basis of his allegation that they have defected is a red herring to perpetuate his subversion of the Rivers State House of Assembly, the 1999 Constitution and democratic 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.”