Why Pro-Wike Rivers Assembly Was Restored – Supreme Court

The Supreme Court has clarified its decision to reinstate the Martins Amaewhule-led Rivers State House of Assembly, emphasizing that the 1999 Constitution mandates the proper formation of a legislative body in the state.

In a 62-page Certified True Copy of its judgment, obtained on Thursday in Abuja, the court ruled that there was no evidence to support claims that 27 lawmakers had defected from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).

The court had, on February 28, ordered the Central Bank of Nigeria and the Accountant-General of the Federation to withhold funds from the Rivers State Government until the House of Assembly was constituted in accordance with the law.

Justice Emmanuel Agim, who delivered the judgment, faulted Governor Siminalayi Fubara’s decision to recognize only four lawmakers as the legitimate Assembly. The court noted that Fubara initially accused the 27 lawmakers of defection but later withdrew the allegations at the Federal High Court in Abuja. Since the claims were withdrawn, the court ruled that no defection had legally taken place, and the Assembly should continue as originally constituted.

The judgment declared that it would be unlawful for Fubara to acknowledge any legislative body other than the one led by Amaewhule. The court criticized the governor’s actions, stating that his claim of defection was merely an excuse to justify what it described as an unconstitutional takeover of the legislature.

It further rejected Fubara’s reliance on the doctrine of necessity, arguing that it could not be used to justify the dismantling of a legally recognized institution. The ruling stated that necessity applies only in unforeseen situations not covered by the Constitution, and not as a tool to subvert established legal frameworks.

The court warned that a functioning government cannot exist without all three arms—Executive, Legislature, and Judiciary—and accused the Executive of deliberately attempting to collapse the Legislature to consolidate power. It described this move as an attack on democratic governance and the rule of law.

Fubara’s cross-appeal was dismissed, and the Federal High Court’s earlier ruling was upheld. The Supreme Court ordered the Central Bank and the Accountant-General to cease disbursing funds to the Rivers State Government until a proper Appropriation Law was passed by the Assembly as required by the Constitution.

The ruling also directed that Speaker Martins Amaewhule and the 26 other lawmakers immediately resume their legislative duties without hindrance. The court reiterated that the Rivers State House of Assembly must convene with all duly elected members to carry out its constitutional responsibilities.