Supreme Court explains why it reinstated Hon. Martin Amaewhule’s leadership

A Certified True Copy (CTC) of the Supreme Court’s judgment on the Rivers State political crisis has revealed why the court reinstated Hon. Martin Amaewhule’s leadership of the Rivers State House of Assembly.

In its 62-page judgment, the apex court ruled that there was no credible evidence supporting claims that 27 lawmakers had defected from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).

The judgment, signed by Justice Emmanuel Agim, noted that Governor Siminalayi Fubara, who initially accused the lawmakers of defection, later withdrew the allegations at the Federal High Court in Abuja.

Since no proof of defection was presented, the court ruled that, legally, the lawmakers never left the PDP, making Fubara’s attempt to recognize only four lawmakers as the House of Assembly unconstitutional.

Justice Agim emphasized that under the 1999 Constitution, a House of Assembly must function with its full membership.
He criticized Governor Fubara for attempting to operate without a legitimate legislature, calling it a threat to democracy.

The court ruled that Fubara deliberately shut down the Rivers Assembly, blocking lawmakers from performing their duties.

His reliance on Sections 102 and 109 of the Constitution was an excuse to justify executive overreach.

A government cannot function without a legislature, and any attempt to govern without one amounts to despotic rule.

Destroying the Assembly complex and preventing lawmakers from accessing it was an illegal attempt to subvert democracy.
It added that political disagreements cannot justify violating the Constitution.

As part of its ruling, the Supreme Court issued the following directives:

The Central Bank of Nigeria (CBN) and the Accountant General of the Federation must stop releasing funds to the Rivers State Government until an Appropriation Law is passed by a legally constituted Assembly.

Hon. Martin Amaewhule and the 26 lawmakers must immediately resume their legislative functions.

All elected Assembly members must be allowed to sit without obstruction.

With the ruling, the Supreme Court has fully reinstated the Amaewhule-led House of Assembly, striking down Governor Fubara’s efforts to alter its composition.

The judgment reinforced the principles of legislative independence and constitutional governance, warning that any attempt to sideline the legislature threatens democracy itself.