Rivers State Political crisis: Governor Fubara withdraws Appeal from Supreme Court
The political situation in Rivers State took a new turn when the Supreme Court ruled on Governor Siminalayi Fubara’s appeal regarding the leadership of the state’s House of Assembly. The court’s decision to dismiss the governor’s challenge further entrenched the authority of Martin Amaewhule as the Speaker of the Assembly, a position he holds as a loyalist to former Governor Nyesom Wike, who now serves as the Federal Minister for the Capital Territory.
The ruling concluded the legal battle over who holds legitimate power within the state assembly. This dispute had far-reaching implications not only for the state’s politics but also for its governance and legislative processes, particularly regarding the passage of the state budget.
Justice Uwani Abba-Aji delivered the ruling, noting that the appeal filed by Governor Fubara was withdrawn by his lawyer, Yusuf Ali (SAN), and therefore could no longer proceed. The document of withdrawal, signed by Fubara’s lawyer, explained that the appeal was “overtaken by events,” indicating that the issues in contention had already been rendered moot.
The court also imposed a fine of two million naira on Fubara, payable to the Rivers State House of Assembly as the first respondent and to Martin Amaewhule as the second respondent. This decision underscores the seriousness of the court’s view on the matter and its desire to prevent unnecessary litigation in what it sees as a settled issue.
In legal terms, the withdrawal of Fubara’s appeal means that the earlier judgment of the Court of Appeal, which recognized Martin Amaewhule as the legitimate Speaker, remains in effect. This ruling now stands as the final authority on the matter, compelling the governor to respect the leadership structure as established by the assembly under Amaewhule’s leadership.
The root of this legal battle lies in the intense political rivalry within Rivers State. After the conclusion of Nyesom Wike’s tenure as governor, his allies within the state assembly, including Martin Amaewhule, found themselves at odds with Governor Siminalayi Fubara’s administration. This disagreement led to the formation of two factions within the state assembly, each backing a different speaker.
The faction led by Amaewhule was aligned with Wike’s political legacy, while the other, supported by Fubara, was in favor of a speaker loyal to the new governor. The crisis intensified in 2023 when the Rivers State House of Assembly complex was demolished, further complicating the governance and functioning of the assembly.
In the midst of this crisis, Governor Fubara presented a N800 billion budget for 2024, which was passed by a faction of the assembly loyal to him. However, this budget was challenged in court by the Amaewhule-led faction, which argued that the budget was passed by an illegitimate group of lawmakers. The legal proceedings culminated in a Federal High Court ruling in favor of Amaewhule’s faction, which nullified the budget passed by the Fubara-supported faction.
The court also issued an injunction preventing the governor from obstructing the assembly’s activities under the leadership of Amaewhule. This injunction represented a significant blow to Fubara’s authority, as it reinforced the legitimacy of Amaewhule’s position as Speaker of the House.
Before the Supreme Court ruling, the Federal High Court in Abuja had already made a landmark decision regarding the Rivers State House of Assembly’s leadership. In December 2023, Justice James Omotosho nullified the budget passed by the faction led by Edison Ehie, who had been aligned with Fubara. The court found that the budget, passed by Ehie’s faction, was not legitimate and could not be signed into law by the governor.
This ruling further complicated the relationship between the governor and the legislature, highlighting the dysfunction in the state’s governance system. It was also significant in its endorsement of Martin Amaewhule as the rightful Speaker, thus solidifying the political influence of Amaewhule’s faction.
The legal implication of these developments is that the governor, now bound by the Court of Appeal’s ruling, can no longer oppose the leadership of Amaewhule. Any actions or decisions made by the Fubara administration in relation to the state assembly must align with the recognized leadership of Amaewhule and the pro-Wike faction.
One of the pivotal moments in the political crisis in Rivers State was the demolition of the Assembly Complex by the state government, which occurred after tensions between the two factions escalated. The demolition of the assembly building was seen by many as an attempt to weaken the Amaewhule-led faction and prevent it from carrying out its legislative functions.
In the aftermath of the demolition, the legitimacy of both factions became even more contentious. The presentation of the N800 billion budget to the five members of the assembly loyal to Fubara was a direct response to the closure of the assembly complex. This act, however, only deepened the division between the two factions and led to further legal battles.
The dismissal of Fubara’s appeal and the subsequent recognition of Amaewhule as the Speaker of the Rivers State House of Assembly have significant implications for the state’s governance. First, the ruling ensures that the Amaewhule faction will continue to exercise control over the legislative activities of the state assembly. It also upholds the earlier court decision that declared Fubara’s actions in passing the N800 billion budget to be invalid.
Politically, this decision strengthens the position of Nyesom Wike’s loyalists in the state, while weakening Fubara’s authority. The ongoing crisis in Rivers State has brought attention to the larger issue of political factionalism and governance in Nigerian states, highlighting the challenges faced by new administrations in maintaining unity and control over state institutions.
The legal ruling also emphasizes the role of the judiciary in resolving political disputes. In this case, the courts played a central role in determining the rightful leadership of the state assembly and ensuring that legislative activities were conducted in accordance with the law.
The Supreme Court’s dismissal of Governor Fubara’s appeal and the court’s decision to award costs against him brings to a close a key chapter in the ongoing political and legal struggle in Rivers State. With Martin Amaewhule now confirmed as the legitimate Speaker of the state assembly, Fubara is left with little recourse but to comply with the legal rulings and recognize Amaewhule’s leadership.
This decision has broader implications for the state’s political future, particularly as it relates to the balance of power between the executive and legislative branches. It also serves as a reminder of the importance of the judiciary in upholding the rule of law and ensuring that political power is exercised within the confines of legal frameworks.
As the political situation in Rivers State continues to evolve, this ruling may set the stage for further legal and political developments, particularly as Governor Fubara navigates his governance under the shadow of a divided state assembly.
This comprehensive summary covers the critical details of the legal battle surrounding Rivers State’s political landscape, the actions of key players involved, and the wider implications for governance in Nigeria.