In a major legal development, the Court of Appeal in Abuja affirmed Martin Amaewhule as the legitimate Speaker of the Rivers State House of Assembly, dismissing an appeal by Governor Siminalayi Fubara. The three-member panel of judges ruled unanimously on Thursday, saying the governor’s appeal lacked merit. This decision effectively restored control of the House to lawmakers loyal to former Governor Nyesom Wike.
Governor Fubara, however, is not giving up. According to the Rivers State Commissioner for Information and Communications, Joseph Johnson, the ruling will be challenged at the Supreme Court.
“There’s another level; that’s the Supreme Court. We believe the truth will come out there,” Johnson said in an interview with The Punch.
He also clarified that the Court of Appeal’s decision was more procedural than substantive, claiming, “The truth of the matter is that it didn’t help their case. When it gets to the Supreme Court, I believe the truth will be unravelled.”
The appeal was connected to an earlier judgment by the Federal High Court in January 2024, which had nullified the state’s N800 billion budget on grounds of improper legislative procedure. The budget had been presented to only four of the 31 members of the Assembly. The Court of Appeal upheld this earlier ruling, stating that Fubara’s actions violated the 1999 Nigerian Constitution. Justice Joseph Oyewole, who delivered the lead judgment, criticized the governor’s inconsistency in the case, noting that Fubara had initially withdrawn his counterclaims, effectively conceding to the case presented by the lawmakers.
“The appellant was being inconsistent, blowing hot and cold at the same time. Parties must be consistent in court matters,” Justice Oyewole remarked.
He added that Fubara’s legal missteps were “self-inflicted” and could not be reversed at the appeal stage.
The court further ordered Governor Fubara to re-present the 2024 budget to the House under Amaewhule’s leadership, as previously mandated by the lower court. In addition, the court directed Fubara to stop withholding funds meant for the Assembly and prohibited him from removing the Clerk and Deputy Clerk from their posts.
Governor Fubara had sparked controversy by attempting to conduct a legislative session with only four lawmakers and presenting the budget in an unofficial setting, a move that both the Federal High Court and Court of Appeal condemned as unconstitutional.
“Four out of 31 members of the Rivers State House of Assembly cannot, by any stretch of the imagination, constitute the required forum for transacting the business of the House,” Justice Okon Abang, one of the appellate judges, remarked. He accused the governor of “executive lawlessness” and violating the rule of law.
Also Read:
- Governor Fubara Orders Investigation into Arson and Killings in Rivers State
- Police Respond to Governor Fubara’s Accusations
Justice Abang also criticized Fubara for demolishing the Rivers State House of Assembly complex in December 2023 and secretly organizing a legislative session outside the official premises.
“The rule of might has no place in a democratic setting,” Abang emphasized.
In total, the Court of Appeal dismissed Fubara’s appeal and imposed a fine of N500,000 on the governor, payable to each of the 12 respondents in the case. The decision marks a significant legal victory for Martin Amaewhule and the pro-Wike lawmakers, but the battle appears far from over as the case now heads to the Supreme Court.
Johnson expressed confidence in the upcoming legal challenge, stating, “Let us believe that the Supreme Court, which is the final court of the land, will do justice to it.”