• Stops CBN From Releasing Funds To Rivers State Govt
• Orders Pro-Wike Lawmakers To Resume Immediately
• APC Hails Judgment, Warns Fubara Against Disobeying Verdict
• INEC Faults Governor’s Allegations Over Rivers Assembly Crisis
The Supreme Court on Friday declared as invalid, illegal, null and void, the local government election conducted in Rivers State on October 5, last year, which was won by the All People’s Party (APP).
The Supreme Court held that the election was invalid because all conditions precedent billed to be implemented were jettisoned by the Rivers State Electoral Commission (RSIEC).
Specifically, Justice Jamilu Tukur, who delivered the lead verdict, held that the council poll was conducted in gross violation of Section 150 of the Electoral Act 2022.
A Federal High Court in Abuja on Monday, September 30, 2024, stopped the Independent National Electoral Commission (INEC) from releasing voters register to the Rivers State Independent Electoral Commission (RSIEC) for the purpose of conducting the October 5, 2024 local government elections in the state.
The court had also barred the Inspector General of Police (IGP) and the Department of the State Service (DSS) from providing security.
Justice Peter Lifu issued the order against INEC while delivering judgment in a suit brought before him by the All Progressives Congress (APC).
Justice Lifu held that the RSIEC was wrong in fixing the October 5 date for the conduct of the poll into the 23 local governments when all relevant laws guiding the election had not been complied with.
In another suit, the Supreme Court also ordered the Central Bank of Nigeria (CBN) and the Accountant General of the Federation to stop further release of financial allocations to the Rivers State government with immediate effect.
The Supreme Court directed that the order shall be in force until Rivers State Governor, Siminalayi Fubara, stops all his illegal, unlawful and unconstitutional activities.
Specifically, the court ordered that no money shall be released to the state government until a lawful Appropriation Law is enacted under the Martin Amaewhule-led House of Assembly.
In a judgment on Friday delivered by Justice Emmanuel Akomaye Agim, the Supreme Court also ordered the embattled 27 members of the House of Assembly to resume function immediately.
The unanimous judgment of the five-man panel of Justices led by Justice Musa Uwani Aba-Aji dismantled all actions carried out by Fubara for being unlawful.
The court lambasted the governor for engaging in the criminal activity of demolishing the House of Assembly complex with impunity just to prevent 27 legislators in the House of Assembly from carrying out their lawful activities.
Justice Agim ordered that the Clerk and Deputy Clerk, who were unlawfully redeployed out of the House of Assembly, must be allowed to resume work alongside the House of Assembly members.
The court held that it was an aberration for Fubara to operate with only four out of the 32 House of Assembly members under the guise of baseless fears that he would be impeached.
According to the Justices, Fubara, by his unlawful act, among others, collapsed the House of Assembly and used his immunity under section 308 of the 1999 Constitution to carry out barbaric acts against the rule of law.
The Supreme Court affirmed the judgments of the Court of Appeal and the Federal High Court, both in Abuja, which had earlier declared the acts against the 27 state House of Assembly members as unlawful and illegal.
A sum of N10 million fine was imposed on Fubara to be paid to the House of Assembly and the 27 members, who instituted the suit against him.
Reacting to the judgment, the All Progressives Congress (APC) in Rivers State applauded it, noting that it underscores the need for obedience to the laws of the land as the only panacea to enthroning peace, tranquility and development.
In a statement signed by its state publicity secretary, Chibike Ikenga, the APC stated that the contentious issues having been addressed with proper alignment to the laws and constitution of the land, everyone should prevail on Fubara to quickly retrace his steps not supported by the laws and do the needful for the state to thrive.
The statement read in part: “As a party, you will recall that we had at various opportunities called on Governor Fubara to obey court orders, rulings, judgments and the extant laws for peace; but all our entreaties fell on deaf ears as the governor was more interested in listening to ‘conflictprenuers’ who cashed in on his ‘naivety’ to scam the state and dealt a very big blow to our treasury and development. Some of these latter day saints could not consider the challenges their siphoning the funds for development of the state to their private pockets will pose to the masses of the people.
“Our challenge of the unconstitutionality of the local government election, which has been validated by the Apex Court, was done in good faith to save the resources of the people at the third tier from further dev elopmental deterioration. ”
Ikenga stated that the APC as the opposition party in the state would continue to act as watchdogs for good governance and qualitative delivery of the yearnings and aspirations of the people. On his part, Minister of the Federal Capital Territory, Nyesom Wike, has warned that there would be serious consequences should Fubara disobey the judgment of the Supreme Court.
In an interview with journalists in Abuja, Wike commended the judiciary for protecting democracy.
According to the FCT Minister, it is unimaginable that the governor would contemplate disobeying the judgment of the Supreme Court because it would be a direct invitation to anarchy.
He urged the governor to immediately go back to the Amaewhule-led leadership of the House of Assembly, which has been restored by the Supreme Court .
Wike noted that Friday’s judgment of the Supreme Court marked a major development in the ongoing political crisis in Rivers State.
He mocked all those who had been encouraging Fubara to embrace impunity and advised them to retrace their steps in the best interest of democracy.
However, the Rivers State government has said that it would decide its next step when it gets details of the Supreme Court judgment on the lingering political crisis in the state.
The State Commissioner for Information, Joseph Johnson, in a statement said, the state government has taken note of reports in the media regarding the judgment of the Supreme Court concerning the funds of Rivers State and the administration of local governments in the state.
He said: “At this time, we are awaiting a detailed briefing on the implications of the judgment. We will carefully evaluate the situation and determine the next steps to take in the best interest of Rivers State and its people.
“Though we have not gotten the details of the judgment from our legal team, we enjoin Rivers people to remain calm, law abiding and go about our legitimate businesses as we seek clarity on the judgment.
“We believe that the determination of the main issue of defection of the 27 lawmakers is a matter not before the Supreme Court as it is pending at the Federal High Court in Port Harcourt. Since the issue of defection wasn’t on the table before the learned Justices, in their eyes, Amaewhule and the 26 others are still operating as lawmakers until that matter of defection comes before them.”
Johnson, however, gave assurances that the state government remains committed to upholding its mandate to protect the best interest and the rule of law in all matters affecting Rivers State.
Meanwhile, the Independent National Electoral Commission (INEC) has faulted Governor Fubara over allegations that the commission was refusing to fill vacancies arising from the alleged defection of serving members of the National and State Assembly from one political party to another.
Chief Press Secretary to the INEC Chairman, in a statement on Friday, dismissed the claims as misleading and baseless.
Oyekanmi said the commission could not conduct elections to fill vacancies in the Rivers State House of Assembly while the matter remains in court.
A faction loyal to Fubara had urged INEC to conduct a by-election to fill the seats of 27 lawmakers loyal to the FCT Minister, Nyesom Wike.
However, Rotimi clarified that the matter is subjudice, with multiple lawsuits pending across various courts, including the Supreme Court.
He said: “Our attention has been drawn to a statement credited to the Governor of Rivers State, Siminalayi Fubara, in which the commission was accused of selective implementation of elections to fill vacancies arising from the defection of serving members of the National and State Assembly from one political party to another.
“While no specific instances of the alleged selective action were presented, the statement specifically accused the Commission of deliberate failure to fill the vacancies resulting from the protracted crisis in the Rivers State House of Assembly where two factions are jostling for control.
“In the midst of the crisis, three or so lawmakers have declared the seats of 27 members vacant and vice versa.
“While the Commission is aware of the situation in the Rivers State House of Assembly, the matter is pending in court and, therefore, subjudice. For the avoidance of doubt, the Commission has been joined in several suits filed by litigants at various courts, including the Supreme Court.
“Under the circumstances, the Commission must await the final judicial pronouncement on the matter before it embarks on a puerile exercise that may eventually amount to a nullity and a waste of public funds.
“We urge people occupying high public offices to be circumspect in their public statements before they mislead the public and cast aspersions on public institutions, particularly where they are aware of the pending cases in court.”
