The Supreme Court has ruled that Rivers State Governor, Siminalayi Fubara, took deliberate and unconstitutional actions to cripple the Rivers State House of Assembly in a bid to prevent his impeachment.
In a judgment delivered by Justice Emmanuel Agim, the apex court found that Fubara engaged in a series of illegal activities to undermine the legislature long before Speaker Martin Amaewhule and 26 other lawmakers defected from the Peoples Democratic Party (PDP).
The court stated that the concurrent findings of both the Federal High Court and the Court of Appeal established that Fubara’s actions were aimed at subverting the constitutional functions of the Assembly.
Fubara’s Desperate Measures
The judgment, part of Cross-Appeal No. SC/CV/1175A/2024 filed by Fubara, revealed that the governor’s fear of impeachment prompted him to:
- Attempt to get the National Assembly to take over the legislative functions of Rivers State.
- Prevent the Rivers Assembly from convening with a constitutionally required quorum.
- Facilitate the relocation of a factional three-member Assembly to an alternate venue.
- Withhold Assembly funds and remove the Clerk and Deputy Clerk.
- Deploy heavy machinery, including bulldozers, to demolish the legislative complex.
- Restrict lawmakers and Assembly staff from accessing the legislative building.
The Supreme Court noted that these actions were taken in defiance of court orders obtained by the 27 lawmakers to restrain the governor from interfering with their duties.
Fubara Collapsed the Legislature
Justice Agim further held that Fubara’s moves rendered the Rivers State House of Assembly non-functional, making the argument about the lawmakers’ defection irrelevant.
“The 8th respondent [Fubara] collapsed the Rivers State House of Assembly,” the judge ruled. “Therefore, no question about any member losing his seat due to defection can validly arise. There must be a House of Assembly for any constitutional process, such as declaring a seat vacant, to take place.”
The court also dismissed Fubara’s reliance on Sections 102 and 109 of the Constitution and the doctrine of necessity, describing it as an excuse to continue his assault on the legislature.
“No Government in Rivers State”
The Supreme Court condemned Fubara’s tactics, stating that his fear of impeachment did not justify his attacks on the Constitution and democratic institutions.
“A government cannot be said to exist without one of the three arms of government,” the ruling read. “Here, the Head of the Executive has chosen to collapse the Legislature so he can rule without it—as a despot. As it stands, there is no government in Rivers State.”
The judgment stands as a strong rebuke against Fubara’s governance approach, highlighting the dangers of executive overreach and unconstitutional tactics to avoid political accountability.
