URBANEXPRESSLIVEURBANEXPRESSLIVEURBANEXPRESSLIVE
  • Home
  • Politics
    Politics
    “Followers who tell the truth, and leaders who listen to it, are an unbeatable combination.”— Warren Bennis
    Show More
    Top News
    Dissolution of APC Benue Executives Attracts Reaction from North Central Party Forum
    August 24, 2024
    Can Do Spirits”Remain Your Potential, Former Vice President Tells Dangote
    September 6, 2024
    Why Nigeria Govt Allay Fear Over Abuja Tremor
    September 18, 2024
    Latest News
    There’s No Justification For Not Being In Peace With My Boss-Fubara
    May 30, 2025
    Concerns As Activists Fear Emergency Rule May Last Beyond Six Months
    May 28, 2025
    Obi , Atiku in Deep Blue Sea As Coalition Confused Over Choice of Candidate-Lere
    May 24, 2025
    US Ex- Ex-President Biden Diagnosed with Prostate Cancer
    May 19, 2025
  • Entertainment
  • Urban & Rural Lifestyle
  • Column
  • Environment
  • Urban Sports
  • Crime Lence
  • More Links
    • About Us
    • Contact us
    • Advertise
Search
  • Advertise
© 2024 Urbanexpresslive. All Rights Reserved.
Reading: Certified True Copy: Supreme Court Gives More Clarifying Decision Reinstating Amaewhule-led Assembly
Share
Notification Show More
Font ResizerAa
URBANEXPRESSLIVEURBANEXPRESSLIVE
Font ResizerAa
  • Home
  • Politics
  • Entertainment
  • Urban & Rural Lifestyle
  • Column
  • Environment
  • Urban Sports
  • Crime Lence
  • More Links
Search
  • Home
  • Politics
  • Entertainment
  • Urban & Rural Lifestyle
  • Column
  • Environment
  • Urban Sports
  • Crime Lence
  • More Links
    • About Us
    • Contact us
    • Advertise
Follow US
  • Advertise
© 2022 Foxiz News Network. Ruby Design Company. All Rights Reserved.
URBANEXPRESSLIVE > web-Page > Discover > Certified True Copy: Supreme Court Gives More Clarifying Decision Reinstating Amaewhule-led Assembly
DiscoverPolitics

Certified True Copy: Supreme Court Gives More Clarifying Decision Reinstating Amaewhule-led Assembly

urbanexpresslive
Last updated: March 7, 2025 7:05 am
urbanexpresslive
Share
8 Min Read
SHARE

Olusegun Ariyo

A Certified True Copy, CTC, of the Supreme Court judgment on the political crisis in Rivers State has shed light on why the apex court restored the leadership of the State House of Assembly under Martin Amaewhule.

In a 62-page judgment obtained on Thursday by Urban Express News Online, the Supreme Court made it clear that there was no iota or shred of evidence to support the claim that 27 members of the House of Assembly had defected from the People’s Democratic Party, PDP, to the All-Progressives Congress, APC.

To worsen the situation, the judgment, signed by Justice Emmanuel Agim, revealed that the Rivers State Governor, Siminalayi Fubara, who had raised allegations of defection against the 27 lawmakers, later withdrew the allegations of his own volition at the Federal High Court in Abuja.

By failing to substantiate the defection claims against the Amaewhule-led leadership, the Supreme Court held that, in the eyes of the law, no defection had taken place, and consequently, the status quo in the House of Assembly must remain.

Justice Agim, who endorsed the judgment, specifically stated that there cannot be a House of Assembly except as prescribed by the 1999 Constitution. He added that the Constitution neither envisaged nor supported Governor Fubara’s position of recognising only four members as the legitimate House of Assembly.

As a result, the Supreme Court ruled that it was an aberration for Governor Fubara to make any requests, nominations, or presentations to the Rivers State House of Assembly unless they were directed to the leadership under Hon. Martin Amaewhule, who is believed to be loyal to the faction of former Governor Nyesom Wike.

The judgment stated: “What is clear from the above concurrent findings is that the 8th respondent (Fubara) initiated the prevention of sittings of the Rivers State House of Assembly, constituted by the number of members as prescribed by Section 96 of the 1999 Constitution, long before the issue of the remaining 27 members defecting to another political party arose.

“The said activities of the 8th respondent (Fubara) were adjudged by the concurrent holdings of the Court of Appeal in its judgment in Appeal No. CA/ABJ/CV/133/2024 as illegal and unconstitutional long before the allegation of defection started.

“Against the background of these concurrent findings and holdings in the Court of Appeal judgment in Appeal No. CA/ABJ/CV/133/2024, it is reasonable to conclude that the cross-appellant’s reliance on Sections 102 and 109 of the Constitution and the doctrine of necessity is intended to continue his brazen subversion of the Rivers State House of Assembly, the 1999 Constitution, and legitimate government in Rivers State.

“Having, by his own admission, engaged in a series of illegal activities aimed at preventing the 27 members of the Rivers State House of Assembly from participating in the House’s proceedings and carrying out their legitimate legislative duties, his resort to Sections 102 and 109 of the 1999 Constitution and the doctrine of necessity on the basis of his allegation that they have defected is a red herring to perpetuate his subversion of the Rivers State House of Assembly, the 1999 Constitution, and democratic government in Rivers State.

“The 8th respondent (Fubara) had effectively collapsed the Rivers State House of Assembly. Therefore, no question about any member having lost his seat due to defection can validly arise. There must be a functioning House of Assembly for any constitutional processes therein to take place.

“The claim that the 27 members are no longer members of the House based on alleged defection is a continuation of his determination to prevent them from participating in the proceedings of the House. It is an engagement in chicanery.

“Sections 102 and 109 of the Constitution cannot be invoked in aid of this unconstitutional enterprise. Section 102 of the Constitution, which provides that ‘A House of Assembly may act notwithstanding any vacancy in its membership and the presence of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate such proceedings,’ cannot be relied upon to validate the proceedings of a House of Assembly in the absence of over 90% of its members. Neither can it justify a vacancy created by the illegal exclusion of members, nor justify the contrived illegal exclusion of 27 members and officials from the House, the illegal shutting down of the House, the destruction of the legislative building, or the blocking of access to the House by legislators and officials.

“A government cannot be said to exist without one of the three arms that constitute a state government under the 1999 Constitution. In this case, the Executive arm has chosen to collapse the Legislature, allowing the Governor to rule without legislative oversight, effectively as a despot. As it stands, there is no functioning government in Rivers State.

“The doctrine of necessity cannot be invoked to justify the continued existence of a deliberately contrived illegal or unconstitutional status quo. It cannot be used to justify or protect the illegal actions of the 8th respondent and his despotic rule over Rivers State.

“It applies only to genuine situations that were not contemplated by the Constitution or any law, where extraordinary but legitimate actions are required to protect the public interest.

“The 8th respondent’s fear of impeachment by the House of Assembly is no justification for his attacks on the Legislature, the Constitution, the Government of Rivers State, and the rule of law.

“Political disagreements cannot justify these attacks and contempt for the rule of law by the Governor of a State or any person. What the 8th respondent has done is to destroy the government due to his fear of being impeached.

“In light of the foregoing, I hold that Cross-Appeal No. SC/CV/1175A/2024 lacks merit and is hereby dismissed.

“The part of the judgment of the Court of Appeal affirming the judgment of the Federal High Court in Suit No. FHC/ABJ/CS/984/2024 is hereby affirmed. The said judgment of the Federal High Court in Suit No. FHC/ABJ/CS/984/2024 is hereby restored.

“For the avoidance of doubt, it is hereby ordered that the Central Bank of Nigeria and the Accountant General of the Federation should forthwith stop releasing and paying to the Government of Rivers State, its organs, departments, and officials any money belonging to Rivers State until an Appropriation Law is enacted by the Rivers State House of Assembly, constituted as prescribed by the 1999 Constitution.

“The Rt. Honourable Martin Chike Amaewhule and the other 26 members should forthwith resume sitting, unhindered, as Speaker and members, respectively, of the Rivers State House of Assembly.

You Might Also Like

Ukraine Peace Deal, Top Priority Concern With US-Kremlin

Why DNA Test is More Important Than Naming Ceremony-Don Jazzy

Defamation:  Nigerians React As Dele Farotimi Is Brought To Court In Handcuffs

We’ll Support Stampede Victims, Families-Nigerian- VP Shettima

From Q1, We Should Have Tax Bill Passed, Implementation To Commence In July-Oyedele

Sign Up For Daily Newsletter

Be keep up! Get the latest breaking news delivered straight to your inbox.
[mc4wp_form]
By signing up, you agree to our Terms of Use and acknowledge the data practices in our Privacy Policy. You may unsubscribe at any time.
Share This Article
Facebook Twitter Copy Link Print
Share
Previous Article Nuclear Umbrella: EU Leaders Welcome Macron’s offer
Next Article I Still Remain Senator, Natasha Akpoti Replies Red Chambers, Says Suspension Illegal, Undemocratic
Leave a comment Leave a comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Stay Connected

235.3kFollowersLike
69.1kFollowersFollow
11.6kFollowersPin
56.4kFollowersFollow
136kSubscribersSubscribe
4.4kFollowersFollow
- Advertisement -
Ad imageAd image

Latest News

There’s No Justification For Not Being In Peace With My Boss-Fubara
Discover Politics May 30, 2025
Achieving Brighter future for Nigerian children 
Column May 29, 2025
Transfer: Why Osayi Samuel to Ligue 1 Club, Rennes Radar
Urban Sports May 28, 2025
How Real Madrid Announced the Signing of Two Players for This Week
Urban Sports May 28, 2025
Executive Master of Transport Management
//

UrbanExpressNews is Nigeria Most Reliable Online News, With Quality Pedigree of Writers made available on the online space.

Download Our App

Sign Up for Our Newsletter

Subscribe to our newsletter to get our newest articles instantly!

info@urbanexpresslive.com

 

Follow US
© 2024 Urbanexpresslive. All Rights Reserved.
Welcome Back!

Sign in to your account