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Update: Details of Supreme Court CTC Judgment – No evidence that 27 Rivers lawmakers defected; Court slammed Fubara for destroying the government of Rivers State over his fear of impeachment

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Rivers people, Fubara backing Tinubu, says Sekibo
There is no evidence that the 27 members of the Rivers State House of Assembly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), the Supreme Court has held.

It found that Governor Siminalayi Fubara, who raised the allegation of defection, withdrew it when he retrieved all the documents he filed before the Federal High Court in Abuja.

The Supreme Court held that by failing to support his claim of defection with evidence, in the eyes of the law, no defection took place and consequently the status quo in the House of Assembly must remain.

Fubara had explained that he withdrew the processes after President Bola Ahmed Tinubu brokered peace.

He insisted that the other parties did not withdraw theirs.

The Apex the governor for behaving like a despot by demolishing the House of Assembly complex and preventing the 27 lawmakers from sitting.

It said Fubara destroyed the government of Rivers State over his fear of impeachment

These are contained in Friday’s Apex Court judgment on the Rivers crisis. The Certified True Copy (CTC) was obtained by The Nation yesterday.

“In this case, the executive arm of the government has chosen to collapse the legislature to enable him to govern without the legislature as a despot.

“As it is, there is no government in Rivers State,” the Supreme Court held.

In the 62-page lead judgment read by Justice Emmanuel Agim, a clearer picture was painted as to why the justices affirmed Martin Amaewhule as the authentic Speaker.

The court held that the Constitution did not support Fubara’s recognition of four members as the authentic House of Assembly.

It said: “What is clear from the above concurrent findings is that the 8th respondent (Fubara) started the prevention of the 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/AB)/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 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 just to prevent the other 27 members from participating in the proceedings of the House to carry out their legitimate legislative duties which they were elected to do, 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 eighth respondent (Fubara) had collapsed the Rivers State House of Assembly.

“Therefore no question about any member having lost his seat in that House due to defection can validly arise.

“There must be a House of Assembly for any constitutional processes therein to take place.

“The claim that the 27 members are no longer members of the House on the basis of an 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.”

According to the Supreme Court, a government cannot be said to exist without one of the three arms that make it up.

It added: “In this case, the executive arm of the government has chosen to collapse the legislature to enable him govern without the Legislature as a despot. As it is, there is no 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 invoked to justify and protect the illegal actions of the eighth respondent and his despotic rule of Rivers State without a House of Assembly.

“It applies to genuine situations that were not contemplated in the provisions of the Constitution or any law, which situations require the taking of some legitimate extra-constitutional or extra-legal actions to protect the public interest.

“The eighth respondent’s fear of impeachment by the House Assembly is no justification for his attacks on the House of Assembly, 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 eighth respondent has done is to destroy the government because of his fear of being impeached.

“The part of the judgment of the Court of Appeal, affirming the judgment of the Federal High Court in suit No. FHC/AB)/CS/984/2024 is hereby affirmed.

“The said judgment of the Federal High Court in suit No. FHC/AB)/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 made by Rivers State House of Assembly constituted as prescribed by the 1999 Constitution.

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

“The Rivers State House of Assembly Should resume sitting with all elected members forthwith,” the court said.

Yesterday in Port Harcourt, a former Minister of Transport, Senator Abiye Sekibo, said he and other leaders abandoned former Vice-President Atiku Abubakar to support President Bola Ahmed Tinubu because of Fubara.

Sekibo, known as a strong supporter of the former vice president and PDP presidential candidate in the 2023 election, stunned his audience in Port Harcourt when he said Fubara was able to convince them to leave Atiku for Tinubu.

Speaking as a special guest of honour before inaugurating the Borokiri Fire Service Station in Port Harcourt City Local Government rehabilitated by Fubara, Sekibo appealed to President Tinubu not to listen to persons telling him that the Rivers Governor was surrounded by Atiku’s loyalists.

Sending his message to President Tinubu, he said: “Mr President, our own President Bola Ahmed Tinubu, lend me your ears. We, the Rivers people, have always supported the government at the centre. We have always worked with the government at the centre.

“This governor, Siminalayi Fubara, has convinced Rivers people that they must stand with their President and we do stand with you.

“There might be persons telling you stories, especially when they see people like me, who were core Atiku men, they will say: ‘Don’t you see it is Atiku people that are with the governor’.

“There are also Atiku people that are with them there in Abuja. But the governor has convinced us that the place to be is to be with our President and Mr. President we stand with you. We stand with you because that is the right thing to do.

“The elections delivered you as our President and so we stand with you. The elections delivered this governor, our son, for the first time in 24 years.

“The Ijaw nation which is more than eight local government areas of Rivers State have an opportunity of having one of their own as the governor of this state. We stand with him, we have no choice.”

Abiye said Fubara through his work in Rivers has shown that he prioritises the interest of the people and the unity of the country.

He said at a time when the state’s funds were seized, he made sure that there was no problem in Rivers, kept essential services active and worked tirelessly to avoid creating any problem for the federal government.

He called on President Tinubu to support the governor, describing Fubara as an ally of the President.

“Standing by and working with Governor Siminalayi Fubara is the right thing to do and I urge you Mr. President to stand with Siminalayi Fubara.

“My dear people as we urge our President and the Federal Government to stand with our son, we all have a duty to rally around him and stand with him,” he said.

Abiye said Fubara assured him that he would comply with the Supreme Court judgment.

He said he was honoured that the governor chose him to inaugurate the rehabilitated Borokiri Fire Station.

Fubara said the purpose of government was to provide services to the people and protect lives and property.

“So, when we are doing those things that we are elected to do and we start showcasing them, sometimes it doesn’t make any sense.

“But you have to show the world what you are doing so that they will know that you are working. Some will commission boreholes and advertise them.

“But for us, we have chosen to showcase to the world a vital and most needed item of service,” he said.

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Democracy Day: Tinubu Honours Heroes, Seeks Stronger Collective Action on Terrorism

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President honours Gens. Yar’Adua, Williams, Igbokwe, media moguls, activists, other heros
With a call on Nigerians to unite in the fight against terrorism, banditry and kidnapping, President Bola Ahmed Tinubu reflected on the nation’s 27 years of uninterrupted democracy.

He said such joint efforts had become imperative because the battle against insecurity cannot be left to the government alone.

The President listed some deserving individuals, including the late Gen. Shehu Musa Yar’Adua, Gen. Ishola Williams, media executives, rights crusaders and others for national honours.

In his Democracy Day broadcast this morning, the President urged citizens to avoid ethnic profiling and blame games in the face of security challenges.

He assured that the country would emerge stronger and more united after overcoming terrorism.

He said: “At a time like this, let us not assign blame or point fingers. Crime has no ethnicity.

“We must stand united and be assured that the enemies of our nation shall soon be history.

“We will triumph over terror and continue to build a more prosperous nation.”

The President spoke against the backdrop of recent abductions in Oyo and Borno states.

He described the incidents as a painful reminder that democracy cannot thrive without security.

Expressing optimism that the abducted children would regain their freedom, Tinubu stressed that his administration had responded decisively by declaring a security emergency and approving the recruitment of more than 50,000 police officers and thousands of military personnel.

Besides, he said the government allocated N5.41 trillion to defence and security in the 2026 Budget, describing it as the largest security vote ever.

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“Democracy without security is a mirage,” he said, noting that the allocation represents the biggest defence and security budget in Nigeria’s history.

Tinubu said the country had moved beyond conventional military training exercises with international partners to precision targeting of terrorist networks, citing the degradation of an ISWAP command centre in Arege, Borno State, as evidence of progress.

Reflecting on the democratic journey, Tinubu said the country had enjoyed its longest uninterrupted period of civilian rule, spanning 27 years since the return to democratic governance in 1999.

He noted that despite its imperfections, Nigeria’s democracy remained resilient because citizens had consistently chosen leaders through the ballot box, resolved disputes through legal institutions and ensured peaceful transitions of power.

Ahead of the forthcoming governorship elections in Ekiti and Osun states, the President urged stakeholders to safeguard the integrity of the electoral process.

He called on the Independent National Electoral Commission (INEC), security agencies and political parties to ensure peaceful and credible polls, warning that democracy suffers whenever citizens lose confidence in elections.

The Ekiti governorship election will be held on June 20, while the Osun poll is scheduled for August 15.

Tinubu challenged the National Assembly, the Judiciary, the media and civil society organisations to continue serving as guardians of democratic governance.

“Criticise me, disagree with me, but never stop believing in Nigeria,” he said.

On youths, the President urged them to see the country as their future and contribute actively to national development rather than seeking opportunities elsewhere.

He said: “Nigeria is your home and your future. Build here, code here, work here, and vote here. Every great nation was built by those who stayed to solve problems, not by those who abandoned ship.”

The President also commended members of the armed forces, police, intelligence agencies, traditional rulers, religious leaders and community heads for their roles in promoting peace and national cohesion.

The President paid glowing tribute to Nigerians who endured imprisonment, exile, persecution and death during the struggle for democracy, describing them as heroes whose sacrifices made the current democratic dispensation possible.

He saluted the late winner of the annulled June 12, 1993 presidential election, Chief Moshood Kashimawo Abiola, and his deceased spouse, Alhaja Kudirat Abiola, alongside other democracy vanguards.

Former President Muhammadu Buhari in 2018 signed an Executive Order proclaiming June 12, the date of the historic election won by Abiola but annulled by the military, as Democracy Day. It has since been observed as a public holiday.

Those listed for national recognition include Chief Gani Fawehinmi, Chief Bola Ige, Chief Alfred Rewane, Senator Abraham Adesanya, Chief Anthony Enahoro, Alhaji Balarabe Musa, Commodore Dan Suleiman, Dr. Beko Ransome-Kuti, Chief Frank Kokori, Chief Arthur Nwankwo, Mr. Chima Ubani and Gen. Yar’Adua.

Tinubu also announced national honours for many journalists, activists, lawyers, politicians and civil society leaders who suffered persecution, detention, exile and other hardships during the struggle against military rule.

Many military officers who were persecuted during the pro-democracy struggle were also honoured.

They are Ayoka Lawani, Tunde Fagbenle, Oladele Alake, Olatunji Bello, Louis Odion, Segun Babatope, Sam Omatseye, Ademola Osinubi, Bola Bolawole, Lade Bonuola, Femi Kusa, Osa Director, Richard Akinnola, George Mbah, Niran Malaolu, Gbemiga Ogunleye, Jenkins Alumona, Muyiwa Adekeye, Babajide Kolade-Otitoju, Ike Okonta and Ben Charles-Obi (posthumous).

Activists on the list are Debo Adeniran, Ayo Opadokun, Ralph Obiora, Ose Osayande, Sylvester Odion-Akhaine and Arthur Nwankwo (posthumous).

Others are Osagie Obayuwana, Joe Okei-Odumakin, Titus Mann, Joe Igbokwe, Maj.-Gen. Ishola Williams (retd) and Femi Aborisade.

The President equally recognised many military officers, including Maj.-Gen. M.A. Garba, Brig.-Gen. Lawal Jaafaru Isa, Col. Umar Farouk Ahmed, Col. Sambo Dasuki, Col. Lawan Gwadabe, Brig. Jonathan Ndam Temlong, Col. Musa Shehu, Maj.-Gen. Chris Eze, Maj.-Gen. Harris Dzarma, Col. Isa Jibrin, Maj.-Gen. Joseph Oshanupin, Col. Olusegun Oloruntoba, Lt.-Col. Happy Kefas Bulus, Col. J. Okai, Col. Emmanuel Ndubueze, Lt.-Col. Yakubu Muazu and Brig. Yahaya Abubakar, who is the Etsu Nupe.

The President added: “Among the architects of modern democratic Nigeria, we honour General Shehu Musa Yar’Adua for his vision of national partnership.

“In recognition of his contributions, the Federal Government has approved the revitalisation and renaming of the completed Institute of Petroleum Studies, Kaduna, as the General Shehu Musa Yar’Adua University of Geological Sciences and Engineering Technology.”

Tinubu said the full honours list would be released in the coming days.

According to him, the greatest tribute Nigerians can pay to the heroes is to build a nation where freedom is protected, justice is upheld, opportunities are expanded, and government remains accountable to the people.

June 12, he believes, demonstrates the possibility of a united Nigerian nation, noting that while the heroes of that struggle secured political freedom, the responsibility of the present generation is to secure economic freedom.

‘Reforms necessary’

He defended the economic reforms undertaken by his administration, arguing that they were necessary to rescue the country from severe fiscal strain and economic uncertainty.

The President said the reforms had restored stability and credibility to economic management, increased federation revenues, improved fiscal transparency and attracted fresh investments into agriculture, manufacturing, energy, technology, mining, transportation and the creative sector.

He added that domestic refining capacity had expanded significantly, enhancing energy security and reducing dependence on imported petroleum products.

‘We’ll deliver on electricity supply’

On electricity, Tinubu said his administration inherited a sector plagued by inadequate generation, weak transmission infrastructure, huge distribution losses, a metering deficit exceeding four million customers and massive legacy debts.

He noted that the Electricity Act signed by his administration had empowered states to generate, transmit and distribute electricity, while the Presidential Power Sector Task Force had been mandated to tackle the metering gap and raise a N4 trillion bond to settle verified debts in the sector.

The President said the Rural Electrification Agency (REA), with support from the World Bank and the African Development Bank (AfDB), was extending off-grid and mini-grid electricity projects to underserved communities, educational institutions, markets and hospitals across the country.

“Electricity is a democratic dividend we owe every Nigerian. We intend to deliver it,” he said.

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Highlighting ongoing projects, the President said they were creating jobs, improving connectivity and opening new opportunities for enterprise.

He said the National Agricultural Development Fund (NADF) was deploying 10,000 tractors over five years, while over 1,000 small and medium enterprises had been certified for export.

He added that non-oil exports grew by 21 per cent in the past year.

Despite the progress, the President acknowledged that many Nigerians continued to face economic hardship.

He assured citizens that the government remained focused on reducing inflation, increasing food production, creating jobs, improving living standards and ensuring that the benefits of economic reforms reached every household.

“We are moving from uncertainty to stability. The next phase is about accelerating growth and ensuring the benefits are felt in every home, every community and every region. We believe that democracy must be felt in the pocket,” he said.

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BREAKING: Reps Pass State Police Bill in Major Security Reform Move

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The House of Representatives has passed the state police bill, effectively making way for the decentralisation of the Nigerian policing architecture.

The resolution followed the voting by 289 lawmakers in favour of state police during Thursday’s plenary session presided over by the Speaker, Tajudeen Abbas.

Recall that the House committed Thursday’s plenary to voting on the State Police Bill following the spike in killings, kidnappings, and banditry in the past few months.

The session was not without its fair share of drama, as shortly after the lawmakers settled down for the business of the day, Kaduna lawmaker, Bashir Zubairu, moved a point of order, explaining that the document on the proposed state police put together by the House Committee on Constitution Review got to the lawmakers only on Thursday afternoon.

Recognised to speak by the speaker, Zubairu said, “Mr Speaker, this document was only made available to lawmakers in the chambers, and we are yet to go through it. We cannot do justice to it because we have not gone through it.”

Zubairu, a member of the African Democratic Congress, was ruled out of order, allowing the process to proceed.

While the Speaker took members through the clauses, voices shouting “Point of Order” could be heard, but the presiding officer ignored them.

Before the voting began, Abbas announced that the electronic voting system was faulty, noting that the exercise would be conducted based on attendance.

Out of the 290 members in attendance, 289 voted in favour of state police while one voted against. The Speaker abstained from voting.

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No More Delays’ — Senate Leader Confirms State Police Bill Passage This Week

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The National Assembly is set to pass the constitutional amendment bill establishing state police this week, Senate Leader Opeyemi Bamidele has disclosed, describing the reform as long overdue in view of Nigeria’s worsening security challenges.

Speaking in an interview with journalists, the lawmaker representing Ekiti Central Senatorial District said the National Assembly had concluded consultations with key stakeholders and was ready to fast-track the amendment process.

According to him, the amendment would be separated from the broader constitutional review exercise to ensure speedy passage and transmission to the 36 state Houses of Assembly for ratification.

“A cross-section of Nigerians has made it abundantly clear that there cannot be a better time to establish state police than now. We have reached a firm conclusion that we will pass the constitutional amendment to make provision for state police, and this will come to fruition this week,” Bamidele said.

He disclosed that consultations had involved the National Assembly leadership, the Attorney-General of the Federation, the Chief of Staff to the President, the Inspector-General of Police and other critical stakeholders.

The Senate Leader also revealed that President Bola Tinubu and a majority of state governors support the proposal, expressing confidence that the required approval from two-thirds of state assemblies would be secured.

On the controversy surrounding calls for a probe into military spending amid rising insecurity, Bamidele defended the Senate’s decision to reject the motion, insisting that placing the armed forces under public scrutiny while they are actively engaged in counter-terrorism operations would be counterproductive.

He said the military was confronting an unconventional enemy and had continued to make sacrifices in the fight against terrorism despite difficult circumstances.

“We cannot put our military on trial in the middle of a war. Accountability mechanisms already exist through the Senate Committees on Defence, Army, Navy and Air Force, which carry out oversight responsibilities,” he stated.

Bamidele argued that significant progress was being made against insurgents, adding that recent attacks by terrorists reflected desperation arising from heavy losses suffered during military operations.

The Senate Leader also dismissed claims that the 10th National Assembly had become a “rubber stamp” of the Executive, saying lawmakers had consistently engaged the Presidency behind closed doors to resolve disagreements before bills reached the floor.

According to him, constructive collaboration between the legislature and the executive should not be mistaken for weakness.

“We are not a rubber stamp Senate. We simply chose to resolve disagreements privately rather than perform them publicly,” he said.

On electoral reforms, Bamidele maintained that the Electoral Act should not be amended in the heat of political contests, stressing that any review should take place after elections and without retroactive effect.

He also reaffirmed his support for the publication of legislators’ salaries and allowances, saying greater transparency would help dispel public misconceptions about lawmakers’ earnings and benefits.

Regarding anti-kidnapping legislation, Bamidele disclosed that the proposed Anti-Terrorism Bill and measures prescribing the death penalty for convicted kidnappers remain on course and would be concluded alongside related constitutional amendments.

Reflecting on the performance of the 10th Senate, he identified the controversy surrounding the suspension of a senator and allegations of gender insensitivity as one of the institution’s lowest moments.

However, he highlighted several legislative achievements, including tax reforms, the student loan scheme, and the establishment of new federal tertiary institutions across the country.

Bamidele expressed optimism that the Senate’s reforms, particularly the state police initiative and tax legislation, would strengthen national security, deepen democratic governance and provide long-term economic benefits for Nigerians.

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