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.