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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
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.
The Federal Government has banned electricity distribution companies and installers from collecting any form of payment for meters, warning that DisCo officials and installers found extorting customers will be prosecuted.
The Minister of Power, Adebayo Adelabu, issued the warning on Thursday during an on-site inspection of newly imported smart meters at APM Terminals, Apapa, Lagos.
Adelabu said the meters were procured under the World Bank–funded Distribution Sector Recovery Programme and must be installed for consumers free of charge, stressing that any demand for money would be treated as an offence.
Adelabu, who was received into the Apapa Port Command of the Nigerian Customs Service by Area Controller Emmanuel Oshoba, expressed happiness over the importation of another tranche of 500,000 smart meters under DISREP.
He said the meters would be given to all electricity customers, regardless of their band. “I want to mention that it is unprecedented that these meters are to be installed and distributed to consumers free of charge—free of charge! Nobody should collect money from any consumer. It is an illegality. It is an offence for the officials of distribution companies across Nigeria to request a dime before installation; even the indirect installers cannot ask consumers for a dime.
It has to be installed free of charge so that billings and collections will improve for the sector.
“The main objective of coming here today is to carry out a physical on-site inspection of shipments of smart meters that the Federal Government has imported under the World Bank-funded Distribution Sector Recovery Programme. This programme is supporting the Federal Government to import a total of about 3.4 million meters in two batches; the first batch is 1.43 million meters, out of which we have received close to about a million meters. Currently, almost 150,000 meters have already been installed across all distribution companies in the country.
“And what we have today is close to 500,000 meters that we just received. They are all smart meters, and I believe that the journey of completely eliminating the meter gap in the Nigerian power sector has just begun,” Adelabu said, even as he expressed dissatisfaction with the pace of metering.
Adelabu was optimistic that in a couple of years, every household, business, and institution would be fully metered so that billings and collections in the power sector would become more transparent, fair, and just. He added that it would also improve the readiness of electricity consumers to pay their bills, leading to improved liquidity in the sector.
“I’m quite excited and elated with what’s happening because it’s unprecedented. This is the first time in the history of this country that a government will be importing and locally buying this number of meters to ensure that the power sector is completely transformed. This is like walking the talk. Our target reform in the sector is not just verbal. Nigerians can see that this is real; it’s not just a promise of the tongue.
“We said it is free. We are not saying this behind closed doors. We are telling Nigerians that the distribution and installation of these meters in every location is free of charge, and it is declared an offence—an illegality—for any DisCo official or installer to request money from the beneficiaries of these meters. We will track and monitor this installation. We also await tip-offs. We have the regulatory commission (NERC), which has offices in some of these locations, and the state regulatory authorities also have offices in each state.
“We are going to open a customer complaint desk whereby, if you notice any such requests for illegal money, you report it, and the authorities will follow up. We are not leaving the installation to the DisCos alone; we’re also creating an interface between the installers and consumers to accelerate the pace of installation. We have some issues with the data and addresses of unmetered customers. We are working hand-in-hand with the DisCos to ensure clean data so that we can accelerate installation.
“We also want to maintain a register whereby unmetered customers can register their names. Once we have a list, we will validate it with the DisCos, improving the pace of installation. We are looking for confirmed cases of requests for money by any DisCo official or installer. Nigerians will know what we can do, and it will serve as a deterrent for others not to commit such an offence or illegality. That’s the plan.
“Extortion is not allowed, but there must be confirmed cases of such extortion, and the officials involved—no matter how high—will be prosecuted. It will be publicised and serve as a deterrent to others with similar intentions. We will not allow that. This is a government effort, and no activity of a DisCo or installer should frustrate government efforts to ensure that life is made easy for Nigerians and that we have a stable, reliable, and functional power sector,” he said.
Adelabu added that the Tinubu administration is resolving a decades-long problem that has affected liquidity. “But the boldness, courage, and political will of the government to go ahead with this should be commended. We will track it end-to-end to ensure that the government’s effort is well implemented and our desired objectives are achieved.
“The aggregate meter gap covers all categories of customers. We are not discriminating. We are prioritising every Nigerian, every customer, every electricity user. The issue of Band A, Band B, or Band C is temporary; it is our systematic way of ensuring this reform reaches everyone. The meters will be given to all levels of customers and not restricted to a single band. I am committing to that,” he stressed.
As journalists expressed doubts over the possibility of free meter distribution to customers, the Director-General of the Bureau of Public Enterprises, Ayo Gbeleyi, stated that the bureau coordinates the implementation of the Distribution Sector Recovery Programme on behalf of the Federal Government and serves on the boards of all 11 electricity distribution companies.
Gbeleyi said, “Regarding concerns that DisCos are delaying meter installations, you will soon see a new order or circular from the Nigerian Electricity Regulatory Commission prescribing the protocols and processes DisCos must follow to ensure unhindered access for meter installations.
“We are monitoring this. We have our dashboard, trackers, and all stakeholders’ hands on deck to ensure seamless and rapid deployment of these meters. One more thing—the meters here are manufactured to the specific requirements of each DisCo. They are inscribed on the meter, with an anti-theft protocol embedded. The configuration is for a particular DisCo, so a meter configured for Eko DisCo cannot be installed in Ibadan.”
Speaking, the Chairman of Mojec, Mojisola Abdul, said the meters supplied by the Federal Government are designed to genuinely generate more revenue for the country and supply more power.
“I’m telling you, physically, we have installed almost 150,000 meters, and they are free. Don’t give anybody money. You are not allowed. We had a meeting Wednesday with the minister and the DG of BPE about further progress on making it easy for every Nigerian. We are calling it mobile registration of free meters. If you register today, your meter will be installed within three days,” she said.
On the delay in meter installations after months of application and payments made, the minister reassured, “This is our country. It is valid that there will be apprehensions and reservations because of past experiences. Previously, there was limited meter availability, and payment was required.
“But this programme has two advantages: first, the volume is now sufficient—we have received almost 1 million meters, with another 1.55 million meters coming in the second phase. Second, the meters must be installed free of charge. The complications experienced in the past will be completely eliminated. We had a meeting on Wednesday for almost two to three hours to discuss all existing complications and foreseeable difficulties, and I assure you we already have effective solutions to all these problems.”
Adelabu also visited the National Meter Test Station in Oshodi, where meters are tested by the Nigerian Electricity Management Services Agency to ensure they meet required standards. Nigeria currently has over five million customers under estimated billing.
….Gov throws jibe, describes impeachment notice as ‘love letter’
Vows to avoid actions capable of breaching peace
The office of the Rivers State Chief Judge, Justice Simeon Amadi, has received the letter from the State House of Assembly requesting him to constitute a seven-man committee to probe the allegations of gross misconduct leveled against the state Governor, Sir Siminalayi Fubara and his Deputy, Prof. Ngozi Odu.
The House of Assembly Committee Chairman on Petitions, Information and Complaints, Dr Enemi George, confirmed that the Chief Judge had acknowledged receipt of all the documents.
Also received by the CJ’s office were other documents detailing the allegations of gross misconduct against the governor and the deputy governor, copies of the Rivers State Impeachment Panel (Conduct of Investigations) Procedure 2025 and photocopies of The Nation, The Guardian and The Sun, among others.
George said: “It is important to inform the good people of Rivers State that Mr. Speaker has already complied with the Constitution and letters sent by him to the Chief Judge have been received and acknowledged.
“All relevant documents including the Notices of Allegations of Gross Misconduct were attached”.
He added: “Every step going forward, what can happen or what cannot happen is clearly stated in Section 188 of the Constitution.
“The good people of Rivers State should remain calm and should not listen to those who want to truncate our democracy.”
He commended and thanked the good people of Rivers State for their support and prayers for the 10th Assembly in particular and Rivers people at large.
The Rivers State High Court sitting in Oyigbo Local Government Area has however issued an interim injunction restraining the CJ from receiving, forwarding, considering or acting on any request, resolution, articles of impeachment or any form of communication from Speaker Martin Amaewhule and other members of the State House of Assembly for the purpose of constituting a panel to investigate the alleged misconduct against the governor and his deputy.
They just landed me a ‘love letter’, says Fubara
Governor Fubara, in a veiled reference to the impeachment notice, called it a love letter.
“This 2026 that I thought would have been the finest, they just landed me a love letter,” he said while speaking as special guest during the finals of the 2026 Port Harcourt Polo Tournament in Port Harcourt, the Rivers State capital.
He added:”That notwithstanding, we must move on and carry on the responsibilities as a government. We will continue to support everyone who means well for Rivers State.”
He vowed that he would not support, directly or indirectly, any action capable of undermining peace and safety in the state.
He insisted that the protection of lives and property remained the primary responsibility of his administration.
He emphasised that he remained the governor of the state and would continue to deliver on the promises made to the people.
Fubara expressed satisfaction that the 2026 Port Harcourt Polo Tournament was held for one week without any incident.
He described the peaceful conduct of the event as a clear indication that Rivers is safe for residents, visitors and investors.
A supporter of the governor, Amb.Chijioke Ihunwo, asked the assembly members to perform their functions independently.
He pleaded with President Tinubu to intervene on the matter, insisting that the governor had done nothing to warrant his removal.
He said: “This assembly must remain independent to allow peace to prevail in the state.
“Governor Fubara has done nothing to warrant his removal. President Tinubu should intervene in this matter as the leader of the party.”
The high powered committee set up by the Pan Niger Delta Forum (PANDEF) to reconcile the feuding sides in the Rivers imbroglio is said to be working round the clock to stop the planned impeachment.
The committee members have already met with Federal Capital Territory (FCT) Minister Nyesom Wike in Abuja and separately with Fubara and some other stakeholders.
Economic and Financial Crimes Commission (EFCC) chairman Ola Olukoyede has faulted the persecution claim by the immediate-past Attorney-General of the Federation and Minister of Justice, Mallam Abubakar Malami (SAN).
He described it as unfortunate that some Nigerians were buying into the narrative when Malami’s probe started before his appointment.
Malami is standing trial alongside some family members on 16 counts of money laundering involving about N8.7 billion.
Speaking on a national television yesterday, Olukoyede dismissed Malami’s claim of vendetta against him, saying the commission has not wavered in investigating and prosecuting those suspected to have been involved in corruption cases.
“There’s nothing like that. The particular case predated my appointment. And, I didn’t give a nod to initiate proceedings until I found that we have a water-tight investigation,” he said.
The EFCC boss denied being indicted by Justice Ayo Salami’s panel.
Olukoyede said: “I challenge those making such claims of indictment against me by Justice Ayo Salami Panel to publish the report.
“Let me tell Nigerians that the commission’s investigation panel cleared me of any wrongdoing. The presidency at the time also cleared me. Also, the law enforcement agencies handed me a clean bill.
“I can say clearly that there’s no report anywhere that I’ve been involved in any fraudulent dealings, whether as the commission’s chief of staff, secretary, and now, the chairman of the commission.”
Noting that the commission, under his watch, made notable achievements last year, he said: “Our big win in 2025 was our ability to review and revive old cases that Nigerians thought were dead.
“Some of the cases affect past governors and ministers, and many such cases are in courts.
“We were able to recover assets. Nigerians are aware of the Lokogoma assets. One major recovery was a university.”
The EFCC recovered Nok University in Kachia, Kaduna, after a court ordered its final forfeiture because it was built with stolen public funds by a former civil servant.
It was converted to the Federal University of Applied Sciences,
Immediate-Past Attorney-General of the Federation and Minister of Justice, Mallam Abubakar Malami (SAN), is facing a fresh investigation over the arms and ammunition found in his house.
Newsthumb learnt that the arms were uncovered at his Kebbi country home by the operatives of the Economic and Financial Crimes Commission (EFCC) during a search.
The anti-graft agency, it was further learnt, handed them over to the Department of State Service (DSS) for a comprehensive probe because it is not within its remit to do so.
The number of arms and ammunition could not be immediately ascertained, but it was gathered that they are high in number to attract a full DSS investigation.
Malami, who was granted bail last week along with his sons – Abdulaziz, Abiru-Rahman, and others – is still in the Kuje correctional centre, having been unable to perfect his bail conditions.
But, sources said he might be taking things slowly to stall the DSS investigation into the weapons found in his house.
“The former minister is being separately investigated for allegedly having arms in his house in Birnin Kebbi. The inventory of the shock find has been handed over to the DSS.
“It is now left to Malami to explain to the DSS how he came about the arms. That’s why he is yet to perfect his bail conditions. He is holed up in prison to avoid arrest by the DSS.
“DSS operatives are within the precincts of Kuje Correctional Service to invite Malami. He got wind of their presence and raised the alarm. But the law must take its course.”
Another source within the EFCC said Malami had yet to meet his bail conditions.
“By our records, the ex-AGF is still in custody. We saw all manners of fake clips on social media on his purported arrival and rousing reception in Kebbi State,” the source said.
The source added: “The investigation into Malami’s activities during his tenure began when former EFCC Acting Chairman Ibrahim Magu was in office.
“Investigation continued through the administration of another Acting Chairman, Ibrahim Chukkol, to the present Executive Chairman. Chukkol, who works in the agency, was in charge briefly before Olukoyede’s appointment.
“There is nothing vindictive about his investigation since 2019. It is an inherited case, and the ex-AGF knows this.”
Olukoyede confirmed that he inherited the Malami case during an interview last night on a national television.
A Federal High Court in Abuja last week ordered the interim forfeiture of 57 assets linked to Malami and his two sons.
The assets have been valued at N213, 234,120,000.
The court has, however, given Malami and the sons or any other claimant a 14-day leave to show proof that the assets were legally acquired.
Failure to present legitimate claims within 14 days may lead to the permanent loss of the assets to the Federal Government.
The court’s order was based on the invocation of the Non-Conviction Asset Forfeiture Clause in the EFCC Establishment Act.
The EFCC had applied to the Federal High Court to seize the suspicious properties in Abuja, Kano, Kaduna, and Birnin-Kebbi.
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