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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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Breaking : 176 Woro Abductees, 132 Others Freed in Major Multi-State Rescue Operation

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A total of 308 kidnapped victims, including 176 residents of Woro community in Kwara State and 132 others abducted in Niger and Kebbi states, have been rescued in a coordinated multi-state security operation.

The successful operation, carried out by security agencies, marks a significant breakthrough in ongoing efforts to combat kidnapping and restore peace across the affected communities. Authorities said the rescued victims have been reunited with their families, while efforts are underway to apprehend the perpetrators and dismantle the criminal networks responsible for the abductions.

The rescue underscores the commitment of security agencies to strengthening intelligence-driven operations and ensuring the safety of lives and property across the country. Further details on the operation and ongoing investigations are expected from the relevant authorities.

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Dangote Reduces Petrol Price to ₦1,165, Diesel Drops to ₦1,570

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The Dangote Petroleum Refinery says it has reduced the ex-depot prices of Premium Motor Spirit (petrol) and Automotive Gas Oil (diesel) as part of efforts to make petroleum products more affordable.

Under the new pricing structure, the refinery reduced the price of petrol from N1,215 per litre to N1,165, representing a N50 reduction, while diesel was cut from N1,650 per litre to N1,570, amounting to an N80 reduction.

In a statement signed by the Dangote Group on Wednesday, the refinery said the price review was aimed at enhancing energy affordability, improving access to refined petroleum products and supporting economic activities across Nigeria.

According to the refinery, the move reflects its commitment to providing “affordable, high-quality petroleum products to the Nigerian market.”

It added that it remained committed to ensuring stable supply while leveraging operational efficiencies to deliver value to consumers, businesses, and stakeholders.

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The company said it would continue to pass on the benefits of improved operational efficiencies to consumers whenever market conditions permit.

It stated that the refinery continues to play a pivotal role in strengthening Nigeria’s energy security, reducing reliance on imports, and supporting the nation’s economic development through the supply of world-class petroleum products.

“Dangote Petroleum Refinery has announced a reduction in the ex-depot prices of Premium Motor Spirit (PMS) and Automotive Gas Oil (Diesel), reaffirming its commitment to providing affordable, high-quality petroleum products to the Nigerian market.

“Under the new pricing structure, the refinery has reduced the ex-depot price of PMS to N1,165 per litre, down from N1,215 per litre, representing a reduction of N50 per litre. Similarly, the ex-depot price of Diesel has been reduced to N1,570 per litre from N1,650 per litre, amounting to a decrease of N80 per litre.

“The price review reflects Dangote Refinery’s ongoing efforts to enhance energy affordability, improve access to refined petroleum products, and support economic activities across Nigeria,” the statement read partly.

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National Policing Bill Set for Seven-Week Implementation Plan, Says Gbajabiamila

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•Working group opens portal for public input • ‘It is Tinubu’s most consequential reforms’

The process leading to the creation of state police has been fast-tracked.

A seven-week roadmap for the National Policing Bill commenced on July 27 and is expected to be completed on September 14.

Chairman of the Presidential Working Group on the National Policing Bill, Mr Femi Gbajabiamila, unveiled the action plan yesterday after the group’s meeting.

He said the seven-week work programme would proceed through simultaneous legal drafting, policy research, data analysis and implementation modelling.

Gbajabiamila added that the final submission would include schedules, an explanatory memorandum, a legal audit, a consequential amendments matrix, clause-by-clause analysis, a state readiness framework, fiscal and implementation notes, a validation report, a risk register and a digital archive.

The Chief of Staff reiterated the Federal Government’s commitment to decentralised policing that would not undermine national unity or the rule of law.

He said: “State police cannot mean 36 state militias,” adding that while states must have a legitimate role in public safety, “no political office holder should be able to direct the arrest of an opponent, the suppression of lawful political activity, or the selective enforcement of the law.”

Gbajabiamila explained that federal intervention would remain “exceptional, evidence-based, proportionate, time-limited and reviewable”, while officers would remain accountable to the Constitution rather than political interests.

He said no state would be permitted to commence policing operations until it demonstrated readiness in recruitment, training, equipment, pensions, complaints handling, financial sustainability, firearms control and independent oversight.

Gbajabiamila added: “Operational commencement must be based on readiness, not announcement. Although states could exceed national benchmarks, no Nigerian should receive a lower standard of protection because of where they reside.”

To encourage public participation, the Chief of Staff called for memoranda and position papers from Nigerians, civil society organisations, professional bodies, security institutions and other stakeholders.

He said a dedicated portal, nationalpolicingbill.com, had gone live to receive submissions, with plans to migrate it to a government domain.

On the financial implications of the reform, Gbajabiamila said it was premature to estimate the cost, noting that expenditure would be determined through empirical research conducted on a state-by-state basis.

He dismissed fears that some states might lack the capacity to establish police services.

However, Gbajabiamila explained that where a state is genuinely unable to meet the prescribed standards, the Nigeria Police Force would continue to provide policing services until the state becomes operational.

Gbajabiamila said the committee is expected to submit an Executive Bill to President Bola Ahmed Tinubu on September 3.

He said the package would go beyond draft legislation, adding that it would also provide the implementation blueprint required to operationalise a dual federal-state policing architecture once the constitutional amendment creating state police comes into force.

Hailing the initiative, Ogun State Governor Dapo Abiodun described the National Policing Bill as one of President Tinubu’s most consequential reforms.

Also assuring Nigerians of the prospects of the initiative, the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), said the enforcement of national standards would prevent abuse of state police and protect citizens.

Explaining further, Gbajabiamila said that following the completion of the draft, nationwide consultations would be held before the President grants final approval, after which the executive bill would be transmitted to the National Assembly.

He said: “The resulting draft executive bill package is scheduled for presentation to the President on the 3rd of September.

“We have tweaked the process so that the national consultation will come before the President’s final approval, after which the text and supporting materials will be revised and prepared for formal transmission to the National Assembly.”

He stressed that despite the progress made by the National Assembly, no state police service currently exists in Nigeria because the constitutional amendment has not yet secured the approval of the required number of state Houses of Assembly.

He said that while the constitutional amendment would create the legal authority for state policing, it would not by itself resolve critical operational issues such as recruitment, training, funding, command structures, jurisdiction, pensions, firearms regulation, data management, complaints mechanisms and inter-agency cooperation.

Gbajabiamila explained that those issues would be addressed in the National Policing Bill and other consequential legislation being prepared by the working group.

Gbajabiamila said the assignment also includes a review of the Police Act 2020, the Police Service Commission framework, police regulations and other laws affected by the reform, alongside provisions for minimum national policing standards, state certification, interstate cooperation, independent complaints institutions, human rights safeguards, forensic systems, funding arrangements and transition plans.

He said President Tinubu had approved a multidisciplinary Policy Advisory Committee, chaired by Justice Mohammed Abdullahi Liman, to provide technical oversight and validate the bill, fiscal framework and implementation materials before executive consideration.

He said the committee would draw its membership from the judiciary, academia, security agencies, the National Assembly, the Office of the National Security Adviser, the Nigeria Police Force, the Nigerian Bar Association, the Nigeria Governors’ Forum and state Attorneys-General representing the six geopolitical zones. NigerianBusiness Coverage

Abiodun described the National Policing Bill as one of the most consequential reforms of the Tinubu administration, saying the legislation would provide the legal and operational framework needed to translate the constitutional amendment into a workable policing system.

Abiodun, who represents the Nigeria Governors’ Forum (NGF) on the Presidential Working Group on the National Policing Bill, told reporters that the bill would address critical issues, including the jurisdiction of federal and state police, funding arrangements, recruitment, start-up grants for states and amendments to existing laws affected by the reform.

He noted that many Nigerians had assumed that states would immediately establish police services once the National Assembly approved the constitutional amendment, explaining that the current assignment of the working group is to produce the detailed implementation framework that would make the reform operational. NigerianBusiness Coverage

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Abiodun said: “What we’ve seen and witnessed is the amendment of the Constitution, and we’ve seen a groundswell of support by the entirety of Nigerians with a very high level of expectation that once the amendment was completed by the National Assembly, the next thing is for states to begin to implement their various state policing systems.

“The truth is that what this working group is working on is what would allow for the details of that implementation, which will be reflected in the bill.”

Abiodun dismissed insinuations that the Federal Government was attempting to retain control over state policing through the proposed legislation, insisting that the bill was intended only to translate the constitutional amendment into an effective and workable legal framework.

He said: “Someone has to be responsible for ensuring that the amendment now reflects in a bill that can be operated, and that’s what we’re working on.”

The governor explained that the legislation would also make consequential amendments to other existing laws, including the Firearms Act, while clearly defining the responsibilities of both federal and state police services.

He urged Nigerians to actively participate in shaping the proposed legislation through the newly launched public engagement portal, nationalpolicingbill.com, describing it as an interactive platform designed to give citizens a sense of ownership of the reform. NigerianBusiness Coverage

Fagbemi said the primary objective of the proposed legislation was to strengthen the protection of lives and property while ensuring that state police never become instruments of political persecution.

He explained that where any state is not yet prepared to establish its own police service, the Nigeria Police Force would continue to provide policing until such capacity is developed.

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Fagbemi said: “Law abhors a vacuum, so the federal presence will continue to dominate in that area.”

The minister defended the proposed minimum national policing standards, saying they were essential to guarantee equal protection for Nigerians irrespective of where they reside. NigerianBusiness Coverage

He said: “The main thrust of this bill is to ensure security of lives and property, and it is also important that we do not make state policing a weapon of political persecution or oppression.

“There must be standards. There must be the minimum threshold to guarantee the continued existence and operation of society.”

The minister said the standards would be aligned with globally recognised policing practices, assuring that officers moving between the federal and state police services would not lose their benefits.

Other members of the Presidential Working Group at the briefing included the Inspector-General of Police, Tunji Disu; NBA President Afam Osigwe (SAN); Chairman of the Policy Advisory Committee, Justice Abdullahi Liman; and Senior Special Assistant to the President on Planning and Research, Nnadubem Moghalu.

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