As Nigeria’s Supreme Court reserved judgment in four appeals on the political crisis rocking Rivers State, stakeholders are looking forward to a judgment that will bring the lingering dispute to an end, or possibly open a new vista. SUNDAY EJIKE reports
The Supreme Court on February 10, 2025 reserved judgments in four separate appeals arising from the raging law fare for political ascendancy between Rivers State governor Siminalayi Fubara and his immediate predecessor and estranged godfather, Minister of the Federal Capital Territory {FCT}, Nyesom Wike, supported by majority of the state House of Assembly
The apex court reserved judgments in the appeals till a date to be communicated to parties after talking submissions from lawyers involved in the four appeals.
Justice Musa Uwani Aba-Aji who led the five-member panel of the court that heard the appeals announced that parties in the matter would be communicated once the judgments are ready.
The four appeals are marked SC/CV/1174/2024 between Rivers State House of Assembly and others against the Rivers State Government and nine others; SC/CV/1175/2024, between Rivers State House of Assembly and others against the Rivers State Governor and nine others; SC/CV/1176/2024, between Rivers State House of Assembly and others against Rivers State Independent Electoral Commission, (RSIEC), and nine others; and SC/CV/1177/2024, between Rivers State House of Assembly and others against the Accountant General of Rivers State and nine others.
They are in respect of some judgments delivered by the Federal High Court in Abuja which prohibited the release of federal monthly allocations from the consolidated funds to the Rivers State Government and another ruling, that barred the Independent National Electoral Commission (INEC) from releasing voter register to the state government for the purpose conducting local government election among others.
Harvest of overturned rulings
It would be recalled that Justice Joyce Abdulmalik of the Federal High Court sitting in Abuja had ordered the stoppage of allocations from the federation account to Rivers State until the governor presented the state budget before the Martin Amaewhule-led faction of the House of Assembly.
In the judgement delivered on October 30, 2024, the trial judge restrained the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing funds to the Rivers State Government due to alleged constitutional breach. According to the judge, the budget being operated by the state then, was not passed by a lawful arm of the Rivers State House of Assembly, saying the government should be prevented from alleged further violation of the laws.
Dissatisfied with the judgement, Rivers State Government and Governor Fubara, approached the Court of Appeal to vacate the judgement of Justice Abdulmalik.
The appellants also sought a stay of execution of the trial court’s judgement, arguing that the judgement would have adverse effect on the economy and people of Rivers State.
Issues canvased at the appellate court included the claim that the trial court lacked jurisdiction to entertain the suit brought by the plaintiffs and that the subject matter was not within the powers of the trial court to adjudicate upon.
Agreeing with the governor and his government, a three-member panel of the Court of Appeal, Abuja Division upturned the the judgment of Justice Abdulmalik on the grounds of grave injustice in the findings and decisions.
The appellate court held that the trial court in the first instance lacked the necessary jurisdiction to entertain the suit asking it to withhold funds accruing to the state on the ground that the 2024 appropriation was yet presented before the Rivers State House of Assembly.
The Justice Hamman Barka-led panel agreed with the appellants that the Federal High Court lacked the jurisdiction to entertain the suit seeking to seize Rivers State’s allocation.
According to the judgement, the mere listing of federal agencies does not confer unrestricted jurisdiction on the Federal High Court and held that the subject matter which centers on the appropriation of a state ought not to have been entertained by the trial court.
The appellate court having held that the case of the appellants had merit, subsequently allowed the appeal and set aside all the orders made by Justice Abdulmalik, insisting they were unconstitutional, null and void having being made without jurisdiction.
The higher court further knocked the court below for over reaching itself and appropriating the jurisdiction it didn’t have, to entertain the matter.
Similarly, the Abuja division of the Court of Appeal, overturned the September 30, 2024 judgment of Justice Peter Lifu also of the Federal High Court, Abuja, which ruled against the conduct of the October 5, 2024, local government council election in Rivers state on the ground that due process of Rivers State Laws on local government elections, was not followed.
The appellate court overturned the trial court’s ruling which barred INEC from releasing the voter register to the Rivers State Independent Electoral Commission (RSIEC) for the conduct of the poll.
Justice Lifu had also restrained the Nigeria Police Force (NPF) and other security agencies from providing security during the poll.
However, in the lead judgment delivered by Justice Onyekachi Otisi, the higher court nullified the high court’s decision on the ground that the latter lacked the jurisdiction to entertain the matter, adding that the case should not have been brought before the lower court in the first place.
“The court cannot adjudicate over issues relating to local government elections,” Justice Otisi stated and consequently set aside the Federal High Court’s judgment, clearing the way for the Rivers State local government council election, which was held on October 5.
Temporary relief?
The disputed poll eventually held on the said date, but marred by violence leading to the burning of three local government secretariats.
Reacting to the appellate court judgment, the Rivers State Commissioner for Information and Communication, Joseph Johnson, said it was received with jubilation and that it vindicated Governor Fubara, who insisted on going on with the local government poll.
Johnson said: “It has been a happy mood in Rivers State because we expected it. We knew that the Court of Appeal would do justice to that setback that the Federal High Court tried to manipulate. I’m happy that it has confirmed that the governor made the right decisions. This is just a pointer to the many more wins that will come and I believe God that in the affairs of Rivers State, all the matters that are before the jurists will get reasonable judgment, and it will be favourable to all Rivers people.”
On the implication of the appellate court verdict, he said, “Just as the governor said during the Thanksgiving we held on October 30th, there is nothing to worry. He (Fubara) told the local government people and the contractors to continue to execute their projects and do their legitimate duties. So, it is reassuring that the Court of Appeal has in its wisdom now given a sound judgment and that judgment, I want to believe, will be an opener to all the other cases that are hanging. So there is no cause for alarm. We are standing on the side of the law. Once you are on the side of the law and the side of God, Aluta continua and victory is certain.”
On his part, chairman of the Rivers State Association of Local Government of Nigeria, Ezebunwo Ichemati said the appeal court had reaffirmed the body’s belief in the justice system.
Itchemati said, “It is clear that the conduct of the Rivers State local government election was guided by the Rivers State Independent Electoral Commission law and these laws dictate the procedures and requirements for the commission to carry out its mandate effectively.
“I believe that RSIEC complied with these laws and did not err in its duties. However, the crux of the matter has always been that Justice Lifu lacked the jurisdiction to adjudicate on that matter, as only the state high court has the authority to preside over issues concerning the state electoral commission’s operations and decisions.
“Sadly, the Tony Okocha-led APC, in their quest to halt the electoral process, approached the court under the guise of challenging the commission’s legitimacy in conducting the elections.”
Also, the APC faction loyal to ex-governor Rotimi Amaechi also welcomed the appellate court’s verdict.
In a statement by its spokesman, Darlington Nwauju, the group said: “We welcome the judgment of the three-man panel led by Justice Onyekachi Otisi completely setting aside the strange judgment of Justice Lifu of the Federal High Court, Abuja, whose strange judgment would have clearly impaired the already-conducted council polls in Kwara, Anambra, Imo, Akwa Ibom, Delta, Abia, Cross Rivers, Kano and other states of the federation who relied on their enabling SIEC laws in the conduct of those elections.
“The Rivers APC hails this judgment, which has clearly corrected the misrepresentation of the Constitution by Justice Peter Lifu’s judgment, which sought to impose INEC laws over state electoral bodies without any form of constitutional amendment.”
Ali’s move
At the proceedings of the apex court where all appeals were adjourned for judgement, lead counsel Governor Fubara, Mr. Yusuf Ali, SAN surprisingly withdrew one of the pending appeals with no; SC/CV/1071/2024, challenging the judgement of the Court of Appeal which declared the state’s 2024 budget illegal.
Ali based the withdrawal on the issues in the appeal being overtaken by events.
Chief Wole Olanipekun, SAN who represented the Rivers State House of Assembly and its Speaker, Martins Amaewhule; the 1st and 2nd respondents in the appeal, did not oppose the application for withdrawal but asked for a cost of N2 million and prayed the court to dismiss the appeal instead of striking it out.
Counsel to the 3rd to 12th respondents in the appeal, Joseph Daudu, SAN also did not oppose the withdrawal. He also asked for a N2 million cost since issues had been joined by parties.
The apex court panel dismissed the appeal and awarded a cost of N2 million to 1st to 12th respondents, to be paid by Fubara.
It would be recalled that the Court of Appeal had affirmed the January 22 judgment of the Federal High Court Abuja which nullified the passage of the Rivers State’s N800 billion 2024 budget by four members of the State House of Assembly.
A three-member panel unanimously held that the appeal filed by Fubara against the lower court judgement lacked merit and was accordingly dismissed.
The Governor, in the 13-ground appeal sought for the removal of 27 members of the Assembly on the account of their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The intermediate court held that Fubara had no basis bringing the appeal having withdrawn his opposition to the case of the pro-Wike lawmakers at the Federal High Court adding that having withdrawn from the case, the state helmsman cannot claim to be aggrieved with the judgment of the lower court.
Consequently, the court barred Fubara from intervening with affairs of the House of Assembly which has Amaewhule as Speaker, withholding the House of Assembly’s fund and removing the Clerk and Deputy Clerk from the House.
The appellate court also ordered the Rivers state governor to re-present the budget of the state to the House of Assembly under the recognized Speaker as contained in the judgment of Justice James Omotosho of the Federal High Court, Abuja
Justice Oyewole said Fubara’s withdrawal of the processes he filed in the suit at the trial court cannot be redeemed by any known advocacy and held that his appeal had no value, noting “The challenges faced by the appellant in this case are self-made. The orders made by the lower court are predicted on the facts presented before it, which were not countered by the Appellant. The legislature represents the fulcrum of democracy and must be jealousy protected. In totality, this appeal lacks merit and is accordingly dismissed. The judgement of the Federal High Court in Abuja is hereby upheld.”
As Nigerians and the rest of the world wait on the apex court, the two foundational issues are whether the defecting lawmakers can keep their seats and if the local government election was lawfully conducted. Other cases like the passage of budget and seizure of funds accruable to the council areas are ancillary appeals, flowing out of the foundational cases.
As it is now, all eyes are literally on the Supreme Court on the future of Rivers.
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