The Supreme Court And An End To Rascality In Rivers State

By Annabel Ogheneganre

”The argument of the learned SAN for the Cross appellant that the 27 members have defected have no evidential basis. It is not shown or suggested that their names are now in the register or members of another political party or that they have obtained membership card of that other political party. Membership register or membership card constitute the only proof of membership of a political party. What is clear is that the 2nd cross respondent and the rest 26 members of the Rivers state House of Assembly are still valid members of the Rivers State House of Assembly and cannot be prevented from participating in the proceedings of that House by the 8th respondent in cahoot with the 4 members of the Rivers State House of Assembly. Sections 102 and 109 cannot be invoked in aid of this unconstitutional enterprise”. CTC of Supreme Court Judgment

The Supreme Court of Nigeria has finally laid to rest the leadership crisis rocking Rivers State for almost two years. In one sentence, Governor Sim Fubara has lost everything completely. Those who have been applauding his stupidity will now understand that former Governor Nyesom Wike remains the authentic political leader of Rivers state, not formers Governor Odili, Amaechi and any name one can conjure up from anywhere. Right from the onset, I made it clear in several presentations that Fubara was not wise and that he was only postponing the evil day. Even when the apex court fired the first salvo a few weeks ago, the Femi Falanas and the Ugochinyeres of this world kept urging him into the yawning dish that has finally swallowed him.

First, the Supreme Court held that the Federal High Court has the jurisdiction to order the CBN and other institutions to stop the release of funds to Rivers state government sequel to her inability to present the budget to the legitimate/properly constituted house of assembly headed by Rt Hon Martins Amaewhule. A court of appeal had also held that the Federal High Court lacked jurisdiction to entertain the suit. However, the apex court has declared unequivocally that the judgement of the court of appeal which earlier dismissed the judgement of the federal high court ordering the CBN to stop Rivers allocation was a nullity, and has been set aside by the Supreme Court. The Supreme Court went ahead to order the Central Bank of Nigeria to stop allocation to River State until an appropriation law is duly enacted by the Rt Hon Martins Amaewhule-led Assembly, not the jumbo, rickety, worthless, caricature and infantile gang led by one Left dishonourable Uche Jumbo.

ALSO READ: Delta Govt Donates Two Buses To NANS, NADESSTU

The court held that it was an aberration for Governor Fubara to have purportedly presented an appropriation bill before a four-man House of Assembly thereby denying twenty-eight constituencies of effective representation in vagrant violation of a court order mandating him (Fubara) to re-present the 2024 appropriation bill before a validly constituted Assembly led by Amaewhule. In a one hour, thirty-six-minute judgement delivered by Justice Emmanuel Akomaye, the five-man panel of the court unanimously dismissed the cross-appeal filed by Governor Siminalayi Fubara challenging the validity of the House of Assembly presided over by Martin Amaewhule as the Speaker. In dismissing Governor Fubara’s appeal, the court ordered Martin Amaewhule to resume sitting immediately with other elected members of the Rivers State House of Assembly. Therefore the Rivers State House of Assembly led by Rt. Hon. Martins Ameawhule can now commence an unhindered seating of making laws for Rivers state.

The area that I didn’t expect at all was the sack of those packs of nuisance who were selected as council chairmen in total disregard for court injunctions. The Supreme Court did not mince words in declaring the Local government election held in Rivers State as invalid and a total waste of time. I recall that Governor Bala Muhammed, who is accusing Nyesom Wike of anti-party activities, was in Rivers State for the ceremony of inaugurating the illegal council officials under a political party different from the PDP. To Bala, if Wike attend a government function under the APC-led federal government, Wike must be crucified, but he can attend inauguration of Local Government officials supposedly elected under the ill-fated Action Peoples Party.

Now, the Supreme Court has barred the Central Bank of Nigeria (CBN), the Accountant General of the Federation and other agencies from releasing funds to the government of rivers state until it purges itself of what the court describes as flagrant disobedience to court orders. Rivers state will receive no allocation and Sim Fubara can no longer spend a dime of the state internally generated revenue without a budget from the House. Before that budget would be considered at all, Fubara will face queries on why he spent billions of Rivers money without a budget. Those four members who passed the so-called budget to the applause of his ignoble praise-singers will also have questions to answer.
It is now clear without mincing words that Nyesom Wike is the indisputable leader of Rivers politics. Ayo Fayose warned Fubara ahead of his inauguration never to cross Wike’s path. But he became headstrong shortly after being sworn. Now, he will learn the true import of politics ‘’101’’ in practical terms in the weeks and months ahead. If Wike is merciful enough to spare him, he will now humble himself and tread with caution. Otherwise, he should simply get his act together and get ready to quit government house. Rivers state has fallen for the antics of the APC. The noose is getting tighter by the day. The man has committed several impeachable offences and sparing him may not be a plausible option.

President Bola Ahmed Tinubu had brokered a truce in 2023 but the bunch of praise singers around Fubara urged him to dare Wike instead of accepting Mr President’s deal. From now going forward, Wike will take his pound of flesh having been rubbished in the media by his estranged political protégé. Fubara will learn new things and those council chairmen who were dancing the music of shame in the name of rubbishing Wike will now know what real politics is.

My stand against Fubara has never changed since inception of the Rivers crisis. Considering all that Wike suffered to plant Fubara as Governor, he ought to have tread with caution. He chose to listen to the counsel of fools. Even now, some people are still giving him hope that something could still be savaged from the pending case in the High Court over the defection saga. Let me say this for free, those waiting for the sack of Rt Hon Martins Amaewhule will wait in vain.

The Certified True Copy of the Supreme Court judgment has put a final nail on the coffin of those expecting to sack the 27 lawmakers on ground of defections. The CTC is clear on this matter and no High Court can entertain a suit over a supreme court judgment.

I quote again for sake of emphasis: ‘’The argument of the learned SAN (Femi Falana and co) for the Cross appellant that the 27 members have defected have no evidential basis. It is not shown or suggested that their names are now in the register or members of another political party or that they have obtained membership card of that other political party. Membership register or membership card constitute the only proof of membership of a political party. What is clear is that the 2nd cross respondent and the rest 26 members of the Rivers state House of Assembly are still valid members of the Rivers State House of Assembly and cannot be prevented from participating in the proceedings of that House by the 8th respondent in cahoot with the 4 members of the Rivers State House of Assembly. Sections 102 and 109 cannot be invoked in aid of this unconstitutional enterprise’’.

I hear the Chief Judge of Rivers state is proceeding on a one year vacation. He better travel forever because at the end of the day, Rivers state will suffer because Fubara cannot pay salaries and execute projects without appriopriation. Fubara should either vacate government house now or strive to settle with Wike, otherwise, his days are numbered. If he is smart, he should join the APC without further delay so Tinubu could intervene to save him. Otherwise, it is time to sing the Nunc Dimitis as the ‘Mene, Mene, Terkel, Urphasin’ is the handwriting boldly written on the wall of Fubara’s office. Fubara fucked up. Now that the Supreme Court has spoken, Fubara’s choristers and choral leaders have been put to shame.

Annabel Ogheneganre wrote from Abuja.