Supreme Court Verdict And Fubara's Fate

Published

Monday, March 3, 2025 at 11:41 AM

Written by The Editorial Board

Supreme Court Verdict And Fubara's Fate

The Supreme Court last Friday placed the governor of Rivers State, Sir Siminalayi Fubara, in a tight situation following its landmark judgement in the four consolidated cases that were brought before it. The verdict of the court literally stripped Fubara naked of his political armour and opened him up for his foes to devour. Neither he nor his men saw it coming. They never believed that the judgement would not be in their favour.


The four consolidated cases were SC/CV/1174/2024, between Rivers State House of Assembly and others against the Rivers State Government and nine others, and SC/CV/1175/2024, between Rivers State House of Assembly and others against the Rivers State Governor and nine others.


Others were SC/CV/1176/2024, between Rivers State House of Assembly and others against Rivers State Independent Electoral Commission (RSIEC), and nine others; SC/CV/1177/2024, between Rivers State House of Assembly and others against the Accountant General of Rivers State and nine others.


In deciding the four cases, the five-member panel of Justices in a unanimous decision delivered by Justice Emmanuel Akomaye Agim, declared that no funds should be disbursed to the Rivers State Government until a lawful Appropriation Act is enacted in the state. The court reaffirmed that the presentation of the 2024 budget before four out of the 31 members of the House of Assembly was unconstitutional and, therefore, void.


The apex court also ordered the Central Bank of Nigeria (CBN) and the Accountant-General of the Federation not to release funds to the state government until the Rivers House of Assembly is properly constituted in line with the 1999 Constitution. It also affirmed the Martins Amaewhule-led Rivers House of Assembly members as valid lawmakers.


To complete the dismantling of Fubara's structure, the court equally declared the Rivers State Local Government elections held on October 5, 2024, invalid for grossly violating the Electoral Act. It said the state independent electoral commission continued voter registration even after announcing an election date.


Following the judgement, Fubara's fate now hangs in the balance. He is now at the mercy of the Martins Amaewhule-led Rivers State House of Assembly. He will be facing impeachment should he refuse to re-present the 2024 budget before them. He will also be faced with the serious consequences of having meagre funds to pursue the developmental needs of the state. Only the state's internally generated revenue will be available for him to spend.


Certainly, it is not the best of times for him as he will be having sleepless nights. But like he said in a state-wide broadcast on Sunday evening, the certified true copies of the judgement will provide a leeway for his next action. He will have to think fast on the best way to navigate this precarious situation that he has found himself.


It is however gratifying to hear him say during the broadcast that "while we are not above mistakes because we are humans, we believe that we have not, as a government, done anything deliberately to trample on the rule of law or the hallowed principles of constitutional governance. I assure you that upon the receipt of the certified copies of the judgements, we shall study their ramifications and implement them without reservations to move the state forward."


It was also pleasant to hear Fubara directing the Heads of Local Government Administration to immediately take over the administration of the 23 local government councils pending the conduct of fresh elections by the Rivers State Independent Electoral Commission.


By his remarks and knowing his peaceful disposition, Fubara may eat the humble pie and re-present the 2024 budget. It is going to diminish his status coming before those he has been in running battle with. But it will be the wisest thing to do to avoid the trap of impeachment that has been set for him. One thing is for sure; the political feud is not over. The pending case of defection by Amaewhule and his colleagues may bring the entire political saga to a close when finally adjudicated and dispensed.

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