Why Amaewhule And His Associates Must Go Slow

Last Friday, The Supreme Court while resolving the political crisis in Rivers ordered among other things that Governor Siminalayi Fubara should re-present the State budget to the House of Assembly led by Martins Amaewhule.

It ruled that it has has validated the status of Speaker Amaewhule and other lawmakers whose defection on the floor of the Rivers parliament has been at the centre of the political row.

It ordered the Central Bank of Nigeria as well as the Accountant General of the Federation to withhold the statutory allocation of the State and equally set aside the election conducted by the Rivers State Independent Electoral Commission.

In a statewide broadcast on Sunday, Gov Fubara affirmed his resolve to abide by the decisions of the Apex Court.

Accordingly, the Governor ordered local government council chairmen to handover to Heads of Local Government Administration in their respective areas on Monday, 3rd March, 2025.

But Fubara said he needed few days as allowed by law to obtain Certified True Copies of the judgement.

The whole idea, we think, is to enable the Government of Rivers State to study details of the ruling made by the Supreme Court. Such a comprehensive understanding of the full judgement would place it in a position to comply without any reservation with what the law’s position is.

We however do not seek to impeach the role of the Supreme Court as the highest court in the land or its place as an arbiter or peacemaker. While we commend it for its pronouncements, we are constrained to ask at least one question.

How did it validate the position of Amaewhule and others as members of the State House of Assembly when the res of the matter- the defection of the lawmakers and the provisions of section 109(1g) of the Nigerian Constitution – have not been resolved?

Is it that the apex court feigned ignorance of the matter in a lower court?

We recall that when President Donald J. Trump was on trial as a result of some of the things that he did while in office, the US Supreme Court responsibly withheld its pronouncement because a case which had a direct bearing constitutionally, and which could impact fairness had not been decided.

There may be people who argue that Nigeria and the United States do not share similar law systems. Nonetheless, the law is the law and there are basic universal principles which govern the application of law.

That decision in the US by the US Supreme Court may have been reached in order to avoid a miscarriage of justice.

While it is wise to leave the position taken by the Supreme Court to the discourse of history and the judgement of those who parade as Ministers in the Temple of Justice, it is our position that a gross miscarriage of justice has taken place in respect of what has befallen Rivers people.

Having said that, the implication of the law is that Rivers State will operate for now without funds from the centre. Development activities would be stalled while workers and their families are to go hungry if the situation persists.

What have Rivers people done to warrant this kind of punishment? Can a man who was in court challenging the outcome of a matter in a lower court be thrashed for trying? What then is the reason for the existence of the principle in law which allows appeals?

Now that Governor Fubara has assured the Rivers people that he would comply with the orders of the Supreme Court, Rivers people are concerned that Amaewhule and his colleagues have issued a 48-hour ultimatum. That ultimatum seeks to compel Fubara to table the State budget before them.

In line with parliamentary practices, the legislature usually awaits a communication from the executive in matters relating to executive bills, including of course the Bill of Appropriation. This process should never be swept under the carpet for any reason.

It is our stand that the Judiciary has interpreted aspects of the law which ought to be obeyed by all. The resolution of the River State Government to comply with the orders of the superior court is proof of this fact.

By the judgement of the Supreme Court, Amaewhule and others are valid members of the Rivers State House of Assembly.
By virtue of the same ruling, fresh local government elections would be conducted in Rivers State while the assembly resumes its work.

There are indications that Fubara has acknowledged that the Rivers State Independent Electoral Commission, RSIEC, would go ahead with the task of planning another local government election without fail.

What is left is for the arms of government involved in a needless struggle to respect time-bound principles and courtesies which govern the relationships of all arms of government.

Those who think that the judgement of the Supreme Court was intended to create chaos must think again. It was intended to lay the foundation for peace and progress in Rivers State.

It is important to note that Rivers people do not want their land to be converted to a theatre of war. They want peace to reign and want a system which guarantees basic civil rights.

Accordingly, we urge all the parties concerned to seize fire and allow sanity to prevail in the interest of the State.

As Rivers people, our expectation is that all the doors must be open to conversations that are likely to engender cooperation, collaboration and understanding.