The Supreme Court of Nigeria has directed Rivers State Governor, Siminalayi Fubara, to pay N5 million in legal costs to 27 members of the Rivers State House of Assembly aligned with the Minister of the Federal Capital Territory, Nyesom Wike.  

The ruling was delivered by Justice Emmanuel Akomaye Agim in an appeal filed by the lawmakers, led by Speaker Martin Amaewhule, challenging a Court of Appeal judgment. The Rivers State House of Assembly and Amaewhule were listed as applicants in the case.  

Respondents in the appeal included the Rivers State government, the Rivers State Independent Electoral Commission, its chairman Justice Adolphus Enebeli (Rtd), the Central Bank of Nigeria, Zenith Bank Plc, Access Bank Plc, the Accountant General of the Federation, Governor Fubara, the Accountant General of Rivers State, and the Chief Judge of Rivers State, Justice S. C. Amadi. Governor Fubara was listed as the 8th respondent, while the Rivers State government was the 1st respondent.  

The Supreme Court upheld the concurrent findings of the Federal High Court and the Court of Appeal, ruling that Governor Fubara engaged in unlawful and unconstitutional actions aimed at undermining the State Assembly, violating the Nigerian Constitution, and thwarting alleged impeachment efforts by opposition lawmakers.

Justice Agim stated, “The concurrent findings of facts in the Court of Appeal Judgment in Appeal No. CA/ABJ/CV/133/20249 (exhibit RSHA 5) indicate that some months after the 8th respondent was elected and sworn in as Governor of Rivers State in 2023, he began to fear that, instigated by his political opponents, members of the Rivers State House of Assembly were planning or initiating proceedings to impeach and remove him from office as Governor of the State.

“That to pre-empt his said impeachment, 8th respondent took several steps such as attempting to get the National Assembly to take over the exercise of the legislative powers of Rivers State from the Rivers State House of Assembly, preventing the Rivers State House of Assembly from sitting with its complete members or constitutionally prescribed quorum of one-third of the 32 members and arranged for initially 4 members and subsequently 3 members to be sitting as Rivers State House of Assembly outside the  Legislative building of the Rivers State House of Assembly, withholding Rivers State House of Assembly funds, removing the Clerk and Deputy Clerk of the Rivers State House of Assembly, using caterpillars, bulldozers and other earth moving vehicles and equipment to pull down, dismantle and destroy the legislative building of the Rivers State House of Assembly."

The apex court also knocked Fubara for preventing the lawmakers and other staff of the Rivers State House of Assembly “from having access to the House of Assembly Complex to do official work and engaging in all these actions in disobedience of interim restraining orders of Courts that were obtained by the said 27 members of the Rivers State House of Assembly in suits to restrain these actions”.

It said, “These series of actions by the 8th respondent caused the Rivers State House of Assembly to commence Suit No. FHC/ABJ/CS/1613/2023 against the National Assembly, the 8th respondent, the Accountant General of the Federation, the Inspector General of Police and others.

“The concurrent finding of fact by the Court of Appeal in its Judgment in Appeal No. CA/ABJ/CV/133/2024 is that the 8th respondent admitted engaging in all these activities.

“What is clear from the above concurrent findings is that the 8th respondent started the prevention of the sittings of the Rivers State House of Assembly constituted by the number of members as prescribed by S.96 of the 1999 Constitution long before the issue of the remaining 27 members defecting to another political party arose.”