Falana Insists Rivers State Assembly Has Only Three Members, Dismisses Supreme Court Ruling on Speaker Legitimacy

Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has clarified that the Supreme Court’s recent dismissal of an appeal filed by Rivers State Governor Siminalayi Fubara did not determine the legitimacy of the Speaker of the Rivers State House of Assembly. According to Falana, the appeal was dismissed solely because it had become an academic exercise after the state government had fully expended the 2024 budget.

Governor Fubara had challenged the validity of the budget, which was passed by the House of Assembly. However, his legal team, led by Yusuf Ali, SAN, withdrew the appeal, arguing that the matter was no longer relevant since the funds had already been used and the state had moved on to the 2025 budget. Consequently, the Supreme Court dismissed the case and awarded a cost of N2 million against the governor.

Falana, speaking on Channels Television’s Politics Today, stressed that the court’s decision was procedural and not a judgment on the merits of the case. “The Supreme Court did not determine who is the Speaker or who is not the Speaker. The case before the lower courts was about the 2024 budget, which has already been expended. The governor’s position was clear: ‘We have spent the money, and we are now dealing with the 2025 budget.’ So, there was no need for further litigation,” he explained.

27 Defected Lawmakers Lost Their Seats, Leaving Only Three Members

Addressing the crisis in the Rivers State House of Assembly, Falana asserted that only three lawmakers are currently legitimate members of the House, following the defection of 27 lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). According to him, these members automatically lost their seats, as stipulated by a previous Supreme Court ruling in A.G. Abia State vs. A.G. Federation, which states that lawmakers who defect without a justifiable cause forfeit their legislative positions.

“The law is clear: once you defect and your party has not broken down at the national level, you lose your seat automatically,” Falana stated. He dismissed claims that the defected lawmakers still had a legal basis to function, warning that they could not continue parading themselves as legislators.

He added that a legal case filed by the defected lawmakers, challenging the declaration of their seats as vacant, is set for hearing on Monday, February 17, 2025. Falana expressed confidence that the court would uphold the law and affirm their removal from the House.

Three-Member Assembly Can Function, Except for Impeachment says Falana

Falana further asserted that despite the significant reduction in the number of lawmakers, the remaining three members of the Assembly could still perform legislative functions, except in matters relating to impeachment. He explained that quorum requirements are based on the number of legitimate members, and since the defected lawmakers no longer hold valid seats, the Assembly can function with the three members left.

“If there are only three legitimate members, the governor can present the budget before them. The quorum you are referring to applied when there were 32 members. Today, the House consists of just three members, and they can carry out legitimate functions,” Falana noted.

Citing precedents, he recalled instances where state assemblies operated with a small number of lawmakers. “In 2016, a governor presented a budget before just seven lawmakers. Similarly, the Supreme Court once ruled in Plateau State that vacancies in the House must be filled before any impeachment process can take place,” he said.

Political Crisis and Legislative Challenges in Rivers State

The Rivers State Assembly crisis erupted in 2023 when over 25 lawmakers loyal to former Governor Nyesom Wike defected from the PDP to the APC, triggering a power struggle within the House. The leadership of the House remains contested, with two factions: one led by Martin Amaewhule, aligned with Wike, and another led by Victor Oko-Jumbo, loyal to Governor Fubara.

Fubara has since aligned himself with the Oko-Jumbo faction, conducting state business exclusively with them while disregarding the Amaewhule-led faction. The governor’s refusal to recognize the defected lawmakers has fueled the controversy over the legitimacy of the House’s leadership and the number of its valid members.

Political analysts warn that the crisis could have long-term consequences on governance in Rivers State, with concerns about legislative efficiency, budget approvals, and executive-legislative relations. The legal battles surrounding the Assembly’s composition and leadership remain ongoing, and the final judicial pronouncement will likely shape the future political landscape of the state.

Awaiting Judicial Resolution on Rivers Assembly Crisis

Falana’s remarks underscore the legal and political uncertainty surrounding the Rivers State House of Assembly. While the Supreme Court ruling dismissed Fubara’s appeal on technical grounds, the question of who is the legitimate Speaker remains unresolved. The pending court case on the validity of the defected lawmakers’ seats will be a crucial determinant in shaping the Assembly’s future.

As the situation unfolds, stakeholders within Rivers State’s political sphere continue to monitor developments closely. Whether through judicial intervention or political negotiation, a resolution is necessary to restore stability and ensure that legislative activities in the state continue unhindered.