Rivers State House Of Assembly Speakership Crisis: Appeal Court Affirms Amaewhule as Legitimate Speaker

In a landmark ruling, the Court of Appeal, Abuja division, on Thursday affirmed Martin Amaewhule as the legitimate Speaker of the Rivers State House of Assembly. The judgment came after a three-member panel dismissed an appeal filed by Rivers State Governor, Siminalayi Fubara, questioning Amaewhule’s authority as Speaker.

Governor Siminalayi Fubara’s appeal was deemed lacking in merit, as the appellate court upheld the decision of the Federal High Court, delivered by Justice James Omotosho on January 22. The High Court’s ruling had previously nullified the 2024 Rivers State budget, citing it as invalid because it was presented to only four out of 31 of Rivers State Assembly members, in violation of the law. The Court of Appeal underscored the need for adherence to constitutional processes, reproaching the governor for disregarding the rule of law.

2024 Rivers State Budget Declared Invalid

One of the most consequential aspects of the ruling was the court’s nullification of the 2024 Rivers State budget. The budget, valued at N800 billion, was deemed unconstitutional due to Governor Siminalayi Fubara’s decision to present it before only a fraction of the Rivers State Assembly. The court held that this act constituted a gross violation of the 1999 Constitution, which mandates that such financial documents must be presented to the full Assembly.

The appellate court, led by Justice Joseph Oyewole, emphasized that the governor’s actions represented a failure to adhere to constitutional governance, particularly in the context of budget presentation. This verdict reinstates the principle that in a democracy, proper legislative processes must be observed to maintain the separation of powers. Governor Siminalayi Fubara has now been ordered to re-present the budget to the Rivers State Assembly under the recognized leadership of Amaewhule.

Legal Repercussions for Governor Siminalayi Fubara’s Appeal

The ruling also carried significant legal implications for Governor Siminalayi Fubara. The court found that his decision to withdraw a counter-affidavit, which was initially filed to challenge Amaewhule’s legitimacy as Speaker, undermined his case. Justice Oyewole described Siminalayi Fubara’s actions as inconsistent, stating that by withdrawing his legal challenge, the governor had effectively conceded the claims made against him.

Furthermore, Justice Oyewole admonished Governor Siminalayi Fubara for “approbating and reprobating”—attempting to challenge the same judgment after having accepted it at the lower court. The court ruled that this kind of inconsistency has no legal basis and dismissed the governor’s appeal as a “self-inflicted mistake.” The governor’s failure to maintain a consistent legal strategy significantly weakened his standing in the case.

Governor Siminalayi Fubara Criticized for Executive Overreach

In a strongly worded decision, the court also criticized Governor Siminalayi Fubara for what it described as “executive lawlessness.” Justice Okon Abang, one of the panel members, noted that the governor had used his executive power to obstruct Amaewhule from performing his duties as Speaker. Justice Abang further condemned the governor’s actions as an abuse of power, which goes against democratic principles.

The court reiterated that in a constitutional democracy, the rule of law must prevail over the rule of might. The panel expressed concern that the governor’s conduct undermined democratic processes and institutions, warning that such acts of executive overreach were unacceptable. Justice Abang also admonished the governor for defying court orders, adding that any Assembly gatherings led by individuals other than Amaewhule would be in direct violation of the court’s ruling.

, This ruling not only reaffirms Amaewhule as the rightful Speaker but also sends a clear message regarding the importance of constitutional adherence in the governance of Rivers State.