The Certified True Copy (CTC) of the Supreme Court ruling on the ongoing political crisis in Rivers State has clarified that the 27 lawmakers accused of defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) never actually switched parties.
The revelation challenges previous claims that the legislators had lost their seats due to defection.
The Supreme Court ruling, delivered on Friday, also took a firm stance against the Rivers State government by ordering the Central Bank of Nigeria (CBN), the Accountant General of the Federation, and other relevant agencies to withhold funds from the state government. The court accused the government of “flagrant disobedience” to judicial orders and insisted that it must first comply with the law before funds could be released.
In a major political setback for Governor Siminalayi Fubara, the five-member panel of the court unanimously dismissed his cross-appeal, which had challenged the legitimacy of the House of Assembly under the leadership of Speaker Martin Amaewhule. The ruling effectively upheld the authority of the 27 lawmakers who are loyal to the former governor of the state and current Minister of the Federal Capital Territory, Nyesom Wike.
Furthermore, the Supreme Court nullified the recent local government elections conducted in Rivers State, declaring them invalid for gross violations of the Electoral Act.
The CTC of the judgment provided a detailed explanation of why the 27 lawmakers remain valid members of the Rivers State House of Assembly. According to the court, no legal process was followed to declare their seats vacant, and their alleged defection was not backed by any evidence. The document stated:
“The 8th respondent had collapsed the Rivers State House of Assembly. Therefore, no question about any member losing his seat due to defection can validly arise. There must be a functioning House of Assembly for any constitutional processes, such as declaring a seat vacant, to take place. Only the House itself can declare a seat vacant due to defection—not the Governor, and not even the Courts.”
The judgment further criticized Governor Fubara’s attempts to exclude the 27 lawmakers from Assembly proceedings, calling it an act of “chicanery.” The court stated that there was no proof that the legislators had joined another political party, such as their names appearing in an APC membership register or holding an APC membership card. It reaffirmed that only a party’s official register and membership card serve as legal proof of membership.
