Supreme Court Lacks Jurisdiction On LG Polls – Prof. Agbazuere Says Ruling On 25 Rivers Lawmakers Not Properly Documented

Constitutional lawyer, Professor Anthony Agbazuere, has asserted that the Supreme Court lacks jurisdiction over local government elections in Nigeria. Speaking on Arise TV’s Newsday on Tuesday, Agbazuere stated that while the apex court made pronouncements on the Rivers State local government issue, its ruling does not confer jurisdiction over such matters.

He explained that, under Nigerian law, disputes concerning local government elections do not fall within the purview of the Supreme Court. Instead, they are initially handled by election tribunals chaired by magistrates, with the highest appeal resting with a state’s High Court.

“The Supreme Court does not have jurisdiction over local government elections. The first panel to sit on such matters is chaired by a magistrate, and the highest appellate body is the state High Court. Just as National Assembly election cases terminate at the Court of Appeal, local government election disputes do not reach the Supreme Court,” Agbazuere clarified.

He emphasized that while the Supreme Court may have commented on the conduct of local government elections in Rivers State, such remarks do not automatically translate into binding judicial pronouncements.

“The fact that the Supreme Court made observations does not mean it has the legal authority to rule on the matter. There are instances where courts make remarks that are not enforceable. That is why the certified true copy (CTC) of the judgment is essential to determine the scope of the ruling,” he added.

Agbazuere further criticized the hasty dissolution of local government councils by Governor Siminalayi Fubara, suggesting that the move was premature and potentially unlawful. He urged political actors in Rivers State to exercise restraint and respect constitutional boundaries in resolving disputes.

“The governor may have acted in haste. The Supreme Court’s ruling does not automatically validate such actions. Political actors must follow due process to avoid further legal complications,” he advised.

He also cautioned the Martin Amaewhule-led faction of the Rivers State House of Assembly, urging them to tread carefully in the ongoing political crisis in the state. Agbazuere criticized the 48-hour ultimatum given to Governor Fubara to re-present the 2025 budget, submit a list of new commissioners, and dissolve the former cabinet, describing it as legally untenable and hasty.

He emphasized that the Supreme Court’s ruling reinstating the 25 lawmakers who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) had not yet been properly documented for implementation. He revealed that the CTC of the judgment was not ready, pointing out that, by law, the Supreme Court has up to seven days to issue it.

“The certified true copy of the judgment is what everyone needs to look at, including the governor and his legal team, to determine what to implement. The law is clear—until an order of the court has been served, it cannot take effect,” Agbazuere stated.

He also warned that judicial rulings often contain elements such as obiter dictum—statements made in passing by a judge that are not enforceable decisions. He stressed that the CTC must be obtained and scrutinized to distinguish the binding aspects of the judgment from remarks that have no legal weight.

Additionally, Agbazuere accused Martin Amaewhule of perjury, referencing his sworn affidavit in a Federal High Court suit in Abuja, where he admitted to defecting from the PDP to the APC on December 13, 2023. He warned that perjury carries a 14-year prison sentence, urging lawmakers to be truthful and law-abiding.

On the freezing of Rivers State government accounts, Agbazuere lamented the potential impact on civil servants and public services. He described the action as a major shift in Nigeria’s judicial landscape, contradicting previous Supreme Court rulings that barred the withholding of state allocations.

“Freezing a state’s account means punishing its citizens. Workers will not be paid, projects will be stalled. But we must wait for the CTC to understand the full basis of the ruling,” he said.

Agbazuere called for de-escalation, urging the warring factions to prioritize the peace and development of Rivers State. He suggested that the state’s elders and President Bola Tinubu should intervene again to restore stability.

“The House of Assembly should exercise patience. If they are indeed the legally recognized lawmakers, they should work with the governor, not against him. The political tension, threats of violence, and calls for pipeline vandalism will only harm Rivers people and Nigeria at large,” he warned.

He concluded by urging all parties to respect due process, seek unity, and avoid actions that could further destabilize the state.