Dounble Blow For Fubara As Supreme Court Nullifies Rivers LG Election, Recognises Pro-Wike Lawmakers
The Supreme Court on Friday nullified the October 2024 local government election conducted by the Rivers State Independent Electoral Commission.
The court in another judgment recognise the 27 pro-Wike lawmakers and barred the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing funds to the state until the governor represents the state’s budget to the state assembly.
In the local government election case, Justice Jamilu Tukur declared the 5th of October 2024, election as invalid because the electoral commission grossly violated the Electoral Act.
Justice Tukur voided the action of the Rivers State Independent Electoral Commission for failing to substantially comply with the Electoral Act and guidelines as the electoral body continued with voter registration even after announcing an election date.
The court held that processes leading to the conduct of a local government election were abridged in clear violation of Section 150 of the Electoral Act.
Similarly, Justice Emmanuel Akomaye, leading a five-man panel of the court, unanimously dismissed the cross-appeal filed by Governor Siminalayi Fubara challenging the validity of the House of Assembly presided over by Martin Amaewhule as the Speaker.
The court barred the Central Bank of Nigeria (CBN), the Accountant General of the Federation and other agencies from releasing funds to the government of Rivers State until it purges itself of ‘flagrant disobedience to court orders”.
In dismissing Governor Fubara’s appeal, the court ordered Martin Amaewhule to resume sitting immediately with other elected members of the Rivers State House of Assembly.
The court held that it is an aberration for Governor Fubara to have purportedly presented an appropriation bill before a four-man House of Assembly thereby denying twenty-eight constituencies of effective representation in vagrant violation of a court order mandating him (Fubara) to re-present the 2024 appropriation bill before a validly constituted Assembly led by Amaewhule.
The apex court further held that the actions of Governor Fubara over the alleged defection of twenty-eight members of the Rivers Assembly is an act of brigandage and dictatorship aimed at preventing the House from performing its legitimate functions under the speakership of Amaewhule.
The court also held that the demolition of the Rivers State House of Assembly Complex by Governor Fubara is an act of indiscipline bordering on the excessive use of executive might to frustrate the sitting of the Assembly led by Amaewhule.
