ABUJA, Nigeria — The political crisis in Rivers State has intensified after the Court of Appeal in Abuja upheld a Federal High Court ruling that voided the state’s 2024 budget, which was passed by a faction of the State House of Assembly loyal to Governor Siminalayi Fubara.
The court’s decision has heightened tensions between rival political factions and raised questions about the legitimacy of recent legislative actions in the state.
The judgment, delivered on Wednesday, October 9, 2024, found that the budget’s passage by five lawmakers aligned with Governor Fubara was illegal, as it did not meet the quorum required for such legislative functions.
Although the ruling did not directly reinstate the 27 defected lawmakers led by Martin Amaewhule, some are viewing it as a victory for the faction that has opposed the governor.
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A Deepening Rift and Calls for Impeachment
The political divide within the Rivers State House of Assembly stems from a bitter feud between Governor Fubara and his predecessor, Nyesom Wike, now serving as Minister of the Federal Capital Territory (FCT).
The assembly splintered into two factions: one led by Speaker Edison Ehie, aligned with Fubara, and the other by Martin Amaewhule, loyal to Wike.
The 27 lawmakers in the Amaewhule faction, who defected to the All Progressives Congress (APC) in December 2023, previously threatened to impeach the governor.
Their defection resulted in a legal dispute over the budget and the legitimacy of the assembly’s leadership, culminating in Wednesday’s ruling, which voided the 2024 budget and ordered the governor to present a new budget to the Amaewhule-led assembly.
Governor Withdraws Legal Defenses, Appeal Court Rules Against Him
Governor Fubara’s legal strategy was dealt a significant blow when the appellate court found that his decision to withdraw all defenses in the initial suit effectively conceded the case to his opponents.
“The challenges faced by the appellant were self-inflicted,” Justice Oyewale stated, emphasising that the governor’s withdrawal left the court with no choice but to rule against him.
“The passage of the budget by only five members was an aberration and illegality,” the court ruled, adding that the governor must now re-present the budget to the full assembly led by Amaewhule.
The court also criticised the governor for redeploying the clerk and deputy clerk of the assembly, calling it an “affront to the separation of powers.”
State Government Clarifies Judgment
In response to the ruling, Rivers State Attorney General and Commissioner for Justice, Israel Iboroma, issued a statement clarifying that the judgment did not reinstate the defected lawmakers.
Iboroma insisted that Amaewhule and his faction had automatically lost their seats when they defected to the APC in December 2023, in accordance with Section 109(1)(g) of the Nigerian Constitution, which mandates the automatic loss of legislative seats upon defection from the party that sponsored the member’s election.
“The defection of Martin Amaewhule and 26 others was not an issue for determination in the Federal High Court or the Court of Appeal,” Iboroma said.
“What was in issue was the 2023 Appropriation Law and the actions taken by the governor.”
The state government has announced plans to appeal the ruling to the Supreme Court and will seek a stay of execution to maintain the status quo pending the outcome.
Political Uncertainty Looms
The appellate court’s decision is likely to further destabilise the political climate in Rivers State.
With the Amaewhule faction feeling vindicated and the governor facing renewed scrutiny, there are growing concerns about whether the political standoff will escalate into further legal battles or even impeachment proceedings.
Amaewhule’s faction, which had previously accused Fubara of acting unlawfully by sidelining them in legislative processes, may now move to assert greater influence.
The governor’s allies fear that the judgment could embolden the opposition to push forward with impeachment efforts.
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Next Steps: Appeal and Mediation
Governor Fubara has instructed his legal team to challenge the appellate court’s decision at the Supreme Court, signalling his intention to fight for the legitimacy of his government’s actions.
At the same time, political observers are calling for mediation to resolve the deepening conflict between the governor and the pro-Wike faction, in order to prevent the crisis from spiraling further.
