'Seun Ibukun-Oni, Abuja
In a landmark decision that has far-reaching implications for Rivers State’s governance, the Supreme Court on January 10, 2025, dismissed an appeal by Governor Siminilayi Fubara, effectively upholding a lower court’s ruling that addresses not only the contentious 2024 budget presentation but also the leadership and membership of the Rivers State House of Assembly.
According to a statement issued today by House of Representatives member representing Abua/Odual and Ahoada East Federal Constituency in Rivers State, Solomon T. Bob, the ruling has sparked heated debates, particularly after prominent lawyer Mr. Femi Falana SAN offered a controversial interpretation of the judgment, which has been criticized as misleading.
The case stems from a January 22, 2024, judgment by Justice Joseph Omotosho of the Federal High Court, which was later affirmed by the Court of Appeal. The Supreme Court’s dismissal of Governor Fubara’s appeal solidifies Justice Omotosho’s ruling, which centered on two critical issues: the legitimacy of the Rivers State House of Assembly’s leadership and the legality of budgetary and other presentations made by the governor to the Assembly.
Contrary to claims by Mr. Femi Falana during a recent television appearance, the Supreme Court’s decision is not limited to the 2024 appropriation law. Justice Omotosho’s judgment explicitly restrained Governor Fubara from making “any request, presentation, or nomination in the Rivers State House of Assembly except to the House of Assembly under the leadership of the 2nd Plaintiff,” Speaker Martin Amaewhule. This order applies not only to the 2024 budget but also to all subsequent presentations, including the 2025 budget, as well as nominations and requests before the Assembly.
Mr. Falana had argued that the dismissed appeal was merely academic and only pertained to the 2024 budget. However, legal experts and lawmakers have pointed out that his interpretation overlooks the broader implications of the ruling. Rep. Solomon T. Bob, a member of the House of Representatives representing Abua/Odual and Ahoada East Federal Constituency in Rivers State, issued a press statement on February 14, 2025, criticizing Mr. Falana’s remarks as “misleading” and “outrageous.”
Another critical aspect of the Supreme Court’s decision is its affirmation of the membership of the 27 legislators in the Rivers State House of Assembly. Justice Omotosho’s judgment, which was upheld by the Court of Appeal and now by the Supreme Court, confirmed the legitimacy of these lawmakers. Rep. Bob emphasized that the Federal High Court, under Section 272(3) of the Nigerian Constitution, is the only court vested with jurisdiction to determine questions of vacancy in a State House of Assembly.
Mr. Falana had claimed that the dismissed appeal did not address the question of the Assembly’s membership, a position Rep. Bob described as “legally baseless.” The lawmaker further clarified that Section 109(1)(g) of the Constitution, which deals with the vacation of seats by lawmakers, is not self-executory and requires judicial interpretation.
Rep. Bob expressed dismay at Mr. Falana’s “consistent penchant for misleading the public” regarding the Rivers State crisis. He accused the senior lawyer of employing “self-serving sophistry” to justify what he described as “egregious constitutional abuse” in Rivers State. Rep. Bob also criticized Mr. Falana’s suggestion that three members could constitute a legal quorum in a 30-member House of Assembly, calling it an “absurdity.”
“Mr. Falana should separate his animus towards an individual from his exposition of the law and have the humility to admit that he is not the law,” Rep. Bob stated. He reminded the public that, as Justice Oliver Wendell Holmes famously said, the law is “the prophecies of what the courts will do in fact,” and not the personal opinions of individuals, no matter how knowledgeable.
The Supreme Court’s decision comes at a time when Rivers State is grappling with political and governance challenges under Governor Fubara’s administration. Rep. Bob described the governor’s rule as “unexampled and delinquent,” accusing him of numerous “criminal misdeeds” that are being undone by the courts.
The ruling reinforces the authority of Speaker Martin Amaewhule and the 27-member House of Assembly, ensuring that all budgetary and legislative processes must go through the recognized leadership. This decision is expected to have significant implications for the state’s governance, particularly as it prepares to present and pass the 2025 budget.
The Supreme Court’s dismissal of Governor Fubara’s appeal has far-reaching consequences beyond the 2024 budget, touching on the core issues of legislative leadership and membership in Rivers State. While Mr. Femi Falana’s interpretation of the ruling has stirred controversy, legal experts and lawmakers have clarified that the judgment addresses a broader spectrum of governance issues. As Rivers State navigates this political crisis, the courts’ decisions remain pivotal in upholding constitutional order and the rule of law.
