Supreme Court directs Fubara to pay legal fees to 27 pro-Wike lawmakers

The Supreme Court of Nigeria has ruled that Governor Siminalayi Fubara of Rivers State must pay N5 million in legal costs to 27 state lawmakers aligned with the Minister of the Federal Capital Territory, Nyesom Wike.

The verdict was delivered by Justice Emmanuel Akomaye Agim in response to an appeal brought by the lawmakers, led by Speaker Martin Amaewhule, against a prior Court of Appeal ruling.

The case listed multiple respondents, including the Rivers State government, Governor Fubara, the Rivers State Independent Electoral Commission, and key financial institutions like the Central Bank of Nigeria, Zenith Bank Plc, and Access Bank Plc. Governor Fubara was cited as the 8th respondent, while the Rivers State government was listed as the 1st respondent.

The Supreme Court upheld findings from both the Federal High Court and the Court of Appeal, stating that Governor Fubara had engaged in unlawful and unconstitutional actions to undermine the State Assembly and avert an anticipated impeachment process.

Justice Agim remarked, “The concurrent findings of facts in the Court of Appeal Judgment in Appeal No. CA/ABJ/CV/133/20249 (exhibit RSHA 5) indicate that some months after the 8th respondent was elected and sworn in as Governor of Rivers State in 2023, he began to fear that, instigated by his political opponents, members of the Rivers State House of Assembly were planning or initiating proceedings to impeach and remove him from office as Governor of the State.”

To prevent this perceived threat, the court noted that Governor Fubara allegedly took various measures to disrupt legislative processes, including trying to involve the National Assembly in state affairs, obstructing Assembly sittings, and physically demolishing the legislative building.

The judgment detailed, “That to pre-empt his said impeachment, 8th respondent took several steps such as attempting to get the National Assembly to take over the exercise of the legislative powers of Rivers State from the Rivers State House of Assembly, preventing the Rivers State House of Assembly from sitting with its complete members or constitutionally prescribed quorum of one-third of the 32 members and arranged for initially 4 members and subsequently 3 members to be sitting as Rivers State House of Assembly outside the Legislative building.”

The court further criticized Fubara for blocking Assembly members and staff from accessing the legislative complex, in defiance of interim restraining court orders obtained by the 27 lawmakers.

According to the ruling, the governor’s actions preceded allegations that the 27 lawmakers defected to another political party. The court asserted that the lawmakers remained valid members of the House and could not be barred from legislative duties by the governor.

Justice Agim explained, “The 8th respondent had collapsed the Rivers State House of Assembly. Therefore, no question about any member having lost his seat in that House due to defection can validly arise. There must be a House of Assembly for any constitutional processes such as declaration of a seat vacant for defection therein to take place.”

The court concluded that Governor Fubara’s fear of impeachment did not justify his actions against the legislative arm, describing them as destructive to constitutional governance in the state.

“What the 8th respondent has done is to destroy the government because of his fear of being impeached,” the judgment stated.

Ultimately, the court ruled that both the Rivers State government and Governor Fubara must jointly pay N5 million in legal costs to the lawmakers.