By Tonye Clinton Jaja
Nyesom Ezenwo Wike (NEW) was correct when he said about today’s judgment: “Supreme Court has ended impunity in Rivers, says ex-Governor Wike”.
One of the immunities that the Supreme Court of Nigeria put an end to was the use of the premises of the Rivers State House of Assembly for meetings by Amawhule and his group, whose status as law-makers is awaiting final determination by the Supreme Court of Nigeria and a federal high court in Port Harcourt.
Both by the operation of the doctrine of necessity and by his role as the Chief Security Officer of Rivers State, Governor Fubara had a legal duty to prevent infrastructure of Rivers State from being used by persons whose status are awaiting final determination by both the Supreme Court of Nigeria and the federal high court, Port Harcourt.
The Governor of Anambra State is currently applying such tactics by the demolition of premises where illegal persons perpetrating unlawful activities are resident or using such premises for their illegal activities.
Another impunity that the judgment of the Supreme Court of Nigeria has resolved today is the issue of whether Amawhule and his 26 can engage in law-making activities before the final determination of their status by both the Supreme Court of Nigeria and the federal high court, Port Harcourt.
Before now, they were busy churning out Bills and Resolution as if it were a “candy factory”.
With today’s judgment, which says that they should resume, doesn’t imply that they can engage in law-making activities until their status is finally determined by the relevant courts of law.
The implication of today’s judgment is that the Supreme Court of Nigeria is stating that for the records, we recognise that Amawhule was Speaker of the Rivers State House of Assembly as of November 2023.
However, we are going to make a final determination as to whether Amawhule and the 26 are still law-makers of the Rivers State House of Assembly after December 2023 when they announced their defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
So in the final analysis, NEW is celebrating a “Phyrric” victory.
A Phyrric victory is defined as: “achieved at excessive cost. A Pyrrhic victory is also costly to the point of negating or outweighing expected benefits. A great but Pyrrhic act of ingenuity.”
So what is there to celebrate because the Supreme Court of Nigeria stated that:
“The Supreme Court has stopped the Central Bank of Nigeria and the Accountant General of the Federation from allocating funds to the Rivers State government until a valid appropriation law is passed by the Rivers State House of Assembly.”
NEW has forgotten that Amawhule and the 26 would not receive any salaries and allowances during the period that Rivers State Government allocations are withheld by the Central Bank of Nigeria (CBN).
And this period would last until the same Supreme Court of Nigeria makes a final determination as to the status of Amawhule and the 26!!!
Also, on the issue of the Rivers State Local Government Area (LGA) Council elections that was cancelled by the Supreme Court of Nigeria, what is NEW celebrating about?
It doesn’t reinstate the previous LGA Chairmen whose tenures were extended by Amawhule and the 26!!!
At best fresh elections would be held and we all know that this would be after the final determination of the status of Amawhule and the 26!!!
And since nature abhors a vacuum, caretaker Chairmen would have to be appointed by His Excellency, Governor Simnialayi Fubara to take charge until whenever the legal hurdles are clarified before the LGA Council elections would hold.
Alternatively, as is the case the incumbent LGA Chairpersons would still hold forth until such a time!!!
Dr. Tonye Clinton Jaja,
Executive Director,
Nigerian Law Society (NLS).
