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Why we restored G27 *S’Court, explains judgement on Rivers legislators
A Certified True Copy (CTC) of the Supreme Court judgment on the political crisis in Rivers State has shed light on why the apex court restored the Hon Martin Amaewhule-led leadership of the State House of Assembly.
Channels Television reports that in a 62-page judgement obtained on Thursday by our correspondent, the apex made it clear that there was no iota or shred of evidence to support the claim of defection made against the 27 members of the House of Assembly from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
In the judgement signed by Justice Emmanuel Agim, the Apex court said that the Rivers State governor, Siminalayi Fubara, who raised the allegations of defection against the 27 lawmakers on his own volition withdrew the allegations at the Federal High Court in Abuja.
By not supporting the defection claim against the Amaewhule-led leadership, the apex court held that in the eyes of the law, no defection has taken place and consequently the status quo in the House of Assembly must remain.
Justice Agim, who endorsed the judgement copy specifically held that there cannot be any House of Assembly unless as prescribed by the 1999 Constitution, adding that the Constitution did not envisage or support the position of Governor Fubara to recognize only four members as the authentic House of Assembly.
Consequently, the apex court held that it is an aberration for Governor Fubara to make any request, nominations and presentations to the Rivers State House of Assembly unless the one led by Hon Martin Amaewhule and believed to be loyal to former governor Nyesom Wike.
“What is clear from the above concurrent findings is that the 8” respondent (Fubara) started the prevention of the sittings of the Rivers State House of Assembly constituted by the number of members as prescribed by Section 96 of the 1999 Constitution long before the issue of the remaining 27 members defecting to another political party arose.
“The said activities of the 8” respondent (Fubara) were adjudged by the concurrent holdings of the Court of Appeal in its Judgment in Appeal No. CA/ABJ/CV/133/2024 as illegal and unconstitutional long before the allegation of defection started.
“Against the background of these concurrent findings and holdings In the Court of Appeal Judgment in Appeal No.CA/AB)/CV/133/2024, i is reasonable to conclude that the cross appellant’s reliance on Sections 102 and 109 of the Constitution and the doctrine of necessity is to continue his brazen subversion of the Rivers State House of Assembly, The 1999 Constitution and legitimate government in Rivers State.
“Having by his own admission engaged in a series of illegal activities just to prevent the other 27 members of the Rivers State House of Assembly from participating in the proceedings of the House to carry out their legitimate legislative duties which they were elected to do, his resort to Sections 102 and 109 of the 1999 Constitution and the doctrine of necessity on the basis of his allegation that they have defected is a red herring to perpetuate his subversion of the Rivers State House of Assembly, the 1999 Constitution and democratic government in Rivers State.
“The 8th respondent (Fubara) 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 therein to take place.
“The daim that the 27 members are no longer members of the House on the basis of an alleged defection is a continuation of his determination to prevent them from participating in the proceedings of the House. It Is an engagement in chicanery.
“Sections 102 and 109 of the Constitution cannot be invoked in aid of this unconstitutional enterprise. Section 102. of the Constitution that provides that “A House of Assembly may act notwithstanding any vacancy in its membership and the presence of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate such proceedings”, cannot be relied on to validate the proceedings of a House of Assembly in the absence of over 90% of the members or to justify a vacancy created by the illegal exclusion of a member of the House or to justify the contrived illegal exclusion of 27 members and officials from the House and illegal shutting down of the House by destroying the legislative building and House of Assembly complex and blocking access to the place by legislators and officials of the House.
“A government cannot be said to exist without one of the three arms that make up the Government of a State under the 1999 Constitution. In this case, the Executive arm of the Government has chosen to collapse the Legislature to enable him govern without the Legislature as a despot. As it is there is no government in Rivers State.
“The doctrine of necessity cannot be invoked to justify the continued existence of a deliberately contrived illegal or unconstitutional status quo. It cannot be invoked to justify and protect the illegal actions of the 8” respondent and his despotic rule of Rivers State without a House of Assembly.
“It applies to genuine situations that were not contemplated in the provisions of the Constitution or any law, which situations require the taking of some legitimate extra constitutional or extra-legal actions to protect public interest.
“The 8″respondent’s fear of impeachment by the House Assembly is no justification for his attacks on the House of Assembly, the Constitution, the Government of Rivers State and rule of law.
“Political disagreements cannot justify these attacks and contempt for the rule of law by the Governor of a State or any person. What the 8” respondent has done is to destroy the government because of his fear of being impeached.
“In the light of the foregoing, I hold that Cross-appeal No SC/CV/1175A/2024 lacks merit and is hereby dismissed.
“The part of the judgment of the Court of Appeal affirming the judgment of the Federal High Court in Suit No. FHC/AB)/CS/984/2024 is hereby affirmed. The said judgment of the Federal High Court in Suit No.. FHC/AB)/CS/984/2024 is hereby restored.
“For avoidance of doubt it is hereby ordered that the Central Bank of Nigeria and the Accountant General of the Federation should forthwith stop releasing and paying to the Government of Rivers State, its organs, departments and Officials any money belonging to Rivers State until an Appropriation Law is made by Rivers State House of Assembly constituted as prescribed y the !999 Constitution.
“The Rt Honorable Martin Chike Amaewhule and the other 26 members should forthwith resume unhindered sitting as Speaker and members respectively of the Rivers State House of Assembly. The Rivers State House of Assembly Should resume sitting with all elected members forthwith.
Obioma Obikeze, an internationally-acclaimed medical doctor will on April 1, assume duties as its new Managing Director and Chief Executive officer (MD-CEO) of Healthnomics HMO Plc, in a move the organisation, said is to tap his huge experience in healthcare policy and financing as well as strategic leadership and expertise in health insurance and managed care operations.
A statement by the organisation, announcing the appointment, cited Obikeze’s background including his transformative roles at the Federal Medical Centre Yenagoa, where he led significant operational enhancements in health insurance and managed care programmes, saying his commitment to excellence in healthcare leadership remained evident from his recent tenure as Acting Head of Clinical Services and Training at his institution.
The statement, signed by Kenneth N. Ozoilo, a Professor and Chairman, Board of Directors, said further relished the quality of the new organisation’s boss, saying with a medical degree from the University of Nigeria, a fellowship of the West African College of Physicians, and a master’s degree in epidemiology and medical statistics from the University of Ibadan, fitted perfectly into the company’s desires and mandate.
“Obikeze was also a World Bank Exchange Scholar at the Heller School for Social Policy and Management at Brandeis University, Massachusetts, USA, graduating with a master of science (MS) in International Health Policy and Management. He also holds certifications in Health Care Financing for Universal Health Coverage from prestigious institutions like the World Health Organization, Geneva, Switzerland, and Heidelberg University, Germany.
“We are pleased to have Dr. Obioma Obikeze lead our team. His exceptional expertise, track record, and uncommon commitment make him the perfect candidate to guide our organization towards impactful healthcare solutions for our clients,” Ozoilo, said.
On his part, the new MD-CEO, was quoted as saying: “I am thrilled to lead Healthnomics HMO Plc on our mission to redefine healthcare quality through responsible and accountable purchasing arrangements. Our dedicated team is focused on enhancing health outcomes, elevating the patient experience, and fostering positive collaborations and accountability with our stakeholders.”
Ozoilo, who described the company as described as a visionary Health Maintenance Organisation driven by its mission to enhance access to quality and affordable healthcare services to individuals, families, and corporate organisations at affordable costs. We work to improve health outcomes, enhance responsible patient experience, and make a positive impact on our communities.
Onyekachi Nwaebonyi, Senator representing Ebonyi North Senatorial District, at the National Assembly, is still talking tough hours after raining expletives on Oby Ezekwesili, former Minister of Education, calling her a thug, an old woman with smelly mouth among others during an engagement in the Senate, on Tuesday.
The ugly encounter took place at the sitting of the Senate Committee on Ethics, Privileges, and Public Petitions during the commencement of hearing on the petition of sexual harassment brought by Natasha Akpoti-Uduaghan, the Senator representing Kogi Central against Godswill Akpabio, Senate President.
Contrary to the belief in some quarters that he spoke in the heat of the moment and on reflection would be regret the words he used at the former Minister, before then Vice President of the World Bank for Africa, Nwebonyi, palpably still burning with anger, told his host on Politics Today, a public affairs programme on Channels Television on Tuesday evening, that he had no such regrets.
Justifying his obstinate position, he accused the former Minister of bringing the insults on herself deservedly for ordering him to shut up, even when she knew she was speaking to a Senator of the Federal Republic of Nigeria, adding that such insult to his person would never be allowed.
Hear him: “It started when she was asked to be an oath because she said she was a witness. She said, ‘no she can’t be on oath, she can’t oath.’ As a person, I said I am willing to be sworn on oath so that I can give my own evidence. I was addressing the presiding office. She turned to me and said, ‘Will you shut up your mouth, you are a hooligan.”
Absolving himself of blame at the choice of his word in which he thundered: “How can I regret the scenario? I gave it to her. Is it fair for her to address me that way? As a former minister of the federal republic and a grandmother, ask her first.”
Oby Ezekwesili, former Minister of Education, on Tuesday, gave further details on the altercation between her and Onyekachi Nwaebonyi, Senator representing Ebonyi North, at the National Assembly, during the commencement of hearing of the sexual harassment case filed against Godswill Akpabio, Senate President by Natasha Akpoti-Uduaghan, Senator representing Kogi West.
At the Senate Committee on Ethics, Privileges, and Public Petitions, the two had engaged each other in a shouting match, using unprintable names, with the Senator virtually going overboard to as much as calling the former Vice President of the World Bank, a whore.
A guest at Prime Time, a public affairs programme of ARISE NEWS Network, hours after the incident, the former Minister admitted telling the Senator to shut-up, but explained that it was because the team of Akpoti-Uduaghan, was overly stressing Senate rules over the constitution and giving undue preference to the Akpabio camp.
Giving a detailed account of the encounter, she said: “I was there as the Chair of the global body known as the Women Political Leaders. It is based in Brussels, but it is a global body for all women who have been Presidents or former Presidents, Prime Ministers, parliamentarians and members of cabinet of countries.
“So, it is a global flagship for women political leadership. And so, I was there as a witness on her side on the basis of the expert knowledge that we have over this issue around the world. It is based on data that this is a problem. One out of every three women, has faced one form of sexual-based violence or the other. And so, a lot of countries are paying serious attentions to it, because it is inimical to the society.”
The former Minister who was present at the hearing alongside Abiola Akiyode-Afolabi, lawyer to Zubairu Yakubu, who raised the petition on behalf of the Kogi Senator, one in the four females in the 10th Senate, narrated how the petitioners raised the issue of bias against the committee, said she became more displeased, when the committee tried to dismiss the Natasha team as unserious.
“In fact the words they used was that ‘we do serious things here, we don’t have time for unserious things.’ At that time, I had my hand up and I said, ‘I actually think that was a wrong use of words, we are not unserious people, this is a serious matter.’ Many conversations went on. Eventually, the Senate Ethics Committee, decided that based on the fact that the petitioner was saying that he wasn’t going to go into his main petition until they assured him that on the two objections that he had, they said, it meant we were not ready to engage on the matter.
“Then, suddenly, they also said, by the way, this matter is sub-judice because there are two cases in court and they mentioned the case of the wife of the Senate President and that on the basis of that they actually really shouldn’t… it was at that point that Dr. Abiola said, what’s the point, why are we here?
“When all that was going on, then, this Senator, who I would not acknowledge by mentioning his name, he then said if they are not ready about giving any testimony, I am here representing the Senate President as a respondent. I’m prepared to speak because we can’t continue with this. Then I said to him, ‘can you please shut up?’ Because we were just told that we couldn’t speak. And you have been speaking without any form of an equivalent treatment.
“You said we couldn’t speak because we were not ready to go into any conversation without our objections being addressed. Yes I said that. But he was already provoked, by the fact that he felt that we were not serious. Part of what inflamed it was that the petitioner said, by the way, it is this Senator that made a lot of statements about my Senator in words that were not complimentary.”
Obikeze, globally-acclaimed medical doctor, becomes Healthnomics’ MD-CEO
I don’t regret my insult on Oby Ezekwesili, she deserved it – Nwaebonyi
Why I asked Nwaebonyi to shut up – Oby Ezekwesili
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